No rights are more highly regarded at the GSW than the First Amendment guarantees of freedom of speech and expression, and the right to assemble peaceably. Such opportunities must be equitable and adhere to the basic principle of the University's position of neutrality to the content and viewpoint of any expression. In order to achieve this objective, while at the same time fulfilling its educational mission, the University may regulate the time, place, and manner of expression as outlined in this policy. These regulations are intended to facilitate expressive activity protected by the First Amendment, while avoiding undue disruption of University activities, protecting and preserving University property, and providing a safe campus environment for all members of the University community and for individuals engaged in expressive activity.
This Policy does:
This Policy does not:
Definitions
A. General
In general, only outdoor, publicly accessible areas of campus may be used by members of the University Community for expressive activity covered by this Policy. Subject to the conditions of this Policy, including but not limited to the reservation process contained in Section B, below, members of the University Community may engage in expressive activity in any outdoor, publicly accessible area of campus. In addition, members of the University Community may engage in expressive activity in the Designated Forums in accordance with Section E, or in spontaneous expressive activity in accordance with Section D, in each case, without a reservation.
B. Reserving Campus Locations for Expression
Any member of the University Community who engages in expressive activity not covered by Sections C or D at a campus location must submit a request for reservation of that location. A request for reservation must be submitted to the Director of Residential and Campus Life, or designee, at least forty-eight (48) hours in advance (not counting weekends and holidays) of the start of the planned activity. A request for reservation must include the following information:
C. Reservation requests will be processed on a first-come, first-served basis, but in the event that multiple requests conflict, the following order of precedence shall govern:
D. The Director of Residential and Campus Life, or designee, will issue a reservation confirmation for the requested location within one (1) business day of its submission, or sooner if possible. The request for reservation may be denied only if: (i) the request fails to comply with the time, place, and manner regulations set forth in Section G, below, (ii) the reservation form is not fully completed, or (iii) the University determines that the individual or organization making the request is doing so on behalf of a third party otherwise not permitted to make such reservation request themselves (known as “fronting”).
In the event of a denial, the reason for the denial shall be provided to the member of the University Community who submitted the request. A denied request may be appealed to the Executive Vice President for Student Engagement and Success (EVPSES) on the grounds that the denial was not in compliance with this Policy. The EVPSES shall respond to the appeal within three (3) business days. The decision of the EVPSES is final at the institutional level.
E. Expressive Activity in the Designated Forums
Designated Forums are centrally-located, highly-trafficked areas that are particularly well-suited for expressive activity, including speeches and demonstrations. Members of the University Community may use a Designated Forum location to engage in expressive activity between 8:00 am and 10:00 pm, Monday through Friday, provided that such Designated Forum has not already been reserved for the time in question, including by a Non-University Affiliated Speaker.
Although members of the University Community are not required to request a reservation for use of Designated Forums for the purposes of expression, the University encourages all parties to notify the Director of Residential and Campus Life for scheduling purposes in order to minimize reservation conflicts and best accommodate all interested users. Expressive activity within a Designated Forum must comply with the time, place, and manner regulations set forth in Section G, below.
Groups of 30 or more persons wishing to gather in a Designated Forum to engage in expressive activity at times other than between 8:00 am and 10:00 pm, Monday through Friday, are required to provide notice by calling the Director of Residential and Campus Life and Campus Safety.
F. Spontaneous Expressive Activity
Members of the University Community may engage in spontaneous expressive activity without a reservation, provided that the spontaneous expressive activity:
G. Time, Place, and Manner Regulations
H. Expressive Activity by Non-University Affiliated Speakers
The Designated Forums. Non-University Affiliated Speakers are permitted access to the Designated Forums between the hours of 8:00 am and 10:00 pm, Monday through Friday, subject to the following requirements:
I. Expressive Activity not otherwise Permitted on the University Campus
Non-University Affiliated Speakers are not permitted access to the campus grounds for purposes of expressive activity, except in the Designated Forums as outlined in Section E above.
J. Additional Provisions Applicable to all Expressive Activities Covered by this Policy
Distribution of Written Material, Non-commercial pamphlets, handbills, circulars, newspapers, magazines and other written materials may be distributed only on a person-to-person basis in outdoor, publicly accessible areas of campus. The Campus Solicitation Policy covers the distribution of commercial materials and publications.
K. Promotion of Event
If a member of the University Community is sponsoring an event and wishes to advertise or promote such event, any materials advertising or promoting such event shall clearly indicate on such materials the identity of the member of the University Community (whether an individual or an organization) sponsoring the event, such that it is clear who is responsible for the event.
L. Other Applicable Laws, Regulations, and Policies. Members of the University Community and Non-University Affiliated Speakers engaging in expressive activity covered by this Policy are required to comply with the provisions of this Policy in every applicable respect, as well as with other applicable GSW policies, federal, state, and local law, including directives and orders from federal and state governments, law enforcement agencies, and public health authorities. Non-compliance with this Policy, other University policies, and/or applicable law could result in consequences ranging from the revocation of privileges under this Policy, including the cancellation of future existing reservations and/or restrictions on the ability to reserve access in the Designated Forums, sanctioning through the Student Code of Conduct (for students), employee disciplinary action, and/or arrest.
M. Responsibility for Damages
Activity that results in damage or destruction of property owned or operated by the University or property belonging to members of the University Community is prohibited. Persons or organizations causing such damage may be held financially responsible, in addition to possible consequences under other applicable policies, such as the Student Code of Conduct.
N. Disposal of Materials Associated with Event
Persons or organizations responsible for an expressive activity covered under this Policy must remove all materials associated with the expressive activity, including signs and litter, from the area at the end of the event. If this is not accomplished, persons or organizations responsible for the event will be held financially responsible. Any items left behind or unattended (including memorials) may be removed by the University at the conclusion of the event, and the University assumes no responsibility for the safety and care of such materials.
M. Content-Neutrality
When processing a reservation request or when informed of spontaneous expressive activities conducted in compliance with this Policy, University personnel shall not consider the content or viewpoint of the expression or the possible reaction to that expression other than as permitted by law. University personnel may not impose restrictions on individuals or organizations engaged in expressive activities due to the content or viewpoint of their expression or the possible reaction to that expression other than as permitted by law.
O. Public Safety Considerations
Updated 8/11/2021