Oct 06, 2024  
2024-2025 Catalog and Student Handbook 
    
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2024-2025 Catalog and Student Handbook

Policy on Expressive Activity

 

Scope

This policy covers free expression on the college campuses. 

Responsibilities

This policy applies to students, student organizations, college employees, the Dean of Students office, and external groups. The Office of the Vice President of Student Affairs and the Dean of Students office are responsible for updating and maintaining this policy.

Definitions

This policy applies to all buildings, grounds and other spaces owned or controlled by the college. The term “expressive activity” includes: 

 

Examples of events and activities covered by this policy include: 

  • Meetings and other group activities of students and student organizations; 

  • Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, outside groups invited by student organizations, and external groups who have a signed rental agreement;

  • Distributions of literature, such as leaflets and pamphlets; and 

  • Any other expression protected by the First Amendment to the U.S. Constitution. 

 

Policy

  1. College property is primarily dedicated to academic, student life and administrative functions, but it also represents a “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities.  The college may place restrictions on expressive activities occurring indoors, but especially for students and student organizations, the outdoor areas of the campuses remain venues for the free expression, including speeches, demonstrations, and the distribution of literature. 

  1. Indoors and outdoors, the college shall not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint.  Nevertheless, the college may establish reasonable time, place, and manner restrictions on expressive activity. Such restrictions must be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information. 

  1. No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations. 

  2. The construction or occupation of a Camping Tent is prohibited.
    1. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings.  Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.” 
    2. A “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles. 
    3. All tents require advance approval through the facility use approval process.  Only Event Tents shall be permitted to remain on the property overnight.  All other tents of any type must be removed no later than 10:00 p.m.
      1. “Event Tent” is a non-Camping Tent and is not less than 400 square feet or a tent that requires skilled or professional installation and removal.
        1. Event Tents must comply with 10.11 Use of College Equipment & Facilities, as well as CPSM 4.20.3.3 Temporary Structures.
        2. Event Tents may not be occupied or used during the hours of 10:00 p.m. and 7:00 a.m.
    4. Camping is prohibited on property owned, leased, or operated by the college, Virginia Community College System, or their foundations. 
      1. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
      2. “Camping” does not include the use of college, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a college, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture on college, VCCS, or foundation owned property for recreation or studying activities outdoors during the hours of 7:00 a.m. - 10:00 p.m. 
    5. These prohibitions shall not apply to the college, the Virginia Community College System Office, or the college or System foundations or to Non-Camping Tents erected for their use.   

    6. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.

Procedures

  1. Reserving College Facilities
    1. All events must have an institution-affiliated sponsor or be pursuant to a signed facility use and/or rental agreement with an external third-party user that obligates the third-party user to comply with the college’s use rules. Both institution-affiliated and external third-party users must designate someone onsite or immediately available throughout the event who is responsible for ensuring compliance with use rules.
    2. An advance reservation process with a written agreement is required.  The agreement must include specified times and identified locations for the reserved use.  Such reservation must include an agreement to follow college facility use rules and to comply with all federal, state, and local laws. The reserving individual must acknowledge these obligations and agree to comply.
    3. Groups and individuals participating in the facility use activities are accountable for compliance with the provisions of this policy. Violations of this policy may be grounds for disciplinary action against students and employees.  Violations of this policy also constitute grounds for revocation of the user’s facility use permit.  Individuals or groups who invite non-college participants may be held accountable for such participants’ compliance with this policy.
    4. Individuals and organizations who are not members of the college community (i.e., neither students, student organizations, nor college employees) desiring to reserve college facilities must be sponsored by a recognized student organization or the college in order to conduct expressive activities or events on college campuses.  The student organization must be involved in the planning and execution of any activity or event and will be held responsible for any violations of policies, procedures, or guidelines committed by the external individuals, group, or organization.
    5. The college has designated administrative offices, libraries, laboratories, and classrooms (during instructional hours) as areas that are not available for expressive activity. 
    6. Students, student organizations, and college employees may request to reserve campus facilities on a first-come, first-serve basis.  Such requests may be denied for the following reasons:
      • The requested venue is an indoor facility that the college has designated as not available for expressive activity under section 3 of this policy;
      • The requested venue is an indoor facility and the request conflicts with restrictions enacted pursuant to section 3 of this policy;
      • The venue is already reserved for another event;1
      • The activity will attract a crowd larger than the venue can safely contain;
      • The activity will substantially disrupt another event being held at a neighboring venue;2
      • The activity will substantially disrupt college operations (including classes);
      • The activity is a clear and present threat to public safety;
      • The activity will occur during college final examination periods; or
      • The activity is unlawful.
    7. During the event, the student, student organization, or college employee requesting the reservation is responsible for preserving and maintaining the reserved facility.  If the event or activity results in any damages to the reserved facility, the person(s) or organization (and its officers, if applicable) shall assume responsibility.
    8. When assessing a request to reserve campus facilities, the college and its administrators must not consider the content or viewpoint of the expression or the possible reaction to said expression. The college and its administrators may not impose restrictions on students, student organizations, or college employees due to the content or viewpoint of their expressin or the possible reaction to that expression. In the event that other persons react negatively to a student’s, student organizations, or college employee’s expression, college officials (including college security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.
    Spontaneous Expressive Activity
    1. The college is not required to designate any indoor area as available for spontaneous expressive activities.  In the event that the college elects to do so, college officials shall prominently post the areas in which students, student organizations, and their sponsored guests may engage in spontaneous expressive activities.  Any areas so designated must: (a) apply equally to all students and student organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression. 
    2. For outdoor campus facilities and areas, students, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not: (a) block access to campus buildings, (b) obstruct vehicular or pedestrian traffic, (c) substantially disrupt previously scheduled campus events,3 (d) substantially disrupt college operations, (e) constitute unlawful activity, or (f) create a clear and present threat to public safety.
    3. No college personnel may impose restrictions on students, student organizations, or their sponsored guests who are engaging in spontaneous expressive activities due to the content or viewpoint of their expression or the possible reaction to that expression.  In the event that other persons react negatively to these activities, college officials (including security shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

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

2The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.

3The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.