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

Note:For expression and use of College District facilities by employees and employee organizations, see DGC. For expression and use of College District facilities 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, distributed, or posted on any College District premises by any College District student or registered student organization [see FKC], except in accordance with 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.

Materials distributed under the supervision of instructional personnel as a part of instruction or other authorized classroom activities shall not be governed by this policy.

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 are considered prohibited harassment. [See DIAA, DIAB, FFDA, and FFDB]
  5. The materials constitute nonpermissible 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 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 coerce, badger, or intimidate a person;
  5. Does not interfere with the rights of others; and
  6. Does not violate local, state, or federal laws or College District policies and procedures.

The distributor shall clean the area around which the literature was distributed of any materials that were discarded or leftover.

The dean of student services 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.

Posting of Signs

For the purposes of this policy, "sign" shall be defined as a billboard, decal, notice, placard, poster, banner, or any kind of hand-held sign; and "posting" shall be defined as any means used for displaying a sign.

Except for signs that violate the restrictions in this policy and administrative procedures, a student or registered student organization may publicly post a sign on College District property in common outdoor areas and in areas or locations designated by the dean of student services. No object other than a sign may be posted on College District property.

Restrictions

A sign shall not be larger than 22 inches by 28 inches, unless authorized by the dean of student services. A sign shall not be attached or posted:

  1. To a shrub or plant;
  2. To a tree, except by string to its trunk;
  3. To a permanent sign installed for another purpose;
  4. To a fence or chain or its supporting structure;
  5. To a brick, concrete, or masonry structure;
  6. To a statue, monument, or similar structure;
  7. On or adjacent to a fire hydrant; or
  8. In a College District building, except on a bulletin board designated for that purpose.
Removal

A student or registered student organization shall remove each sign not later than 14 days after posting or, if it relates to an event, not longer than 24 hours after the event to which it relates has ended.

A sign posted in accordance with this section shall not be removed without permission from the dean of student services, the student, or the registered student organization.

Disclaimer

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.

Facilities Use

The grounds and facilities 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 students or student organization shall pay all expenses incurred by their use of facilities in accordance with a fee schedule developed by the Board.

Requests

To request permission to meet in College District facilities, interested students or registered student organizations shall file a written request with the dean of administrative services in accordance with administrative procedures.

The students or the 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 will abide by those rules.

Approval

The dean of administrative services 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.

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

  1. The College District facility requested is unavailable, inadequate, or inappropriate to accommodate the proposed use at the time requested;
  2. The applicant is under a disciplinary penalty or sanction prohibiting the use of the facility;
  3. The proposed use includes nonpermissible 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 and the debt is considered delinquent;
  6. The proposed activity would 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.

The dean of administrative services 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 of Policy

Failure to comply with this policy and associated procedures shall result in appropriate administrative action, including but not limited to, confiscation of nonconforming materials, 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

Decisions made by the administration in accordance with this policy may be appealed in accordance with DGBA(LOCAL) or FLD(LOCAL), as applicable.

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.

Vernon College

FLA(LOCAL)-AJC

UPDATE 37

DATE ISSUED: 12/5/2019