Issue No. 5
Effective Date: 4/1/2004
Review: February 1 E4Y
01. POLICY STATEMENTS
01.01 We at Texas State are committed to recruiting and retaining a heterogeneous and qualified student body, and providing services that enhance their personal development and contribute to the fulfillment of their goals. The following procedure contributes to the implementation of this policy.
01.02 This UPPS establishes university policies relating to expressive activities on the campus grounds. It describes places on campus where persons may demonstrate and express ideas and opinions in a manner that respects the University’s interests and the rights of others.
01.03 In establishing the campus expression areas, we do not intend to prohibit persons from demonstrating or expressing ideas at other places or times on campus, provided they respect the University’s interests and the rights of others.
02.01 “Campus expression areas” include:
a. The Quad, being the area from the first row of sidewalk steps east of LBJ Drive to the Fighting Stallions statue in front of Leland Derrick Hall, bounded on the north by the Psychology Building and the Taylor-Murphy History Building, and on the south by Flowers Hall and Evans Liberal Arts Building;
b. The grassy mall in front of the J.C. Kellam Administration Building bounded on the west by the front steps to the building and on the east by the fish ponds; and
c. The paved mall area between Alkek Library and the LBJ Student Center. This does not include the Alkek Library breezeway.
02.02 “Dean” means the Dean of Students.
02.03 “Expressive activities” do not include commercial messages. Our policy for commercial messages is contained in UPPS No. 07.04.03, Solicitation on Campus.
02.04 “Significant university interests” include:
a. Maintaining security, health, and safety for persons and property on campus.
b. Preserving an academic atmosphere. Classes meeting in their settings should not be disrupted; quiet is necessary in areas assigned for study; social, recreational, and developmental programs and other university activities should not be disrupted.
c. Protecting the privacy of students, faculty, and staff.
d. Controlling pedestrian and vehicular traffic so that free movement is permitted and so that free entry and exit from university facilities are permitted.
e. Protecting persons on campus from crime and preventing unlawful activities on campus.
f. Preserving the beauty of the University’s grounds, buildings, and facilities.
g. Maintaining the campus, buildings, and facilities to sustain a clean, orderly, and appealing appearance and avoiding unnecessary and harmful wear and tear on buildings, grounds, and facilities.
h. Preserving the architectural character of important and historic university buildings.
i. Protecting persons on campus from deception, fraud, and commercial exploitation.
j. Eliminating unnecessary costs and waste of university resources.
02.05 “Student, faculty, and staff employee” includes registered student, faculty, and staff organizations.
02.06 “Symbolic Structure” means a physical object that is intended to convey a particular message. There must be a substantial likelihood that those who view the structure will understand the message. Symbolic structures may be props and displays, such as coffins, crates, crosses, cages and statues; furniture and furnishings, such as desks, tables, bookcases, and cabinets; shelters, such as tents, boxes, shanties, and other enclosures; and other objects.
a. Art completed as a part of course activity is not considered a symbolic structure.
b. Persons may not inhabit, sleep in, camp in, or use a symbolic structure as a shelter.
03. PROCEDURES FOR USING CAMPUS EXPRESSION AREAS
03.01 The campus expression areas are designated public forums where any group or person, whether or not a student or employee, and whether or not invited by a registered student, faculty, or staff organization, may assemble and engage in free speech activities, as provided in the Rules and Regulations of the Board of Regents, Texas State University System (Chapter VII, section 3.4).
03.02 These areas may be used on a first-come, first-served basis. No reservation is required unless amplified sound is to be used (see Section 03.03). The University will not interfere with such an activity unless it infringes upon a significant university interest.
03.03 If any person using a campus expression area desires to use amplified sound at that location, he or she must reserve the area through the Dean’s office in advance of the activity. The Dean will not deny a request unless the proposed use conflicts with another scheduled activity or unless the intended use would infringe upon a significant university interest.
03.04 Persons may erect and maintain symbolic structures only in the campus expression areas provided they follow these time, place, and manner restrictions.
a. The person desiring to erect the symbolic structure should prepare a written proposal and present it to the Director of Risk Management and Safety who will determine whether the proposed structure will pose a threat to the health or safety of persons or property on campus.
b. After receiving the Director’s notification that the structure will not pose a threat to the health or safety of persons or property on campus, the person should schedule the activity in advance with the Dean. The Dean will not deny a request unless the proposed use would conflict with another scheduled activity in the area or would infringe upon a significant university interest.
c. Persons may erect and maintain the symbolic structure for up to two (2) weeks. The Dean will renew a reservation request unless the renewal would conflict with another scheduled activity in the area or would infringe upon a significant university interest.
d. Persons who erect a symbolic structure are responsible for maintaining it in a safe manner and in a manner that does not infringe on a significant university interest.
e. Judging each request on its individual merits, the Dean may impose other reasonable time, place, and manner restrictions on the requested use, provided those restrictions are necessary to serve a significant university interest. These restrictions include, for example, requiring that the structure be moved for a period of time, changing the structure’s location, and requiring the person requesting the structure to purchase liability insurance that names the University as an additional insured.
04. PROCEDURES FOR USING OTHER CAMPUS AREAS
04.01 Other campus grounds are designated as limited public forums for expressive activities by the University’s students, faculty, and staff employees.
04.02 A student, faculty member, or staff employee authorized to use an area other than a campus expression area must submit a reservation request to the Dean at least two (2) business days before the scheduled activity. The Dean will not deny a request unless the proposed use conflicts with another scheduled activity or unless the request would infringe upon a significant university interest. If the Dean denies a request, he or she will provide a written explanation for the denial.
04.03 Amplified sound is not permitted for expressive activities on campus grounds other than in the campus expression areas because of the likelihood for infringing upon a significant university interest.
05. REVIEWERS OF THIS UPPS
05.01 Reviewers of this UPPS Include:
Associate Vice President for Student February 1 E4Y
Affairs and Dean of Students
TSUS Associate General Counsel February 1 E4Y
06. CERTIFICATION STATEMENT
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Associate Vice President for Student Affairs and Dean of Students; senior reviewer of this UPPS
Vice President for Student Affairs