Policy Guidelines for Freedom of Speech and Expression
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I. Purpose and Definitions
II. Commercial Solicitation Guidelines
In order to promote an educational rather than commercial atmosphere, to promote safety
and security, and to prevent commercial exploitation of students on College Campuses,
Commercial Solicitation on College property is prohibited except as authorized by
these Guidelines or other College Policy.
Any exceptions must be approved by the Executive Director of Facilities Operations in writing. Exceptions are normally limited to published class registration periods and recruiters seeking College students for employment or transfer to other educational institutions. To the extent an exception is sought and approved under these Guidelines, the procedures and rules for obtaining Permits for Planned Expressive Activities shall also apply to the Commercial Solicitation.
III. Planned Expressive Activity Guidelines
A. It shall be a violation of these Guidelines to engage in a Planned Expressive Activity on College Grounds without a Permit.
B. Requests to schedule a Planned Expressive Activity on any College Campus shall be made to the Executive Director of Facilities Operations (or designee), who will communicate with staff on the Campus being requested for use.
C. Requests must be made in writing, on a Planned Expressive Activity Permit Request Form supplied by the College, to the Executive Director of Facilities Operations (or designee) during regular business hours at a minimum of 21 business days in advance of the Planned Expressive Activity underlying the request. Requests will be processed and reviewed as administratively feasible.
D. In the event the proposed Planned Expressive Activity will cause the College to incur any additional costs (such as for set-up, additional custodial staffing, security, etc.), the College may assess a fee to cover such costs. If a particular physical space on Campus (such as a room, building or other area) is being reserved for the Planned Expressive Activity, then a rental fee may also be assessed in accordance with the College’s policies for such space’s use. All assessed fees shall be set forth in writing and must paid in full prior to the beginning of the Planned Expressive Activity, by the deadline set and required by the Executive Director of Facilities Operations (or designee). Fees are not refundable unless as set forth in a Permit.
E. In order to ensure the purpose of these Guidelines is satisfied, the Executive Director of Facilities Operations, or designee, has been delegated the authority to approve, modify, or deny an application to schedule Planned Expressive Activity in a manner consistent with these Guidelines. The following factors are among those which shall apply to the Executive Director of Facilities Operations’ authority (or designee) to approve, modify, or deny an application:
F. An approved Permit may set forth conditions for the Planned Expressive Activity, including, but not limited to, a safety plan for the Planned Expressive Activity, which shall be prepared in conjunction with the Chief of Campus Public Safety and shall indicate any necessary security arrangements for crowd monitoring and control.
G. No person or organization shall violate the terms and conditions of a Permit. Violators shall immediately have any ongoing Permit rights revoked and may be charged with trespassing, disturbing the peace, or other violation of law. Violators may also be denied future Permits. Violators who are students or employees may be subject to discipline as deemed appropriate by the College under its policies.
H. If a person or organization is aggrieved by a decision of the Executive Director of Facilities Operations, an appeal may be taken to the Vice Chancellor for Administrative Services within three College business days of that decision. The appeal shall be in writing, stating the basis therefore and the relief sought. The Vice Chancellor for Administrative Services shall review the matter and shall issue a decision no later than seven College business days after the receipt of the appeal. The decision of the Vice Chancellor is final, and there is no further appeal.
I. Individuals or organizations who obtain a Planned Expressive Activity Permit shall be required to pay for any damages that occur as a result of the event.
J. The College reserves the right to require Planned Expressive Activity sponsors to provide either indemnification or insurance sufficient to protect the College, its community, and the public from property damages or personal injury.
K. College reserves the right to modify and/or revoke reservations pursuant to other College activities
IV. Governing Conditions for Expressive Activity
The appropriate Campus Facility Manager, or the Executive Director of Facilities Operations
shall maintain a list of Designated Public Forums within each Campus. The areas so
designated may be modified by the College, from time-to-time. Reasonable time, place,
and manner regulations which are consistent with preservation of the Campus Grounds
and environment, protection of College Official Activities, and protection of the
safety of all users of the College may be enacted by the College through these Guidelines
or via a Permit. Normally, Expressive Activity is limited to areas farther from academic
or administrative operations. Expressive Activities shall not be authorized within
the vicinity of a building or other facility entrance such that the activity interferes
with the ingress and egress of pedestrian or vehicle traffic. Spontaneous Expressive
Activities which are not Planned Expressive Activities or which do not require a Permit
will be reasonably accommodated subject to adequate space and resource availability,
in Open or Designated Public Forums which have not otherwise been reserved.
Current campus locations available for use:
Expressive Activity is not permitted in Limited Public Forums without a Permit (Section III of these Guidelines) or in Non-Public Forums.
Use of the College Campus for any Expressive Activity is subject to the following:
A. Reasonable Time, Place and Manner. To maintain the security, safety, and aesthetic appearance of the College and Campus Grounds, and to provide for regular maintenance, improvements, or alterations, Expressive Activity may not be conducted in a manner or at a time or place that is incompatible or unreasonably interferes with the College’s Official Activities. Generally, Expressive Activity on a College Campus may occur only between the hours of M-Th 8:00 AM and 8:00 PM; F 8:00 – 6:00 PM, excluding planned observances and holiday shut-downs, and shall at no time block any entrance or exit of the buildings, or impede free access to the buildings or parking lots by its students, faculty, employees, occupants, or the public. Exceptions to these timeframes may apply if the Expressive Activity relates to a program or meeting occurring on an applicable Campus outside of these timeframes and where a Permit provides approval. Expressive Activity shall not impede or interfere with College Official Activities or public access to and use of the College grounds. The College reserves the right to deny or stop any Expressive Activity when it determines that that the Expressive Activity interferes with College Official Activities, jeopardizes the safety of any individual or Campus Grounds, or violates any of the conditions under these Guidelines.
B. Expressive Activity Materials. To maintain the security, safety and aesthetic appearance of the College and Campus
Grounds, and to provide for regular maintenance, improvements or alterations of the
Campus Grounds, any Expressive Activity Materials that are placed on any Campus in
connection with Expressive Activity: (1) shall be set forth in the Permit if in connection
with a Planned Expressive Activity; (2) shall be removed daily unless expressly permitted
for overnight use by Permit; (3) shall be free standing and shall not be affixed to
any building, tree, monument, fixture, or other College structure; (4) due to the
presence of underground utility, electrical, and drainage lines, shall not be driven
into the ground, nor shall they be supported in or by any tree, monument, or other
structure affixed to the College Campus Grounds; (5) freestanding structures shall
not be left unattended, i.e., an individual must be stationed within five
feet of freestanding Expressive Activity Material at all times; (6) no sign or documents
shall be larger than 3’ x 3’ unless as authorized by Permit. Materials that are structures
taller than 5’, structures wider than 5’, Materials that, in the aggregate, require
more than 100 square feet of space, or structures that will be utilized for an individual
to stand on (including but not limited to ladders, stages, slides, podiums, tents,
fences, canopies, walls, enclosures, etc.) will require a Permit. Any Expressive Activity
Materials used for amplification, as further described herein, require a Permit; (7)
no Expressive Activity Material shall block the sight lines of drivers entering or
exiting a College Campus or traveling on a public roadway around the College; (8)
shall be in compliance with these Guidelines and other fire and safety guidelines,
including those concerning of pedestrian and vehicular traffic.
Any Expressive Activity Materials that are reasonably dangerous shall be prohibited.
Expressive Activity Materials shall be entirely removed at the conclusion of the Expressive Activity and the area will be cleared of all debris, trash, and Expressive Activity Materials and returned to its original condition. The College reserves the right to bill any individual or organization who fails properly clean up the College Grounds after Expressive Activity for the cost of cleaning
Defacing or damaging the College Campus grounds, facilities or structures, including but not limited to trees, shrubbery, flowers, lawns, sidewalks, parking lots, fences, lighting fixtures, light wells, fire hydrants, benches, statues, monuments, plaques, exterior walls of buildings, surfaces of buildings, entrances, porches, staircases, such subterranean features as are necessary for the maintenance and operation of the College (such as lawn sprinkler systems, sewer and water mains, electrical conduit, etc.), or any other feature is prohibited and subject to disciplines, fines, civil, and criminal liability.
Stepping or climbing upon statues, monuments, sculptures, fences, lighting and other fixtures, light wells, trees, or parts of College buildings not intended for such purposes is prohibited.
Normally, stages, ladders, scaffolds, podiums, tables, chairs and other structures will not be permitted in areas where there is regular pedestrian traffic or unless approved by Permit. A limited number of College provided tables and chairs are available on a first come first serve basis in Designated Public Forums within interior common areas.
C. Reservations of Designated Public Forums. The College shall enable individuals to reserve space on Campus in Designated Public Forum areas. Reservations can be made through the office of the Executive Director of Facilities Operations. Scheduling shall be handled on a first come first served basis and an individual or organization who has reserved space shall take priority in the ability to use space in a Designated Public Forum area.
D. Reasonable Restrictions for Pedestrian and Vehicular Safety. To maintain the safe and unfettered flow of pedestrian and vehicular traffic entering or exiting the College grounds, buildings, and facilities, the Executive Director of Facilities Operations may designate a reasonable radius from designated entrances and exits to those areas, including 100 feet from a building or facility entrance or exit, or 25 feet from a parking lot entrance or exit, wherein Expressive Activity permitted pursuant to these Guidelines shall not take place. Such radius(es), if different than the above radiuses, shall be established in writing. Exceptions to these Guidelines may be approved by the Executive Director of Facilities Operations in writing.
To maintain the safe and unfettered flow of pedestrian traffic on the College grounds, participants provided with a designated space/area/table must remain within 10 feet of the space/area/table designated in their Permit or otherwise while engaging in Expressive Activity.
Unauthorized vehicles are not allowed on the College grounds, except in areas designated for vehicular use and consistent with College regulations and ordinances.
E. No Camping. Camping or sleeping overnight outdoors on any College Campus is prohibited.
F. Alcohol and Other Controlled Substances. Alcoholic beverages or any other controlled substances shall not be possessed, dispensed, or consumed on the College grounds except to the extent specifically permitted pursuant to Board policy or authorized via written Permit.
G. Fireworks. Fireworks, as defined by state law, are prohibited on College Campus unless expressly authorized via Permit.
H. Amplification. Use of any amplification system shall require a Permit. Any individual seeking to use amplification devices, shall also abide by each community’s noise ordinances/laws. Sound amplification permitted areas, shall not unreasonably interfere with or disrupt normal Campus Official Activities. Sound amplification shall only be permitted from 8:00 AM to 8:00 PM, Monday through Thursday, and 8:00 AM to 6:00 PM on Friday when classes are in session, and is prohibited after 8:00 PM on Monday through Thursday, and after 6:00 PM on Friday.
I. Cooking. Cooking on campus grounds is not permitted at any time.
J. Abide by College Policies. Persons engaged in Expressive Activity must comply with all College policies, Campus Rules and Regulations, and local, state, and federal ordinances and statutes, as well as directives from College or public safety officials. This shall include and is not limited to College, local, state, or federal fire and safety regulations.
K. Conflict with Other Policy. These Guidelines do not apply to obtaining facility licenses issued pursuant to other board policy. These Guidelines shall supersede requirements established by individual College units that oversee particular facilities or spaces, unless those requirements are more stringent (and do not relate to the subject matter of these Guidelines), in which case such guidelines or requirements shall additionally apply.
L. Union-Related Expressive Activity. In instances where a labor union wishes to engage in expressive activity, the College’s Executive Director of Facilities and Operations (or designee), the College’s construction manager, or contractor may establish a reserved gate as authorized by law. If there are any conflicts between the terms of these Guidelines and any applicable labor law, the rights under the applicable labor law shall apply.
M. College Disclaimer. Oakland Community College’s name shall not be used in connection with any non-college sponsored organization, business, or person in any manner or medium that implies that the College supports, approves, or endorses any product, service, interest, position, or ideology of that organization, business, or person. The Executive Director of Facilities Operations may require that approved Planned Expressive Activities display the following disclaimer: “This event/activity is not sponsored by Oakland Community College.” The College Campus cannot be used in a manner that would involve the College as endorsing or sponsoring a partisan, political, sectarian, or religious position or candidate for political office.
N. Violations. The College reserves the right to deny Permits to any party with a history of not complying with these Guidelines, not utilizing approved permits, or as otherwise allowed by law. The College also reserves the right to restrict the use of College Grounds and Campuses where an individual or organization has violated these Guidelines. Any individual or organization whose violations of these Guidelines also implicate other College policies shall be subject to all applicable discipline and sanctions for violation of those policies, including, but not limited to the employee and student codes of conduct and policies relating to College students and employees. Any organization or entity whose violation of these Guidelines also constitute violations of law will be subject to all applicable sanctions including but not limited to arrest, prosecution, civil and criminal liability, and penalties.
O. Enforcement. These Guidelines shall be enforced by the College’s Executive Director of Facilities Operations.
P. Amendment to Guidelines. The Vice Chancellor for Administrative Services is permitted to amend these Guidelines and Procedures in accordance with the Board’s Freedom of Speech and Expression Policy. The Vice Chancellor for Administrative Services shall have sole and final authority to interpret these Guidelines and Procedures and the Vice Chancellor for Administrative Services’ interpretation shall be binding.
V. Partisan Endorsement
The OCC campuses may not be used in any manner that would identify or involve OCC,
itself, as endorsing or sponsoring a partisan, political, sectarian, or religious
position, or candidate for pollical office.
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