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

Note: For information on employee expression on campus, see DGC. For information on community expression on campus, see GD. For use of the college district's mail system, see CHE.

First Amendment

Forum Analysis

Traditional Public Forum

Designated Public Forum

Limited Public Forum

Nonpublic Forum

Time, Place, and Manner Restrictions

Protected Expression on Campus Under State Law

  1. Ensure that the common outdoor areas of the institution's campus are deemed traditional public forums; and
  2. Permit any person to engage in expressive activities in those areas of the institution's campus freely, as long as the person's conduct is not unlawful, and does not materially and substantially disrupt the functioning of the institution.

Time, Place, and Manner Restrictions

  1. Are narrowly tailored to serve a significant institutional interest;
  2. Employ clear, published, content-neutral, and viewpoint-neutral criteria;
  3. Provide for ample alternative means of expression; and
  4. Allow members of the university community to assemble or distribute written material without a permit or other permission from the institution.

Policy Required

  1. Allow any person to, subject to reasonable restrictions adopted under Education Code 51.9315(d), engage in expressive activities on campus, including by responding to the expressive activities of others, and student organizations and faculty to, subject to Education Code 51.9315(h), invite speakers to speak on campus;
  2. Establish disciplinary sanctions for students, student organizations, or faculty who unduly interfere with the expressive activities of others on campus;
  3. Include a grievance procedure for addressing complaints of a violation of this section;
  4. Be approved by a majority vote of the institution's governing board before final adoption; and
  5. Be posted on the institution's internet website.

Discrimination Prohibited

Approval of Speaker or Determination of Fee

  1. May consider only content-neutral and viewpoint-neutral criteria related to the needs of the event, such as:
    1. The proposed venue and the expected size of the audience;
    2. Any anticipated need for campus security;
    3. Any necessary accommodations; and
    4. Any relevant history of compliance or noncompliance by the requesting student organization or faculty member with the institution's policy adopted under Education Code 51.9315(f) and any other relevant policies; and
  2. May not consider any anticipated controversy related to the event.

Employee Awareness

Publication

Report

Vernon College

FLA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019