Diversity, Equity and Inclusion (DEI)

Protected speech vs. unprotected speech

As we approach Election Day, we want to provide helpful information regarding protected speech, expressive activities, and tips for managing potentially emotional discussions that may arise in classrooms or other spaces on campus. We also want to remind you of resources available for reporting any concerns.

Under the First Amendment, all speech is generally protected, except for a few narrowly defined categories of unprotected speech. Protected speech includes expressive conduct, such as peaceful sit-ins, flag-burning as a form of protest, or symbolic attire expressing support for specific causes or values. However, certain types of speech do not receive protection under the First Amendment. These unprotected categories include obscene materials, speech that incites criminal acts, true threats, fighting words, and defamatory statements.

Definitions of Unprotected Speech:

• True Threats: For speech to qualify as a true threat, it must be a serious expression of intent to commit unlawful violence against a specific individual or group. This does not encompass political hyperbole, harsh criticism, or insults.
• Fighting Words: Fighting words are direct, personal insults likely to provoke immediate violence from the recipient. These are restricted due to their tendency to incite immediate, violent reactions and must be directed toward a person present at the time of the statement.

While the First Amendment grants broad protections, it does not guarantee the unrestricted right to express views at all times, in all places, or in any manner. Faculty members retain the ability to guide and refocus discussions to maintain relevance to course material and promote an environment conducive to learning. Additionally, the College enforces administrative rules regarding the use of college facilities for expressive activities, especially by noncollege groups, and these rules are neutral with respect to content but address time, place, and manner restrictions.

For those who may find discussions about current events challenging or emotionally charged, we encourage you to use your discretion to create an environment that respects diverse perspectives while maintaining a constructive and respectful dialogue. If any situations arise that require further support, please do not hesitate to reach out to the appropriate campus resources for guidance or to file a report if necessary.

Useful links

• Policy 605 - Facilities Use
• Chapter 132M-139 WAC Use of College Facilities - Expressive Activities
• Guidelines for Expressive Activities
• Employee guidelines regarding “Ethics and Political Campaigning” from Kendra Sprague (LCC employee access only)
  • Bias Response Team. LCC's Bias Response Team (BRT) consists of a diverse group of campus representatives who are available to determine a rapid and effective response to incidents of bias and offer broader prevention and educational strategies
  • Make a Report. If you observe or experience harassment or discrimination, bias, or other misconduct, please 'Make a Report' using the form below. Your report will route to the appropriate personnel, who will respond to your concerns in a timely and as private manner as possible.
• Advice for faculty on how to help students during the election

Contacts

• Employee questions
  
  • Human Resources: hr@lowercolumbia.edu
• Safety and Security, or Student Conduct
  • Jason Arrowsmith, Director of Security: jarrowsmith@lowercolumbia.edu
• Instructor support and questions
  • Dan Ruiz, Executive Director of Diversity, Equity and Inclusion: druiz@lowercolumbia.edu

As we approach the upcoming election, it’s important that we foster an environment of support, kindness, and well-being for all members of our campus community—students, staff, and faculty alike. Elections can often bring heightened emotions and stress, so we’d like to share a few resources to help guide us through this time with care and respect for one another.

Mental Health and Well-Being Resources

We encourage everyone to take advantage of the college's mental health services during this time. These include:

• Counseling Services
• Employee Assistance Program
• Election Anxiety-Resources to help with election anxiety
• Pre-Election Support & Resource Guide for Employees -Employees can always visit the EAP webpage for more information about the EAP and the resources available. Our org code is ​LCC.

Safe and Respectful Dialogue

Engaging in respectful conversations is key during election season. Here are a few resources to help promote positive discussions:

• Guide to Respectful Dialogue – From Ohio State University
• Calling in, instead of calling out – from American University’s Center for Teaching.

Extend kindness

• There may be students in your class, that, regardless of the outcome, will experience feelings of grief or stress. Work with them, and their care team to offer coordinated care to ensure their success in this term.

Let’s commit to maintaining a culture of care, kindness, and understanding as a community. By doing so, we can support one another during this pivotal time.

~Signed by the Diversity and Equity Committee and Executive Leadership Team members

Diversity and Equity Committee members

• Dan Ruiz, DEI Executive Director
• Alé Sanchez (Co-chair)
• Natasha Allen (Co-Chair)
• Magnus Altmayer
• Larissa Arnold (Secretary)
• Shiree Bent
• Henry Brewster
• Kailie Drumm
• Alex Emerson
• Jessica Harris
• Jennifer Lucas
• Elle Marander
• Alyssa Mayclin
• Emme McCarthy
• Ariana Muro
• Serena Murray
• Tanya Pisarchuk
• Betsy Richard
• Stefan Rijnhart
• Shane Rivera
• Morgan Salisbury
• Leslie Scarborough
• Morgan Stierman

Executive Leadership Team members

• Matt Seimears, President
• Kendra Sprague, VP of Foundation, HR and Legal Affairs
• Sue Orchard, VP of Student Services
• Kristen Finnel, VP of Instruction
• Nolan Wheeler, VP of Administration
• Wendy Hall, VP of Effectiveness and College Relations