*** December 5, 2006 Draft ***

 

FREE EXPRESSION POLICY

 

Protests, Rallies and Demonstrations

Postings and Temporary Displays

 

Northern Kentucky University affirms and supports the concepts of freedom of thought, conscience, inquiry, speech, and lawful assembly. In keeping with these rights, the University affirms that the substance or the nature of the views expressed is not an appropriate basis for any restriction upon or encouragement of a protest, rally, demonstration, poster, flyer, banner or other forms of speech unless prohibited by law. The University acknowledges the institution as a marketplace of ideas within the campus community as a limited public forum and will protect the exercise of the above mentioned freedoms by University community members. This document informs members of the University community on the manner in which they may engage in constitutionally protected speech and expression at Northern Kentucky University.

 

Content Neutral                                                                                                       

 

The content of posters, flyers, handbills, and banners, as well as the intent or message of a temporary display will not be a determining factor in applications or reservations unless the content or nature of the proposed message(s) would be a violation of university policy or federal or state laws.

 

I. Protests, Rallies and Demonstrations

 

In order to (1) facilitate the effective use and enjoyment of the facilities of the campus for the exercise of individual liberties and (2) to minimize conflict between the form of their exercise and the rights and liberties of others in the effective use of University facilities, the following regulations are established:

 

  1. Individuals or groups who desire to use outdoor areas for protests, rallies or demonstrations are strongly encouraged to reserve a specific area(s) in advance to ensure the availability of space. Without a reservation, the University allows outdoor areas to be utilized on a first-come, first-served basis. Protests, rallies or demonstrations whose numbers exceed 50 individuals may represent a reasonable concern for safety, security or reasonable access to campus, and may be restricted in size and to specific locations. Reservation of specific outdoor areas is available through the Dean of Students office. 

 

  1. Planned or spontaneous protests, rallies or demonstrations may be conducted in outdoor areas of the campus provided such events are conducted in a lawful and orderly manner and do not:

 

 

    1. Prohibit or interfere with vehicular or pedestrian traffic.
    2. Interfere with the education of others, scheduled meetings, events, and ceremonies or with other educational processes of the University (i.e. noise volume).
    3. Willfully, negligently or recklessly commit any act likely to create an imminent health or safety hazard.
    4. Interfere with a University event by blocking audience view, making sufficient noise to hamper a speaker or performance from being heard, or perform any other act disruptive to the event,
    5. Violate the rights of others,
    6. Utilize sound amplification equipment without express written permission;
    7. Include expression that is threatening of physical harm, inciteful of imminent lawless action, or vulgar, obscene, or defamatory to the extent not entitled to protection as expression,
    8. Alter the appearance or litter the area.

 

  1. Use of University grounds for the purpose of conducting a demonstration, or protest is allowed, subject to the restrictions contained in section B above, to the following described University organizations, groups, and individuals:
    1. University students, faculty, staff and administrators.
    2. Official alumni groups and similar University-related organizations, departments, and other units of the University.

 

  1. In addition to the restrictions contained in Section B. above, the following regulations pertain to the use of University facilities and areas for the purpose of conducting any protest, rally or demonstration.
    1. The following restricted areas may be utilized on a reservation-only basis:

a.       Intramural fields and other recreational areas.

b.      Athletic facilities.

c.       Parking lots.

d.      Grounds in or around the residential areas of the campus.

 

2.      Prohibited Areas. No protest, rally or demonstration shall take place within or upon the following prohibited areas:

a.       Areas that block ingress or egress to educational facilities used by students, faculty, and staff.

b.      Within any university building or enclosed structure.

c.       Parking garages.

d.      All streets and driveways utilized for vehicular traffic.

 

  1. Use or continued use of the above areas as well as other areas not designated above, for protests, rallies and demonstrations shall be subject to the Rule of Reason (i.e., the judgment that the manner of use of the area is what could be expected of a reasonably prudent person and fulfills the requirements set forth in section I.B).

1.      The responsibility for making such a determination and decision rests with the Dean of Students or his/her designated representative. This decision may be appealed to the Vice President of Student Affairs. If the Dean or his/her designated representative believes that an area or facility is being improperly used or believes the users of the area are in violation of the Free Expression policy, he/she shall:

a.       Warn the offending group or individuals that continued misuse will not be permitted.

b.      Recommend alternative locations.

c.       Instruct the offending individuals or the assembled group to vacate the area.

d.      Cite individuals or groups for violation of University regulations.

e.       Request assistance of law enforcement officials.

f.        Employ a combination of the above-mentioned items.

2.      Failure to comply with the directions of the Dean of Students or the designated representative may result in charges under the Code of Student Rights and Responsibilities. Those failing to comply may be found in violation of the law if so determined by a law enforcement official on the scene.

 

F.      For the purposes of clarification, meetings and events are defined as gatherings of persons in a University location reserved in advance for that purpose. Unless designated as public (or required under state open meetings laws), meetings are considered to be private. Events are considered to be public.

 

G.     Parades and Marches: Where numbers in excess of thirty (30) are involved, authorized organizations, individuals or groups as provided under Section 2 may engage in parades and marches upon University property, provided a designated representative of the sponsoring organization, individuals or group meets with Dean of Students and the Director of Public Safety, or their authorized representatives at least twenty four (24) hours prior to the commencement of the parade or march. This meeting shall be for the purpose of agreeing upon an appropriate route which will not interfere with, impede or otherwise disrupt the normal functions and processes of the University, or otherwise interfere with the rights of others in their effective use of University facilities and property.

 

H.     The use of amplified sound equipment (including bullhorns) in any area of the University campus is restricted to University authorized and scheduled academic or sponsored activities, unless expressly approved in advance by the Dean of Students office.

 

II. Posters, Flyers, Handbills and Banners

 

A.     Posting Eligibility: Any member of the university community is eligible to post materials on campus, hang banners or handout handbills and other literature.

 

B.     Posting Limits: Posters, Flyers and Banners must be date stamped at the University Center Desk.

 

C.     Methods of Posting:  Methods of posting (poster, flyer, handbill, banner), approved areas for posting, and prohibited areas for posting are published by and available through the Dean of Student Affairs office.  Chalking is prohibited.

 

D.     Student Government Elections Postings:  The regulations for posting prior to Student Government Elections are governed by the rules of the Election Board and are available in the Dean of Students and Student Government Association Offices, and must be consistent with the posting policy.

 

E.      Posting Removal:  University community members are responsible for removing their posted notices at the conclusion of the stamped expiration date and for the cleanup of handbills. Violators of this policy will be given one warning by Student Union management or may be charged for the actual cost of cleanup. Further violations may result in suspension of posting privileges.

 

NOTE: Buildings will be periodically inspected. Postings, flyers or banners found in violation of the above policy will be removed and discarded.

 

IV. Temporary Displays

 

A.     Individuals or organizations desiring to display an object or structure on campus must adhere to the following procedures:

1.      Reserve a specific campus location(s) for the display(s) through the office of the Dean of Students. Information on the description (i.e. height, width, depth, stability) of the display and the name of the responsible person or organization.  The decision by the Dean of Students or his/her designee shall be informed by such issues as campus safety, physical plant or construction management projects, procedures and policies, and federal and state law or University policy.

2.      Will be on display one week or less and will not permanently affect structures or campus landscaping.

3.      Displays may be placed in areas of the campus, provided such objects or structures:

a.       Do not prohibit or interfere with vehicular or pedestrian traffic.

b.      Do not interfere with the education of others, scheduled meetings, events, and ceremonies or other educational processes of the University.

c.       Are conducted in conformity with state and federal statutes.

3.      The University is not responsible for the maintenance or security of temporary displays.

 

B.     Temporary displays are defined as the placement of any object that results in a temporary visible change to a campus area. For example:

1.      Outdoor art.

2.      Benches, tables, booths, message boards or other similar objects.

3.      Objects or structures for social, cultural or political causes.

4.      Outdoor signs (banners, yard signs, etc.).

 

C.     This policy does not apply to scheduled art shows or official department or university sponsored educational exhibits which are part of a specific program or on-going educational activity (i.e., regular art show in the gallery, exhibit for Freshfusion, Welcome Week, Homecoming, Black History Month, etc.).

 

 

Updated December 5, 2006