I.
a) Washington and Lee University condemns the use of hate speech by students, faculty, and staff. No student, faculty member, or staff member, shall use hate speech, in written, oral, or recorded form, in or on facilities owned, operated, or managed by the University. Hate speech includes, but is not absolutely limited in all cases to, the use of slurs, epithets, and clearly derogatory words or phrases on the basis of race, color, sex, gender, religion, national or ethnic origin, age, sexual orientation, or disability. In addition, no student or employee of the University shall, on any grounds, including race, color, sex, gender, religion, national or ethnic origin, age, sexual orientation, or disability, engage in speech designed and intended to incite imminent physical violence or unlawful activity against another member of the University community. Nothing in this section shall be construed to limit, prevent, or prohibit free and open classroom discussion, or the full and free expression of moral, social, philosophical, religious and political views. If a respondent identified in sections (e)–(h) can demonstrate, by clear and convincing evidence, a reasonable, non-derogatory meaning under the circumstances for the respondent's verbal conduct, the respondent shall not have used hate speech or violated this policy. An act in violation of this policy performed by one particular respondent shall constitute one incident of prohibited hate speech in a University facility regardless of the number of individuals who report the conduct.
b) For purposes of this policy, "clearly derogatory words or phrases" are defined as words or phrases that, under the totality of the circumstances, are not reasonably susceptible to a non-derogatory meaning. The term "clearly derogatory words or phrases" is to be construed narrowly.
c) Whether a particular incident qualifies as the use of prohibited hate speech in a University facility is evaluated on a case-by-case basis. Nonetheless, the use of the following terms, words, and phrases in a University facility is highly likely to violate the policy:
-nigger
-faggot
-fag
-cunt
-that's so gay
-kike
-chink
-wop
-gook
-towel head
-dyke
-jungle bunny
-cracker
-wetback
The foregoing list is not an exhaustive list of hate speech in any way. University administrators, students, faculty, staff, and conduct bodies shall look to this list, in combination with the plain language of the policy, for guidance in considering whether a particular incident, including those not involving specific terms on the list, qualifies as an incident of proscribed hate speech in a University facility.
d) If an individual fails to report an incident of prohibited hate speech in a University facility within 30 calendar days of its occurrence, no notice shall be issued as described in section (e), and no consequences shall attach to the alleged misconduct, regardless of whether a violation of this policy actually occurred.
e) If a student, faculty member, or staff member reports an incident of hate speech in a University facility under this policy, the Dean of Students, or any person that the Dean of Students shall designate, shall issue a notice to the person reported as having violated the policy (hereinafter the respondent). The notice shall state that an individual has claimed that the respondent violated this policy, shall state the date and approximate time during which the report was received, shall briefly state the date and alleged circumstances of the conduct reported, shall state the respondent's right to challenge the notice, and shall state the potential consequences of declining to challenge the report of misconduct failing to challenge the report of misconduct successfully. The notice shall be provided both via e-mail and hard copy. University staff and administrators are encouraged to contact the respondent in-person, if practicable, to discuss the matter and ascertain facts regarding the alleged incident. University faculty, staff, and administrators are also encouraged to provide reasonable aid, comfort, and support, to the victims and witnesses of hate speech.
f) A conduct body shall not impose any sanction or consequence upon the respondent if the respondent has not previously been reported as having violated this policy and has not received a valid notice under section (e). Likewise, if the respondent has been previously reported in error as having violated this policy, the University shall not impose any sanction or consequence upon the respondent.
g) Upon receipt of a notice under section (e), the respondent has a right to assert before a conduct body that he or she has not violated this policy. The respondent must give notice of the respondent's intent to exercise this right within 30 calendar days of receipt of the section (e) notice. The conduct body must hold a hearing on the matter upon request of the respondent. If the respondent demonstrates that he or she has not violated this policy, and that accordingly the notice was issued in error, the University shall deem the respondent to have not violated this policy and to have never been reported for any alleged violation of this policy. The erroneous notice will be null and void for purposes of section (h). Once the conduct body has decided whether a conduct violation has occurred, a notification of that body's decision may be published on an appropriate public board or display. The notification shall state that a student was reported to have violated the University's hate speech policy, shall state that the student challenged the report, shall briefly describe the incident, and shall announce the decision of the conduct body. If the respondent has explicitly declined to challenge the section (e) notice and the underlying report of a violation of this policy, then the notice shall stand, and a notification issued by the conduct body shall reflect that the respondent did not challenge the section (e) notice. The notification shall not, under any circumstances, state the name or identity of the victims, witnesses, or respondent involved in a particular incident. Any details of the incident that are likely to reveal the identity of the aforementioned individuals shall not be included in the notification.
h) If an individual has reported a violation of this policy, and the respondent has previously been determined to have violated this policy under the procedures set forth in sections (e)–(g), then no section (e) notice shall be required, and the individual can refer the matter to a conduct body to be adjudicated in the regular manner in which conduct violations are adjudicated. The conduct body may impose consequences as it sees fit under these circumstances. The decision of the conduct body shall be reported in a notification identical to the section (g) notification, except that it shall state whether any consequences were imposed upon the respondent and describe the nature of any such consequences.
i) In determining whether the respondent has used prohibited hate speech in a University facility, a conduct body, including but not limited to the Student Affairs Committee, the Student Judicial Council, and the Student-Faculty Hearings Board, is encouraged to consider the following circumstances:
A) The public or private nature of the comment
B) The actual and anticipated reactions of the victims and witnesses of hate speech during or shortly after the incident
C) The timing of the conduct in question
j) Given the University community's commitment to honor, civility, and safety, students are expected to report incidents of prohibited hate speech in a University facility under this policy. Students are also encouraged to support and comfort witnesses and victims of hate speech in an appropriate manner. No consequences shall be imposed upon any student for failure to comply with the expectations and duties listed in this section.
k) False and malicious reporting of violations of this policy is strictly prohibited. Any student, faculty member, or staff member who falsely and maliciously reports an alleged incident of misconduct under this policy may be subject to appropriate consequences.
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