Commonly Used Terms
The following are commonly used terms and definitions that guide the work of the CCRS. The intent in sharing this information is to ensure that the CCRS and University community share the same language and understanding regarding reporting and response.
Acts of Misconduct (Student Code of Conduct- III.A.8):
Intimidation or harassment based on protected class status: Acts of misconduct or a bias incident when committed by reason of age, color, disability, gender, gender identity, marital or civil union status, national origin, race, religion, sex, sexual orientation, or veteran status of another individual or group of individuals
Bias Incident: A bias incident is defined as an action, behavior or expression against an individual’s or a group’s actual or perceived identity. A bias incident may take the form of a verbal interaction, cyber-interaction, physical interaction or interaction with property. Bias incidents occur whether the act is intentional or unintentional and may be based on, but not limited to age, race, color, ethnicity, sex, sexual identity, sexual orientation, religion, disability, gender identity and expression, national origin, genetic information, citizenship status, political affiliation, marital/civil union status, or military/veteran status. Bias is a campus climate concern because it often contributes to or creates an unsafe/unwelcoming environment. Bias incidents may also sometimes not fit within the parameters of a formal complaint process but warrant a response to remedy the harm done to an individual, group or community.
Chilling Effect: This term refers to the concept of a campus member feeling deterred from exercising their free speech as a result of campus or community policies; feeling concerned that by exercising their rights they may experience negative consequences.
Defamation: Defamation is an act of communication causing someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.
Fighting Words: Fighting words are words intentionally directed toward another person which are so venomous and full of malice as to cause the hearer to suffer emotional distress or incite the hearer to immediately retaliate physically. Fighting words are not an excuse or defense for a retaliatory assault and battery. Words are often evaluated not only by the words themselves but the context in which they are spoken.
Hate Crime: Two elements must be present for a hate crime to have occurred. First, a crime must have occurred (vandalism, physical assault, arson, etc.) and second, the crime must be motivated, in part or wholly, by bias. The targeted individual or group must also be listed in state or federal statutes as a protected class/identity.
Illinois statute 720 ILCS 5/12-7.1 (ilga.gov) states that “a person commits a hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, they commit assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, the transmission of obscene messages, harassment by telephone, or harassment through electronic communications.”
Federally protected classes/identities include race, color, religion or creed, national origin or ancestry, sex (including gender, pregnancy, sexual orientation, and gender identity), age, physical or mental disability, military/veteran status, genetic information, and citizenship, ethnicity, nationality, and disability. (adapted from Southern Poverty Law Center)
Hate Speech: Speech that expresses hateful or discriminatory views about certain groups that historically have been subject to discrimination, or about certain personal characteristics that have been the basis of discrimination (such as race, religion, gender and sexual orientation). (from Hate, by Nadine Strossen)
Incitement or Imminent Lawless Action: When speech is directed to inciting or producing imminent lawless action (intending to advocate illegal action) and is likely to incite or produce such action
Involved Party: Person/organization that is thought to have instigated the campus climate concern
Obscenity: Obscenity is something that is patently offensive in the mind of the audience experiencing it. Its definition is a highly subjective reference to material or acts that display or describe sexual activity in a manner appealing only to "prurient interest," and lacks any legitimate artistic, literary or scientific purpose.
Protected Identity: For the purposes of this process, a Protected Identity is an identity that is targeted by an involved party and is directly related to harm on the basis of one or more of these actual or perceived characteristics:
- Age
- Ancestry
- Citizenship
- Color
- Creed
- Ethnicity
- Genetic information
- Gender identity or expression
- Immigration status
- Marital/civil union/domestic partnership status
- Military service
- National origin or Nationality
- Physical or mental disability
- Race
- Religion
- Sex (including gender, pregnancy, sexual orientation and gender identity)
- Sexual orientation or sexuality
- Veteran status
- Or any other characteristic protected by applicable law
Protected Speech: Speech that is unpopular, offensive or even abhorrent may be protected by the First Amendment. This does include speech that is political in nature, racist, sexist or otherwise unbecoming. And, like individuals can have and express controversial points of view, student groups are also allowed to invite provocative speakers to campus as long as relevant University policies are followed.
Race-Based Harassment: Harassing a person because of that person's race or color. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Reporting Party: A person who completed the campus climate concern reporting form or reported in person a campus climate concern
Sexual Harassment: Definitions and examples of prohibited sexually harassing behaviors are found at 7.D.1-4 of the Southern Illinois University System Policies of the Board.
True Threat: Allegedly threatening speech where it is proven the speaker meant to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual
Unprotected Speech: Some speech may subject the speaker to discipline if specific legal thresholds are met. The threshold varies based on the issue and type of speech. Speech that may rise to the legal threshold of unprotected speech may include Sexual Harassment; Race-based Harassment; Obscenity; Fighting Words; Incitement or Imminent Lawless Action; True Threat; and Defamation.
It is important to remember that these thresholds are not easily met and much of the speech on campus will remain protected. Even abhorrent speech may be protected under the First Amendment and may not be subject to University discipline. Learn more about protected and unprotected speech under Freedom of Speech.
