Policy Guidelines for Freedom of Speech and Expression

  • Procedure Type: Administrative
  • Procedure Title: Policy Guidelines for Freedom of Speech and Expression
  • Procedure Number: NA
  • Office Responsible: Administrative Services
  • Related Policies: Board Policies on Fund Raising Activities; and Use of College Facilities and Services
  • Related Procedures: N/A
  • Related Laws: First Amendment to the U.S. Constitution; Constitution of Michigan of 1963, Art. I section 5
  • HLC Criterion: NA

Procedure Statement

I. Purpose and Definitions

  1. These Guidelines are created in accordance with the Board’s Freedom of Speech and Expression Policy.
  2. Oakland Community College (the “College”) subscribes to the philosophy that an important aspect of the education of college students is the opportunity to listen to, watch, protest, or otherwise participate in various forms of speech or other expressive communication and activities on a wide variety of opinions. Nevertheless, the College’s Campuses are not places of unrestricted public access.
  3. The purpose of these Guidelines is to respect the College community’s rights to free speech and expressive activity while maintaining an atmosphere conducive to learning, the reasonable conduct of public business and administration, maintenance of the College Campuses and Grounds, management of competing uses of available space, unobstructed access to the College and the safety and welfare of the College’s students, faculty, employees, occupants, and the public.
  4. The College may regulate the time, place and manner of free speech, Expressive Activities, and Commercial Solicitation to prevent unreasonable interference with or disruption of the College’s Official Activities or the safety and welfare of the College community.
  5. DEFINITIONS (All words may be used in their singular or plural form)
      1. “Campus” shall mean each and all of the College’s online and physical locations in Auburn Hills, Highland Lakes, Orchard Ridge, Royal Oak, and Southfield.
      2. “College Co-Sponsored Event” refers to a program, conference, seminar, or meeting sponsored by an academic department or administrative office and an external organization, such as professional association in which the College holds membership or maintains a relationship, that benefits the College community and supports its educational mission. Facility rental fees charged may be charged for these events. If event charges registration fees to attendees, a Facilities & Services Agreement must be issued to the outside organization.
        Note – if the external organization plans, registers, and coordinates the majority of the event, the event no longer qualifies as a College Co-Sponsored event per IRS regulations.
      3. “Commercial Solicitation” is defined as a person, group of persons or other entity (a) peddling, selling, purchasing, demonstrating or offering goods and services for sale, gift or purchase, (b) distributing advertising materials, circulars or product samples, (c) or engaging in any other conduct relating to any outside business interests or for profit or personal economic benefit on the College Grounds.
      4. “Designated Public Forum” are areas designated by the College to allow access by the College community or to create limited forums for the discussion of certain topics or subject matter by certain speakers, without discrimination as to content or viewpoint, each at times when the area is not being used for College Official Activities.
      5. “Expressive Activity” is defined as the carrying or displaying of signs or placards, leafleting or other distributions, campaigning, marches, rallies, parades, demonstrations, protests, assemblies, speeches, and circulation of petitions on the College Grounds.
      6. Expressive Activity “Materials” includes and is not limited to equipment, signs, digital signs, pamphlets, leaflets, placards, documents, banners, photographs or structures of any kind that are placed on the College Campus or Grounds in connection with Expressive Activity.
      7. The “Grounds” of the College are defined as all owned or leased lands and buildings of all Campuses of Oakland Community College, including (by way of illustration and not of limitation) the interior corridors, hallways, and rooms as well as the exterior walls and surfaces of the buildings, entrances, porches, outside staircases, sidewalks, parking lots, and all fixtures.
      8. “Limited Public Forum” is a subcategory of Designated Public Forum when the College may open a Non-Public Forum to speech or Expressive Activity concerning defined subject matters for certain groups on certain topics, without discrimination as to content or viewpoint.
      9. “Non-Public Forum” are College buildings, structures, and property on the Campus Grounds that are not designated as spaced open for public communication, speech, or Expressive Activity and are instead reserved for the College’s Official Activities.
      10. “Official Activities” means regularly scheduled academic classes, operations, research, business, administration, and other activities, including special events of the College, which further the College’s educational mission, business, administration, and other legitimate interests.
      11. “Open Public Forum” means streets and sidewalks generally open to the public when the College is open and shall not include interiors of buildings or structures on Campus or spaces designated as Designated Public Forums. 
      12. “Permit” shall mean a physical document executed and provided by the College on a College-created form approving a Planned Expressive Activity or Commercial Solicitation, for which application is required in accordance with these Guidelines.
      13. “Planned Expressive Activity” shall mean any pre-planned or large-scale Expressive Activity and which shall require a Permit. A Planned Expressive Activity shall also include Commercial Solicitation that is approved and permitted to occur on Campus. Planned Expressive Activities are Expressive Activities that may have the following characteristics: (1) are planned in advance; (2) expect over 25 attendees; (3) intend to have an elected official or candidate for governmental office in attendance; (4) seek to utilize a Limited Public Forum; (5) have the potential to impact campus safety, security, services, or functions based on criteria other than the content or viewpoints to be expressed at the event, as determined by the College Unit or Department that oversees the Campus space to be utilized for the Expressive Activity; (6) seek to utilize any form of amplification; (7) seek to utilize any Materials owned by the College; and/or (8) any Expressive Activity that otherwise requires a Permit as set forth under these Guidelines. Planned Expressive Activity does not include spontaneous demonstrations where there is no prior promotion or organization.

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.

  1. These Guidelines apply to students, employees, volunteers, and vendors and other non College individuals as well as entities, organizations, and their representatives. These Guidelines do not prohibit normal activity by authorized or contracted vendor representatives engaging in business with the College as long as they are in compliance with other College policies.
  2. Nothing in these Guidelines shall be deemed to affect the activities of College-sponsored units, departments, groups, or organizations whose activities may include selling or promoting the sale of goods or services, by their members on behalf of the College unit, department, group, or organization exclusively (and not, directly or indirectly, for the benefit of a non-College related party), taking surveys, or sponsoring Planned Expressive Activities.
  3. Commercial Solicitation shall only be approved for an exception where the provision of such goods or services: (1) enhance the mission of the College; (2) are of high quality and offered at a fair and reasonable price; (3) result in a savings to the College or its student body, faculty, and staff; or (4) represent a special convenience to all faculty, staff, students, and other members of the College community. Requests for Commercial Solicitation must be made 21 business days in advance to the Executive Director of Facilities Operations (or designee).
  4. Requests for exception shall be provided in conjunction with any Permit or other documents required under these guidelines for Planned Expressive Activities. The request shall include a complete description of the proposed Commercial Solicitation (including but not limited to any supporting documents requested by the Executive Director of Facilities Operations) and an explanation how the requirements of Section II.D. are met.
  5. Commercial Solicitation activities may not compete with any College programs, units, or commercial enterprises and may not compete with or interfere with any current College contract obligations or agreements unless approved by the Executive Director of Facilities Operations (or designee).
  6. Commercial Solicitation shall be limited to specified areas on Campus, space, days, and times that are approved by the Executive Director of Facilities Operations(or designee) and as set forth on the Permit. The individual approved to conduct Commercial Solicitation activities may be charged a daily fee in addition to any fees required to obtain a Planned Expressive Activity Permit and it must be paid in advance and is not refundable. The amount of the fee is subject to change based on the scope of the Commercial Solicitation activity (size and duration) and the fee rates are subject to change.
  7. A Permit provided by the College to conduct Commercial Solicitation must be immediately available upon request by the College while an individual or entity is conducting the Commercial Solicitation.
  8. The College reserves the right to require any individuals approved to conduct Commercial Solicitation to provide both insurance and indemnification sufficient to protect the College, its community and members of the public from property damage and personal injury. The College further shall require individuals approved to conduct Commercial Solicitation to affirm that they have obtained any and all licenses, permits, etc., as required by local, state, or federal law or ordinance.
  9. Violations of these commercial solicitation guidelines or any College policies by anyone not a member of the College community (i.e., College students, staff and volunteers) may result in removal from College property, as well as limits on or prohibitions of the receipt of future Permits, and violators may be charged with trespassing, disturbing the peace, or other violation of law. Individuals who are members of the College community or other individuals who are determined to have violated these commercial solicitation guidelines or any College policies may be subject to discipline as set forth in the employee and student codes of conduct.
  10. 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.
  11. College reserves the right to modify and/or revoke reservations pursuant to other College activities

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:

    1. Consistent with applicable law, may not take the content or viewpoint of speech or the Expressive Activity to be conducted into consideration;
    2. Will process applications on a first-come, first-served basis, meaning an application may be denied or limited if the requested use would conflict with planned programs organized and conducted by the College, or conflict with a previously granted request under these Guidelines. When required, preference for space use shall be given to College-sponsored groups or organizations.
    3. If the requested use would interfere with a College Official Activity, the safe and unfettered flow of pedestrian or vehicle traffic, the health and safety of the applicant of College community, the integrity of Campus Grounds, or otherwise conflict with the conditions of these Guidelines; and/or
    4. If multiple applicants desire to use a space at times when not all applicants can be accommodated, the College may assign the space on a rotational basis during the course of period at issue, and/or give preferences for the space use in future time slots.

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:

  1. Auburn Hills Campus
    1. between parking lot #5 and building F
    2. open area north of building G
  2. Orchard Ridge Campus
    1. between buildings A and H
    2. between buildings G and M
  3. Royal Oak Campus
    1. sidewalk facing S. Washington Ave
    2. sidewalk facing E. Lincoln Ave
  4. Southfield Campus
    1. sidewalk along Rutland Ave in front of building A
  5. Highland Lakes Campus
    1. Student Center main entrance
    2. Woodland Hall north side entrance by WH 100

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.

Change Log

  • 10-19-2015  Effective
  • 06-20-2023  Revised
  • 04-23-2024  Updated

OCC Logo