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A new Office of Residential Life policy addressing public displays in
residence halls will go into effect this fall, potentially affecting
students with flags, posters and pictures hanging in windows or on the doors
of their dormitory rooms.

According to a draft that Office of Student Judicial Affairs assistant
director Mark Foster sent to Byrd Hall professor-in-residence Byron Rush
White, the new policy prohibits displays that are "inconsistent with
accepted standards or University policies."

Examples of prohibited displays include nude pictures or photographs and
anything considered "harassing or intimidating." The draft of the policy
maintains that while First Amendment rights of expression for students will
remain intact, they are encouraged to exercise those rights responsibly. . .
.

Last week, students living in Byrd Hall, home to the Mallet Assembly, said
Res Life officials told them to remove a Confederate flag hanging in the
dormitory's second-floor hallway in accordance with the new policy. . . .

"They were citing an impending rule that would be in effect this fall,"
White said. "We refused based on First Amendment rights, and a day later
Residential Life dropped the issue."

White said he does not believe the rule is a result of the incident at Byrd
Hall.

"It seems that the root cause is most likely the flags and other displays in
the windows at [Mary] Burke Hall," White said. "However, this incident did
tip the University's hand as far as the new rule was concerned." . . .

[Foster] said Res Life assistant director Allan Guenther and other UA
officials will review and revise the initial draft.

"What flavor the policy has is still being determined," Foster said.

White said he believes the Byrd incident reflects how the University will
enforce the new policy.

"The incident at Mallet shows us how Residential Life plans to use this
rule," he said. "Someone complains, whatever is complained about is declared
offensive and the owner must take the display down or face punishment."

Foster said violators of the new rule will be punished under the Res Life
Code of Conduct. First-time offenders will receive a fine or service-based
punishment. Repeat offenders will be charged under Section 4, Article III of
the Student Code of Conduct, which states that a violation of published UA
policies, such as the Res Life Code of Conduct, is subject to disciplinary
sanctions. . . .

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