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Summary

Policies addressing bullying and cyberbullying have often “trickled up” from K-12 to the collegiate setting, where they prohibit bullying in a problematic manner by including expression that is protected under First Amendment standards. 

Consult ����ֱ��’s Model Speech Policies for College Campuses webpage to explore policies from various institutions in our Spotlight database that earn a “green light” rating in each category, including policies on bullying.

Common Mistakes

Incorrect legal standard

Any behavior that universities wish to prohibit under the category of “bullying” would best be targeted by regulating hostile environment harassment, pursuant to the Supreme Court’s standard in Davis v. Monroe County Board of Education. Colleges and universities often set forth a lower, less speech-protective standard when regulating “bullying.”

Undefined terms

Often, policies will prohibit “bullying” without defining its parameters, potentially subjecting rude or offensive — but protected — expression to punishment.

Policy Examples

Red light

Cheyney University of Pennsylvania: CU Campus & Public Safety: Cyber Stalking and Bullying Information

Students should be aware that they can be held accountable for posting and sending inappropriate, uncivil, harassing, and threatening content on the Internet (Face book, Twitter, e-mail, IM, texting, You Tube, etc.). Any act that is unbecoming of a CU student to include cyber bullying and cyber stalking is considered a violation of the Student Code of Conduct and the CU Student Handbook. Depending he [sic] severity of the incident, students can also be suspended, expelled, and/or arrested for such acts.

Yellow light

College of Charleston: Student Handbook: Bullying and Incivility

Bullying is prohibited under the Code of Conduct and as such can be grounds for disciplinary action, up to and including suspension or expulsion. As defined in the Code, bullying is repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt or diminish another person physically or mentally (that is not speech or conduct otherwise protected by the First Amendment).

Green light

McNeese State University: Anti-Bullying Policy

McNeese State University defines bullying as “engaging in repeated actions which cause another person to experience intimidation, the unlawful use of physical force or harassment that is so severe, pervasive, and objectively offensive that it denies the victim equal access to the university’s resources or opportunities.”