1.25 Expressive Activities and Assembly

Last Revised:May 17, 2013

Refer Questions to: Director, Public Safety

Scope

This policy applies to faculty, teachers, staff, students, and visitors and to all offices and divisions of Gallaudet University.

Rationale:

In order to carry on its work of teaching, research, and public service, Gallaudet University has an obligation to maintain conditions under which the work of the University can go forward freely, in accordance with the highest standards of quality, institutional integrity, and freedom of expression, with full recognition by all concerned of the rights and privileges, as well as responsibilities, of those who comprise the University community. As a private institution, Gallaudet University reserves the right to define what activities are permitted on University property including, but not limited to, expressive activities and/or assembly.

Policy

Expressive activities and/or assembly on the campus of Gallaudet University must not interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property, nor may they interfere with the University’s obligation to protect the rights of all to teach, study, and freely exchange ideas. Gallaudet University is committed to balancing the rights of individuals to free expression and advocacy with the rights of others in the effective use of University facilities and the University’s responsibilities as an educational institution.

All individuals on University owned and operated properties or in attendance at an official University function assume an obligation to conduct themselves in a manner compatible with the University’s responsibilities as an educational institution. This means that all persons are responsible for complying with applicable University policies, including but not limited to the listed prohibitions.

No person on University property or at official University functions may:

1. block entrances to or otherwise interfere with the free flow of traffic into and out of campus buildings;
2. have unauthorized entry to, possession of, receipt of, or use of any University services, equipment, resources, or properties, including the University’s name, insignia, or seal;
3. engage in physical abuse including but not limited to sexual assault, sex offenses, and other physical assault, threats of violence, or other conduct that threatens the health or safety of any person;
4. obstruct or disrupt teaching, research, administration, disciplinary procedures, or other University operations and activities;
5. engage in the production of amplified or non-amplified sound that disrupts campus activities;
6. engage in the production of visual distraction that interferes with or disrupts campus activities including but not limited to offensive signage, temporary structures, and use of lights and lasers;
7. exhibit disorderly or lewd conduct;
8. participate in a disturbance of the peace or unlawful assembly;
9. unlawfully manufacture, distribute, dispense, possess, use, or sell, or attempt to unlawfully manufacture, distribute, dispense, possess, use, or sell controlled substances, identified in federal law and the Student Code of Conduct;
10. manufacture, distribute, dispense, possess, use, or sell, or attempt to manufacture, distribute, dispense, possess, use, or sell alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations;
11. possess, use, store, or manufacture explosives, firebombs, or other destructive devices;
12. possess, use, store, or manufacture a firearm or other weapon;
13. engage in the theft of, conversion of, damage or destruction of any property of the University, or any property of others while on University premises, or possession of any property when the individual had knowledge or reasonably should have had knowledge that it was stolen;
14. fail to comply with the directions of a University official or other public official acting in the performance of his or her duties while on University property or at official University functions; or resisting or obstructing such University or other public officials in the performance of or the attempt to perform their duties;
15. camp or lodge on University property other than in authorized facilities;
16. climb up or repel down any tree, building, or structure on University property;
17. participate in indecent exposure or public nudity on University property, this prohibition does not apply to appropriate visual or performing arts productions, or academic programs or classes scheduled or sponsored by campus academic units or departments as determined by the departmental chair or unit director.

The University acknowledges and respects the rights of members of the University community as individuals to engage in personal political activity. However, when using University facilities, members of the University community must keep their personal political activity separate from their institutional role and from University activities. Personal political activity should not be engaged in in such a manner as to incorrectly represent University support or endorsement. University funds, equipment and information technology resources, instructional programs, or other resources may not be used for any political activity not endorsed by the University.

The University acknowledges that faculty, staff, and employees may wish to participate in expressive activities and/or assembly in which they may do so as long as their participation does not interfere with or prevent the execution of their assigned job responsibilities and obligations to the University and does not interfere with others executing their assigned job responsibilities. No faculty, staff, and employees may require and/or coerce students to participate in expressive activities and/or assembly. Nor many any member of the University community put undue pressure, use intimidation tactics, harass, or coerce other faculty, staff, or students to participate in expressive activities and/or assembly.

The Gallaudet Mall and the front lawn of the University campus are the designated areas for expressive activities and assembly. Use of these outdoor areas may be limited when such use interferes with the orderly conduct of University business or conflicts with authorized University events.

Use of the steps in front of Chapel Hall or any other campus space, or any event requiring/requesting sound amplification, must be reserved and approved.

The use of sound amplification equipment or visual displays for functions or events that are not officially authorized by the University is not permitted. Acoustic or ambient sound, such as that generated through musical instruments may be limited when such use interferes with the orderly conduct of University business or authorized events. If the use of sound amplification equipment or visual displays in the designated areas of public expression is desired, prior permission must be obtained.

House One is primarily a personal residence; the use of House One is limited to the residence of the President’s family and guests and the venue for periodic special University events hosted by the President. It is not open to the public, and is accessible by invitation only. The building, its driveway, and its surrounding lawn are not a designated area for public expression.

Prior permission must be obtained by both campus constituents and guests prior to the use of and placement of any display materials, including but not limited to tables/chairs, banners, signage, or any other display materials. Materials that do not conform to published policies and procedures will be removed and discarded by University staff at their discretion.

The University reserves the right to implement necessary preventive measures to protect the University community, operations, and property if an expressive activity and/or assembly does not adhere to established policy and procedures; this includes the right to reject or cancel an expressive activity and/or assembly at any time and the right to disperse a disruptive expressive activity and/or assembly.

Approved by: Gallaudet University Board of Trustees

Definitions

Gallaudet Mall — The open space enclosed by the Hall Memorial building to the north, the Sorenson Language and Communication Center, Student Academic Center, Ely Center, and Kendall Hall to the east, Chapel Hall and Fowler Hall to the south, and College Hall, Edward Miner Gallaudet Building, Peet Hall, and LLRH6 to the west.

University front lawn — The open space bordered by the property fence lining Florida Ave NE on south, the Gate House entrance to the west, Lincoln Circle to the north, and the main 8^th Street entrance to the east.

Public expression — Events and activities for advocacy, information sharing, celebration, and the like, including, but not limited to, peaceful assemblies, rallies, demonstrations, and marches.

Display material(s) — Banners, signage, tables, and other forms of materials for display.

Note: The University of California, Berkeley Regulations Concerning Public Expression served as a framework in the development of this document; this was done with permission from UC Berkeley.