GD(LEGAL) - COMMUNITY USE OF COLLEGE DISTRICT FACILITIES

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

Prohibited Acts

  1. Refuse to permit the person to use facilities open to the public and owned, operated, or managed by or on behalf of the state or of a political subdivision of the state;
  2. Refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the state or of a political subdivision of the state;
  3. Refuse to grant a benefit to the person; or
  4. Impose an unreasonable burden on the person.

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

Fees for Use

Facilities as Polling Places

Electioneering

During the Regular Voting Period

During Early Voting

Political Party Conventions

Search and Rescue Dogs

Public Facility

  1. Refusing to allow a search and rescue dog or the dog's handler to use or be admitted to a public facility;
  2. A ruse or subterfuge calculated to prevent or discourage a search and rescue dog or the dog's handler from using or being admitted to a public facility; and
  3. Failing to make a reasonable accommodation in a policy, practice, or procedure to allow a search and rescue dog or the dog's handler to be admitted to a public facility.

Transportation

  1. Refuse to accept as a passenger a search and rescue dog or the dog's handler; or
  2. Require the dog's handler to pay an additional fare because of the search and rescue dog.

Housing

Handler

Credentials

Responsibilities

Policy

Penalty

Vernon College

GD(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019