Use of College Property for Free Speech and Expressive Activity (Procedure 6.0700)
|Authority:||1st Amendment, U.S. Constitution; Article 1, Section 4, Florida Constitution; F.S. 1001.64; 1004.65; 1004.097|
|Date of Revision(s):||10/2019|
The College expects persons or groups using College property for expressive activities to be mature and responsible citizens at all times and in all places. They are expected to respect the rights and welfare of other members of the College community, including faculty, staff, students and other guests of the College. The process outlined in this procedure applies to any use of College property for purposes of expressive activity. Expressive activities include but are not limited to verbal speech and written materials, and is further defined by law.
Persons and/or groups using College property for expressive activities are expected to assume full responsibility and will be held accountable for their individual or collective actions.
The Director of Campus Safety and Security is responsible for administering this procedure. Persons or groups desiring to engage in expressive activities on College property should contact the Director of Campus Safety and Security or designee well in advance of the date desired for their activities. After meeting with the Director of Campus Safety and Security or designee and being informed of the College’s reasonable, content-neutral restrictions regarding the time, place, and manner of the proposed activity, the persons or groups will be issued a pass so that they may conduct their activities without materially and substantially disrupting the functioning of the College or infringing upon the rights of other individuals or organizations to engage in expressive activities . A separate pass may be provided for each College location. Expressive activities may be held without prior permission, and may be done freely, spontaneously and contemporaneously, however all expressive activities are subject to applicable law and to reasonable time, place and manner restrictions as set forth herein.
- Conduct or activities that are materially and substantially disruptive of College functions, interfere with the rights of other individuals or organizations to engage in expressive activities, impede access to the campus, or constitute unlawful behavior under the Laws of Florida, the United States or local government units are strictly prohibited and will not be tolerated. Persons or groups engaging in any such activities will be asked to cease and desist from the activity or conduct. Failure to adhere to this request will result in the persons or groups being required to leave the campus and suspend all activities.
- Engaging in unlawful activity or refusing to leave the campus when requested will result in the College requesting the help of local law enforcement.
- Any determination of violation of these requirements will, in the first instance, be made by the Director of Campus Safety and Security, the President of the College, or one of their designees, who is authorized to monitor the activities on College property to ensure they meet the requirements of this procedure. The Director of Campus Safety and Security, the President of the College, or one of their designees may also make the initial determination to involve local law enforcement.
- Should behavior in violation of this procedure be caused by a student or students at the College, they will additionally be subject to disciplinary action as set forth in the Student Code of Conduct (College Procedure 3.0900).
- Failure to contact the Director of Campus Safety and Security or designee in advance to make suitable arrangements for engaging in expressive activities shall result in the refusal by the College to provide any College resources (tables, chairs, etc.) until the persons or groups adhere to the requirements set forth herein.
- If it comes to the attention of the Director of Campus Safety and Security, the President, or one of their designees that persons or groups are engaging in expressive activities in an outdoor area of Campus without a pass authorizing their presence on campus issued by the Director of Campus Safety and Security, the President, or their designee, the Director of Campus Safety and Security, the President, or their designee should contact the Office of Legal Affairs to help determine whether the proposed activities can proceed lawfully and without materially and substantially disrupting the College’s functioning at that time and place and in that manner or without infringing upon the rights of other individuals or organizations to engage in expressive activities.
- If the decisionmaker determines that the activity is lawful and does not materially and substantially disrupt the functioning of the College, the persons or groups will be permitted to engage in their proposed activities.
- If the decisionmaker determines that the activity is unlawful, or materially and substantially disrupts the functioning of the College, or infringes upon the rights of other individuals or organizations to engage in expressive activities, the persons or groups involved will be asked to alter their conduct in a manner that makes the expressive activity lawful, does not materially or substantially disrupt the functioning of the College, or does not infringe upon the rights of other individuals or organizations to engage in expressive activities. This may include establishing separate areas or minimum distances between groups. If the persons or groups do not alter their conduct, or if the conduct cannot be so altered, then the persons or groups will be asked to leave the campus until a more appropriate time can be arranged for the proposed activity.
- The following restrictions shall apply to any and all expressive activities on Campus:
- Outdoor areas of Campus where expressive activities may not occur include athletic fields or facilities not generally open to the public, or other areas with restricted access for maintenance, operational or safety reasons.
- Students, faculty, visitors or staff may not materially disrupt previously scheduled or reserved activities on Campus.
- Any expressive activity on Campus shall not:
- Obstruct traffic (vehicular, pedestrian, etc.);
- Obstruct entrances or exits to buildings, driveways, parking lots, parking spaces, or other path of traffic;
- Violate any law, rule, regulation, or ordinance, including but not limited to sections 810.095 and 871.01, Florida Statutes;
- Damage College property, including but not limited to grass, trees, shrubs, or other landscaping;
- Utilize sound amplification, whether electronic or not, except as approved in advance in accordance with policy and procedure and within sound limits that will not disrupt normal College operations;
- Utilize placards, banners, or signs that are dangerous or cause an obstruction described in this procedure.
|Recommended by:||Executive Team/CAC||Date||10/22/2019|
|Signed by:||President, Georgia L. Lorenz||Date||10/30/2019|