Policy on Expressive Activity

Policy

This policy applies to all buildings, grounds and other spaces owned or controlled by John Tyler Community College.

Examples of events and activities covered by this policy include:

Meetings and other group activities of 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 leaflets and pamphlets; and
Any other expression protected by the First Amendment to the U.S. Constitution.

Policy Statement

College property is primarily dedicated to academic, student life and administrative functions. The College also represents a marketplace of ideas, and especially for students, many areas on its campuses represent public forums 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.

Indoors and outdoors, the College shall not interfere with the rights of individuals and groups to 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, providing such restrictions are content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information. Free inquiries, expressions and assemblies are guaranteed to all students and employees provided no event or expressive activity shall be conducted in such a manner or at such a time or place as to violate or hinder the rights of others within the campus community or substantially disrupt normal College operations.

Procedures

Reserving College Facilities
1. If students, student organizations, or College employees desire to reserve campus facilities, they shall submit their requests at least three (3) business days in advance to the Office of Student Activities. Note: for events and activities of more than twenty-five individuals more notice may be required to allow for sufficient logistical support and to ensure the safety and security of the College.
2. 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
3. The College has designated administrative offices, libraries, laboratories, and (during instructional hours) classrooms as areas that are not available for expressive activity.
4. 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:
  1. The requested venue is an indoor facility that the College has designated as not available for expressive activity under section 19.16.4.3 of this policy;
  2. The requested venue is an indoor facility and the request conflicts with restrictions enacted pursuant to 19.16.4.3 of his policy;
  3. The venue is already reserved for another event;
  4. The activity will attract a crowd larger than the venue can safely contain;
  5. The activity will substantially disrupt another event being held at a neighboring venue;
  6. The activity will substantially disrupt College operations (including classes);
  7. The activity is a clear and present threat to public safety, according to the College’s Security Department;
  8. The activity will occur during College examination periods; or
  9. The activity is unlawful.
5. 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.
6. When assessing a request to reserve campus facilities, the College and its administrators will not consider the content or viewpoint of the expression or the possible reaction to said expression. The College and its administrators will not impose restrictions on students, student organizations, or College employees 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 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.
7. Students, recognized student organizations, and College employees receive a 100% discount on rental fees for the use of rooms or facilities and equipment unless (a) the organization is charging admission fees, (b) vendors are charged to participate in the event, (c) the majority of attendees are not John Tyler students, faculty, or staff, or (d) the primary purpose of the activity or event is commercial or unrelated to the educational mission of the College.
8. In 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.
Spontaneous Expressive Activity
1. Students, student organizations, and College employees have the right to engage in unscheduled or spontaneous expressive outdoor events and 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, (d) substantially disrupt College operations, (e) constitute unlawful activity, or (f ) create a clear and present threat to public safety, according to the College’s Security Department.
2. College personnel may not 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 College Security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.
3. The expression of competing viewpoints or multiple speakers in proximity to each other does not, in and of itself, constitute a substantial disruption.