Interim Expressive Activity Policy

Adopted 9-28-2020

Pursuant to Article VIII of the Michigan Constitution of 1963, Saginaw Valley State University (“the University”) has the responsibility to serve as a public institution of higher education. To carry out this Constitutional mandate, the University owns and/or controls property and facilities. The University has established the following Expressive Activity on Campus policy to ensure the University’s educational mission is actualized, while allowing for the exchange of ideas. 

This policy applies to all buildings, grounds, and other spaces owned or controlled by the University. 

For purposes of this policy, the term "Expressive Activity" includes: 

• Meetings and other group activities of students and student organizations;   
• Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, and outside groups invited by student organizations; 
• Distributions of literature, such as leafleting and pamphleting; and 
• Any other expression protected by the First Amendment to the U.S. Constitution. 

University property is primarily dedicated to academic, student life and administrative functions. But it also represents the "marketplace of ideas," and especially for students, many areas of campus represent a public forum for speech and other Expressive Activities. For students and registered student organizations, certain areas of campus are venues for free expression, including speeches, demonstrations, and the distribution of literature, as provided by this policy. 

The University shall not consider the content or viewpoint of the Expressive Activity or the possible reaction to that Expressive Activity in applying this policy. The University shall not impose restrictions on students, student organizations, or university employees due to the content or viewpoint of their Expressive Activity or the possible reaction to that Expressive Activity. In the event that other persons react negatively to a student's, registered student organization's, or university employee's Expressive Activity, the University (including representatives from University Police Department) shall take all necessary steps to ensure public safety while allowing the Expressive Activity to continue, unless the University’s operations are materially and substantially disrupted. 

No Expressive Activity shall be permitted to violate or hinder the rights of others within the campus community. 

The University does not assume any obligation or responsibility for the content of the materials distributed. 

PROCEDURES 

A. General Rules 

Subject to the additional rules set forth herein, Expressive Activities are allowed on University property within the following parameters: 

1. The Expressive Activity does not block access to campus buildings and does not impede ingress or egress to the University, any University property, parking lot, building, facility, or event (generally a minimum of 25 feet). 
2. The Expressive Activity takes place at least 50 feet from buildings or in designated areas. 
3. The Expressive Activity does not obstruct vehicular or pedestrian traffic. 
4. The Expressive Activity does not constitute unlawful activity. 
5. The Expressive Activity does not create a clear and present threat to public safety. 
6. The Expressive Activity does not take place in a location that has already been reserved by the University, a registered student organization, or an outside organization. 
7. The Expressive Activity does not cause disruption through the use of amplification devices. 
8. The Expressive Activity does not include posting materials on University property, except as provided by the University Posting Guidelines (Student Code of Conduct 1.4e). 
9. The Expressive Activity does not include soliciting or accepting donations, except as provided in this policy. 
10. Distribution of printed materials must be done in person. 
11. Individuals and/or groups engaged in Expressive Activity are responsible for picking up any printed materials dropped on the ground around the areas of distribution. The University may charge such individuals and/or groups a reasonable clean up fee if they fail to do so. 
12. Parking lots are not designated or suitable for Expressive Activities, and windshield flyers are not permitted. 
13. Individuals and/or groups engaging in Expressive Activity are responsible for preserving and maintaining the facility and agree to pay for any damage they cause to University property. 
14. For University employees, the Expressive Activity addresses a matter of public concern. 
15. The Expressive Activity does not violate the Michigan Campaign Finance Act.  

This policy shall not apply to any person or organizations desiring to sell merchandise or services on campus. Any person or organization desiring to sell merchandise or services on campus should contact the Conference Center at 989-964-4348. Registered Student Organizations are allowed additional fundraising privileges, and must comply with the Revenue Producing Projects for SVSU Student Groups policy, SVSU Operations Manual Policy 7.2-3 

B. Outdoor Locations

For outdoor University areas, students, registered student organizations, and employees may freely engage in spontaneous Expressive Activities provided that such activities are in compliance with all other provisions of this policy.  Students and registered student organizations may reserve outdoor University facilities to solicit and accept donations for charitable causes or to engage in other Expressive Activities. All other individuals and organizations may use outdoor University areas as set forth in Section D, below. 

C. Indoor Locations

For indoor University facilities and areas, students, registered student organizations, and University employees may freely engage in spontaneous Expressive Activities in areas identified by the Office of Student Life and The Conference Center.  The Expressive Activities must comply with all other provisions of this policy. 

D. Reserving Campus Facilities

1. If students, registered student organizations, or University employees wish to reserve indoor or outdoor campus facilities, they shall submit their application for reservation to The Conference Center at SVSU/25-Live Events Scheduling System at least two weeks prior to the reservation date. The University will respond to the reservation application in accordance with the Facilities Use Policy 3.1-1.  
2. If individuals or organizations who are not members of the University community (i.e., not students, student organizations, or University employees) wish to use campus facilities for Expressive Activities, they may use the paved area surrounding the Julia Stacey Edwards Bell Tower.  Use of this space is free of charge and may be reserved by contacting the Conference Center at (989) 964-4348.  A reservation for use of the space will take precedence over a spontaneous Expressive Activity.  Expressive Activities in this area must follow the General Rules provided herein. 
3. Reservation requests will be processed and granted on a first-come, first-served basis. These requests may be denied for the following reasons only: 
   • The requested venue is an indoor facility and the request conflicts with any other provision of this or another University policy; 
   • The venue is already reserved (1);
   • The activity will attract a crowd larger than the venue can safely contain;
   • The activity is a clear and present threat to public safety, according to the university's police department;
   • The activity will occur during college examination periods and other blackout dates noted in the 25-Live Events Scheduling System; or
   • The activity is unlawful.

 See also: COVID-19 Visitor Policy and COVID-19 Conference Center Scheduling Policy

(1) In the event that multiple individuals or organizations submit conflicting reservation requests, the following order of precedence shall govern: (1) official University activities and events; (2) registered student organization activities and events; (3) student activities and events; and (4) all other activities and events.