Though Del Mar College has not experienced widespread student activism related to the Israel-Hamas war like other colleges and universities across the country, an order from Texas Gov. Greg Abbott resulted in a conversation about free speech on campus Tuesday.
In March, Abbott issued an executive order instructing all higher education institutions in Texas to update free speech policies to include a definition of antisemitism, as well as punishments for violating policies. The order describes incidents of antisemitism at public universities, including antisemitic graffiti on buildings and parking lots of Jewish student organizations.
In compliance with the executive order, the Del Mar College Board of Regents approved an update to the college free speech policy Tuesday.
Augustin Rivera Jr., Del Mar College general counsel, said that the tweaks approved by the regents comply with the governor's order, but the college will further review free speech policies in the future.
In a press release about the order, Abbott said, "Some radical organizations on our campuses engaged in acts that have no place in Texas," and college campuses must be safe spaces for members of the Jewish community.
The order mentions protests and walkouts on university campuses that occurred this spring in response to the Israel-Hamas war, specifically calling out Palestinian student groups.
Protests at the University of Texas in Austin involving hundreds of students walking out in support of Palestinians and made headlines in April. This spring, protesters at universities across the country called on schools to divest from companies tied to Israel or weapons manufacturing.
Abbott's executive order does not address anti-Islamic acts.
The Council on American-Islamic Relations condemned the executive order as "directing universities to punish students and organizations that are critical of Israel's ongoing genocide against Palestinians in Gaza," announcing a lawsuit challenging the order on First Amendment grounds in May.
The policy update approved by the Del Mar College regents does not focus solely on antisemitism — instead looking at a broader description of harassment and discrimination.
The regents approved a new paragraph added to the free speech policy that says that any speech or other activity constituting harassment, discrimination or a hostile environment based on a broad variety of factors, including race, color, national origin, citizenship or immigration status, religion, age, disability, sex, sexual orientation, gender identity, military status or any other protected classification, violates the legal rights of others, and Del Mar College is legally obligated to respond.
The paragraph notes that Title VI of the Civil Rights Act of 1964 encompasses antisemitism and cites the most recent state and federal definitions of discrimination and antisemitism.
Rivera explained the policy change to the regents and spoke on the subject of free speech at the Tuesday meeting.
Freedom of speech is protected on college campuses, but there are exceptions when speech incites violence and the college is obligated to protect students and employees, Rivera said.
Del Mar College's existing policies already encourage campus groups and individuals to speak or invite speakers to campus, allowing any constitutionally permitted forms of speech that don't interfere with normal activities of the institution.
The existing policy prohibits speech that advocates the violent overthrow of the government, willful destruction of buildings or property, disruption or impairment by force of regularly scheduled classes or educational functions, physical harm, coercion, intimidation or other invasion of lawful rights of students and staff, and violent campus disorder.
Among the tweaks approved by the board is a note outlining that the college CEO or a designee can enforce appropriate disciplinary action of anyone who fails to comply with procedures.
"The new section explains that whenever speech or other activity rises to the level of harassment or discrimination or creates a hostile environment that injures or violates Title VI or Title IX, that puts an obligation on the college to act to protect your students and your employees from that kind of speech," Rivera said.
Regent David Loeb commended staff for "balancing" free speech and protecting students and staff.
"I think you did a great job of balancing that issue and making this larger than any one group," Loeb said to Rivera.
Rivera also noted that Del Mar College hosted a "free speech day" in 2022 with discussions on campus speech, freedom of the press and protecting faculty speech.
"That shows you Del Mar College cares about free speech," Rivera said.
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This article originally appeared on Corpus Christi Caller Times: Del Mar College updates free speech policy to comply with governor's order for colleges
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