Kutztown University lifted a policy restricting the display of the Confederate Flag and swastika, after legal review deemed the policy unconstitutional.
“The intent of the proposed change was to enhance the comfort levels even more for all students in the residence halls. Ultimately, the rescinding of the policy regarding the symbols is a constitutional issue, which we will abide by,” said Matthew Santos of University Relations.
The original decoration policy stated, “All decorations in common areas in the residence hall and apartments must take into consideration that obscene, distasteful displays which are demeaning to an individual’s or group’s race, ethnic, religious background, and/or gender or ability, will not be permitted and will be removed immediately, at the discretion of Housing and Residential Services. The Confederate flag and swastika are not permitted in any residence hall, suite, and apartment or student room.”
Santos said what prompted the change was that, “Some questions were raised after meetings with campus groups and the revisions were put in place afterward.”
University legal review of the policy deemed the policy unconstitutional. An administrative decision rescinded the restriction and references to any specific content, such as symbols, were removed from the policy.
Santos was not aware if Confederate flags have been displayed on campus, however, he said there have been reports of instances in residence halls.
The adjusted policy was presented to the residence halls on Dec. 7 to be put in effect for the spring semester.
In a Dec. 15 announcement, KU alerted the KU Campus Community of the decoration policy change, “Kutztown University recently announced a proposed change to its housing decoration policy restricting the display of symbols that promote messages inconsistent with the values of the university. Upon learning of the change, university legal counsel asked us to refrain from implementing the policy in order to permit a review for constitutionality. As a result of this review, references to any specific content, such as symbols, will be removed from the policy. The university will educate our students and other members of our community, so they will understand the historical and modern context for these symbols, and we will continue to advocate for an environment wherein all those associated with our university can feel valued and safe.”
