Use of SVSU Property for Expressive Activity 3.1-6

Details

Category:
Facilities & Property
Authorizing Body:
President - PRES
Responsible Department:
General Counsel
Applies To:

Adopted Date:
12/20/2022
Revised Date:
09/09/2024
Print Policy

Introduction/Purpose:

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 Use of SVSU Property for Expressive Activity to ensure the University's educational mission is actualized, while allowing for the exchange of ideas. This policy applies primarily to outdoor spaces such as all building entrances, grounds, and other spaces owned or controlled by the University.

Definitions:

Expressive Activity: For purposes of this policy, the term "Expressive Activity" means all forms of expression that occur on University property and are covered by the First Amendment to the U.S. Constitution which may include but is not limited to:

Group or individual activities involving meetings, performances, demonstrations, marches, rallies, vigils, and other events by students, student organizations and clubs, faculty, staff, and outside individuals or groups;
Any intended or unintended gathering in connection with a meeting or activity;
Distributions of information, such as leafleting, pamphleting, and graffiti; and
Protests, including, but not limited to, silent protests and counter-protests.

Disruption: Conduct that may limit or prevent the ability of students, faculty, staff, and other visitors to conduct University operations, classwork, programs, events, or residential use of buildings and/or otherwise collides with the rights of others. Disruptive conduct is not protected by the freedom of speech.

Policy:

The University respects the rights of people to peaceably assemble. All members of the University community including students, faculty, staff, alumni, visitors, and external groups are free to express their viewpoints in public forums as private citizens and not in the scope of official duties. Faculty members have additional protections when engaged in core academic functions such as in the classroom, in publications, in reports of research activities, and all other professional and academic forums.

The University will not unreasonably interfere with persons engaged in the lawful exercise of their rights and will work to preserve the peace, protect life, and prevent the destruction of property.

University property is primarily dedicated to academic, student life, and administrative functions and it also represents the "marketplace of ideas,” especially for students. Many areas of campus represent a public forum for speech and other Expressive Activities.

The University shall not consider the content or viewpoint of Expressive Activity or the possible reaction to Expressive Activity in applying this policy. The University shall not impose restrictions on individuals and groups 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 Expressive Activity, the University (including representatives from the University Police Department) will take all necessary steps to ensure public safety and prevent the destruction of property while allowing the Expressive Activity to continue, unless the University's operations are materially and substantially disrupted. The University provides Support Resources (see Section G.) to students, staff, and faculty impacted by Expressive Activity.

The University does not permit Expressive Activity that violates or hinders the rights of others.

The University does not endorse or assume any obligation or responsibility for the content of Expressive Activities.

This policy does not apply to any person or organization 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 (RSOs) are allowed additional fundraising privileges and must comply with the Revenue Producing Projects for SVSU Student Groups 7.2-3 policy (Revenue-Producing Projects, Student Groups 7.2-3).

Procedures:

A. General Rules

Expressive Activities are allowed on University property so long as the activities comply with University policies and procedures, including the following general rules. Expressive Activity must:

Allow a minimum of 25 feet for vehicular and pedestrian access to any University property, parking lot, facility, or event.
Not create a clear and present threat to public safety or constitute unlawful activity.
Not occur in parking lots unless reserved or permitted under other University policies, rules, and guidelines.
Take place at least 50 feet from building entrances and complies with any building-specific policies, rules and guidelines.
Take place in a location that has not already been reserved as stated in Section D, below.
Not cause disruption through the use of amplification devices.
Comply with University procedures on soliciting or accepting donations.
Comply with the Michigan Campaign Finance Act. Examples include, but are not limited to, the following:
1. Campaigning advertisement regulations;
2. Regulations regarding contributions to the campaign; and
3. Regulations regarding the disclosure of Artificial Intelligence for political media.
If activities involve printed materials, the activities must:
1. Comply with the University Posting Guidelines;
2. Be distributed in person;
3. Not be distributed as windshield flyers; and
4. Be picked up when dropped on the ground. The University may charge individuals and/or groups a reasonable clean up fee if they fail to do so.
Adhere to indoor and outdoor University location guidelines which can be found in any of the following policies, including but not limited to: Resident Student Handbook, Facilities Use Policy, and Student Code of Conduct.

Individuals and/or groups engaging in Expressive Activity are responsible for preserving and maintaining the space being used and are responsible for paying for any damage caused to University property as a result of Expressive Activity.

B. Outdoor Locations

For University areas, students, registered student organizations (RSOs), faculty, staff, visitors, and external groups may freely engage in Expressive Activities provided that such activities are in compliance with all other provisions of this policy and other University policies, rules, and guidelines.

C. Indoor Locations

All indoor University facilities and spaces are considered a limited public forum where regulations about time, place, and manner of the Expressive Activity will depend on the intended use of the space.

Examples of the University’s indoor facilities include, but are not limited to, the following:

The Melvin J. Zahnow Library
The Thompson Student Activities Room (TSAR);
Spaces administered by the Conference Center including, but not limited to, classrooms, arenas, and theaters; and
The Athletic Complex and facilities.

D. Reserving Campus Facilities

University students, staff, faculty, and visitors may apply to reserve indoor or outdoor campus facilities and spaces through the Conference Center at (989) 964-4348.
Registered student organizations (RSOs) may apply to reserve indoor or outdoor campus facilities and spaces using SVSU Engage through Student Life.
Expressive Activities in reserved spaces must follow the General Rules (Section A.) above and any rules applicable to the specific space.
Reservation applications should be submitted at least four weeks prior to the reservation date. The reservation cannot be guaranteed with shorter advanced notice. The University will respond to the reservation application in accordance with the Facilities Use Policy 3.1-1
Reservations for use of any space will take precedence over any spontaneous Expressive Activity.
All services requested (room set-up, audiovisual, catering services, temporary structures, etc.) and information regarding the event (speakers, meeting details, etc.) is required when space is scheduled. The information must be updated when additional details are available. For further information, see the Facilities Use Policy.
Reservation requests will be processed and granted on a first-come, first-serve basis. These requests may be denied, altered, or canceled for the following reasons, including but not limited to:
1. If the individual or group who made the reservation provided inaccurate information or if the event goes beyond what was approved by the Conference Center or Office of Student Life;
2. The request conflicts with any other provision of this or another University policy;
3. The venue is already reserved; [1]
4. The activity will attract a crowd larger than the venue can safely contain;
5. The activity is a clear and present threat to public safety, according to law enforcement;
6. The activity will occur during college examination periods and other blackout dates noted in the 25Live events scheduling system; or
7. The activity is potentially unlawful or presents imminent danger including, but not limited to, property damage, assault on an individual, or taking someone else’s property.

E. Counter-Protest Guidelines

Similar to an individual’s right to protest, individuals also have the right to express their dissent in a counter-protest or demonstration. When these occasions arise, the expression and safety of all parties is important. Similar to other Expressive Activities, individuals seeking to counter-protest should reserve a space. Protesters and counter-protesters should maintain a minimum distance of 25 feet from one another to ensure safety and avoid disruption to regular campus activities. Any designated spaces established by law enforcement due to safety concerns must be adhered to.

F. If you have any questions or concerns about Expressive Activity:

All safety concerns should be reported to University Police at (989) 964-4141.
Students with any questions or general concerns should contact Student Life at (989) 964-4170.
All others with questions may contact the Conference Center at (989) 964-4348.
If you feel that you have experienced harassment, discrimination, or a bias related incident, see Section G.

G. Support Resources

If you are seeking support for your mental health and wellness due to an Expressive Activity:
1. University students, staff, and faculty may contact the Mental Health and Wellness Center at (989) 964-7078 or visit their office in Curtiss Hall Room 112. The office’s Crisis Hotline is available 24/7.
2. University staff and faculty may access the Employee Assistance Program (EAP) at (800) 448-8326.
If you feel that you have experienced harassment, discrimination, or a bias related incident resulting from Expressive Activity, you may access the following resources;
- You may seek to report the perceived harassment, discrimination, or a bias related incident by contacting the Office of Diversity Programs at (989) 964-4068, Human Resources at (989) 964-4108, or filing a Campus Climate Incident Report Form.

H. Enforcement

When Expressive Activity occurs outside of the designated hours, or participants did not reserve a space, or when the Expressive Activity occurs in areas not permitted, participants may be asked to relocate in order to remain nondisruptive or to preserve public safety. Failure to comply with relocation and/or continued non-compliance will result in additional enforcement actions.
Failure to comply with this policy may lead to disciplinary action under University procedural guidelines or the University may pursue legal action for criminal offenses.

Footnote:
[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 (RSOs) activities and events; (3) student activities and events; and (4) all other activities and events.