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. DEFINITIONS
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:
Position Date
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
President