FLA(LOCAL) - STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT EXPRESSION AND USE OF COLLEGE FACILITIES

Note: For expression and use of College District facilities and grounds by employees and employee organizations, see DGC. For expression and use of College District facilities and grounds by the community, including by nonstudents and organizations that are not registered student organizations, see GD.

Distribution of Literature

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the College District shall not be sold, circulated, or distributed on College District premises by any College District student or registered student organization [see FKC], in accordance with this policy and administrative procedures adopted pursuant to this policy.

The College District shall not be responsible for, nor shall the College District endorse, the contents of any materials distributed by students or registered student organizations that is not sponsored by the College District.

This policy shall not apply to materials distributed under the supervision of instructional personnel as a part of instruction or as part of other authorized classroom or College District-sponsored activities. Additionally, nothing in this policy is intended to preclude the exchange of private notes and materials and like items between individuals who have a personal relationship or kinship.

Limitations on Content

Materials shall not be distributed by students or registered student organizations on College District property if:

  1. The materials are obscene.
  2. The materials contain defamatory statements about public figures or others.
  3. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action.
  4. The materials constitute unlawful harassment. [See DIA series and FFD series]
  5. The materials constitute impermissible solicitation. [See FI]
  6. The materials infringe upon intellectual property rights of the College District. [See CT]

Time, Place, and Manner Restrictions

Distribution of the materials shall be conducted in a manner that:

  1. Is not materially disruptive [see FLB];
  2. Does not impede reasonable access to College District facilities;
  3. Does not result in damage to College District property;
  4. Does not include any prolonged or repeated contact with persons who have declined the literature;
  5. Does not cause a substantial invasion of the rights of others; and
  6. Does not violate local, state, or federal laws or College District policies and procedures.

The distributor shall make a reasonable effort to retrieve and remove any materials that were discarded or not distributed.

The Vice Chancellor, Student Services or designee shall designate times, locations, and means by which materials that are appropriate for distribution, as provided in this policy, may be made available or distributed by students or registered student organizations to students or others in College District facilities and in areas that are not considered common outdoor areas.

Administrative procedures adopted pursuant to this policy shall not discriminate based on the content or viewpoint of the literature or on the expected reaction of others to the literature.

Display of Signs

For the purposes of this policy, "sign" shall be defined as a hand-held billboard, decal, notice, placard, poster, banner, or other message-bearing material that can be held or carried by a person, and "posting" shall be defined as any means used for displaying a sign in a fixed location.

Except for signs that violate the restrictions in this policy and administrative procedures, a student may publicly carry a sign in common outdoor areas of the College District in accordance with time, place, and manner rules established by the administration. Hand-carried signs may not be used in a manner that blocks or obstructs windows or pedestrian or vehicular traffic.

A sign shall not be attached or posted to any College District building, lawn, light pole, fence, fixture, shrub, plant, tree, or fire hydrant. Unattended signs shall not be permitted, except as outlined below.

Exceptions

Students who live in on-campus housing may place a posting on the doors of their rooms to which they are assigned in accordance with administrative procedures.

Registered student organizations may place postings on outdoor community bulletin boards or kiosks that are maintained for that purpose. The signs shall be posted and removed in accordance with administrative procedures.

Registered student organizations may request to make postings on indoor bulletin boards. The postings shall be posted and removed in accordance with administrative procedures.

Removal

A student or registered student organization shall remove each posting from a community bulletin board or kiosk not later than 14 days after posting or, if it relates to an event, not longer than 48 hours after the event to which it relates has ended.

Disclaimer

When reasonably necessary to avoid likely confusion, materials distributed by a registered student organization must include a disclaimer indicating that the materials are not sponsored by the College District and do not represent the views of the College District or College District officials, faculty, or staff.

Use of Facilities and Grounds

The facilities and grounds of the College District shall be made available to students or registered student organizations [see FKC] when such use does not conflict with use by, or any of the policies and procedures of, the College District. The requesting student or student organization shall pay all expenses incurred by their use of the facilities in accordance with a fee schedule approved by the Board, which shall recoup only the College District's direct administrative costs of administering these rules and of facilitating the particular use requested.

Currently enrolled students, including gatherings not exceeding 50 persons, may engage in peaceful assembly and expressive activity in outdoor common areas of the College District in accordance with reasonable time, place, and manner regulations established by the administration. Advance permission shall not be required. "Outdoor common areas of the College District" include grassy areas, walkways, plazas, or other similar common areas owned or controlled by the College District.

For outdoor student gatherings that are reasonably anticipated to exceed 50 persons, the individuals planning the activity shall provide at least a 24-hour notice in accordance with procedures and allowances established by the administration. The administration has designated areas of the campus that are suitable for and shall accommodate gatherings exceeding 50 persons.

Use of College District facilities and expressive activities must be conducted in a manner that does not materially disturb or interfere with the academic programs or administrative or business activities of the College District, or any program or activity that is conducted or is authorized by the College District.

Administrative procedures adopted pursuant to this policy shall not discriminate based on the content or viewpoint of the expressive activity or upon the expected reaction of others to the activity and shall not discriminate among similarly situated student organizations.

Requests

Because the buildings, classrooms, libraries, and facilities owned or controlled by the College District exist to support the College District's instructional and support programs and are not a traditional public forum, most facilities on campus are not available for events and activities that are not sponsored by the College District. However, to support the professional and personal growth of students through participation in registered student organizations, the administration shall identify facilities that are suitable for reservation and that shall not otherwise interfere with the academic programs or administrative or business activities of the College District.

Registered student organizations may request to reserve an indoor location for activities germane to the purpose of the organization or to host a speaker by submitting a request in accordance with administrative procedures.

The students or registered student organization making the request shall indicate that they have read and understand the policies and rules governing use of College District facilities and that they shall abide by those rules.

Approval

The Vice Chancellor, Student Services or designee shall approve or reject the request in accordance with provisions and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, ideological, academic viewpoint, or other content of the speech likely to be associated with the student's or registered student organization's use of the facility and without regard to the potential reaction of others.

Approval shall not be granted when the official has reasonable grounds to believe that:

  1. The College District facility requested is unavailable due to a previously scheduled use or conflicting activity, or the facility is inadequate or inappropriate to accommodate the proposed use at the time requested;
  2. The applicant is under suspension or expulsion or is currently serving a disciplinary sanction related to a prior violation of this policy or the administrative procedure implementing this policy;
  3. The proposed use includes impermissible solicitation [see FI];
  4. The proposed use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;
  5. The applicant owes a monetary debt to the College District arising from prior use of facilities under this policy and the debt is delinquent;
  6. The proposed activity would materially disrupt or disturb the regular academic program;
  7. The proposed use would result in damage to or defacement of property or the applicant has previously damaged College District property; or
  8. The proposed activity would constitute an unauthorized joint sponsorship with an outside group. A registered student organization or employee organization may co-sponsor an event or activity on campus with, or on behalf of, an off-campus person or organization only if the person or organization is a not-for-profit, no commercial solicitation or for-profit activity occurs, and the campus organization maintains primary responsibility for planning, staffing, and managing the event.

An administrative decision to allow or deny a requested use shall be made within three business days. The Vice Chancellor, Student Services or designee shall provide the applicant a written statement of the grounds for rejection if a request is denied.

Common Outdoor Area Exception

Common outdoor areas are traditional public forums and are not subject to the approval procedures. Students and student organizations may engage in expressive activities in common outdoor areas, unless:

  1. The person's conduct is unlawful;
  2. The use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;
  3. The use would materially or substantially disrupt or disturb the regular academic program; or
  4. The use would result in damage to or defacement of property.

Announcements and Publicity

In accordance with administrative procedures, all students and registered student organizations shall be given access on the same basis for making announcements and publicizing their meetings and activities.

Identification

Students or registered student organizations distributing materials on campus or using College District facilities shall provide identification when requested to do so by a College District representative.

Violations

Failure to comply with this policy and associated procedures shall result in appropriate administrative action, including but not limited to, suspension of a student's or registered student organization's use of College District facilities, and/or other disciplinary action in accordance with the College District's discipline policies and procedures [see FM and FMA].

Interference with Expression

Faculty members, students, or student organizations that interfere with the expressive activities permitted by this policy shall be subject to disciplinary action in accordance with the College District's discipline policies and procedures [see DH, FM, and FMA].

Appeals

The administration shall maintain a procedure providing for a prompt appeal of a decision denying a request to use space. The procedure shall require that the appeal be heard within five business days of the filing of the appeal.

Publication

This policy and associated procedures must be posted on the College District's website and distributed in the student and employee handbooks and other appropriate publications. They must also be distributed to students at orientation.

Blinn College

FLA(LOCAL)-X

LDU 2020.03

DATE ISSUED: 12/15/2020