Time, Place and Manner for Expressive Activities Policy

East Stroudsburg University supports the rights of University students, faculty, staff and groups recognized by the Student Government Association (SGA) and/or University departments, as well as external groups and the general public to engage in protected speech and assembly. Protected speech and assembly include demonstrations, marches, picketing, leafleting and protesting (“Expressive Activity”) in public areas on campus. Such Expressive Activity is permitted on campus so long as the activity is not unlawful and does not unreasonably interfere with University operations. This policy establishes guidelines to facilitate engagement in Expressive Activities that do not unreasonably disrupt University operations, violate the protected speech activity of others, or risk the destruction of University property. This policy also identifies the Designated Area(s) for Expressive Activity for all recognized student groups, faculty, University Departments and staff as well as the general-public and non-recognized (by SGA) student groups and organizations. Reasonable and content-neutral rules for the time, place and manner of expression and assembly are a legitimate way to ensure the orderly conduct of the University community.

Reason for Policy

This policy applies to Expressive Activities of the University Community Members, Invited Guests, and the General Public regarding Expressive Activity, as defined by this policy.

This policy identifies particular areas as Designated Public Forums. These are available to University Community Members for Expressive Activity on a first-come basis. The Designated Public Forums are indicated on the designated university forum map.

Events sponsored by student organizations and university departments may include those sponsored by affiliated entities. Student organizations and departments are accountable for invited non-university affiliates’ compliance with this policy.

This policy does not create any rights beyond those provided by the United States Constitution or Article I of the Pennsylvania Constitution as interpreted by United States and Pennsylvania courts.

Spontaneous Expressive Activity

University Community and invited guests

Without prior notice, University Community Members and Invited Guests may assemble and engage in Spontaneous Expressive Activity in Designated University Forums and designated Public Forums. Except for the notice provision (see Time, Place & Manner Procedures), all other aspects of this policy apply to Spontaneous Expression.

No protected Expressive Activity will be prohibited on the basis of the content of the Expressive Activity or viewpoint of the speakers, participants, responsible group or individual. Any University decisions concerning the prioritization of competing requests for space will be made based on content-neutral factors, such as the availability of a space at the time it is requested.

Invited Guests

Spaces for Invited Guests to engage in Expressive Activity must be reserved by the Registered Student Organization in a University Department in a manner consistent with this policy. The reserving Responsible University Official or University Department will be accountable for any policy violations of the Invited Guest.

General Public

Without prior notice, the General Public may assemble and engage in Spontaneous Expressive Activity in Designated Public Forums. Except for the notice provision, all other aspects of this policy apply to Spontaneous Expression.

To the extent feasible, the University encourages the General Public to provide advance notice to ensure a safe and successful event and also assist the Speaker in identifying alternative locations if the desired location is already reserved in a manner consistent with this policy.

Additional Requirements

1. Amplification - Individuals or Groups who desire to use sound amplification must contact Conference Services and University Center Operations prior to use. No amplified sound exceeding 95 decibels, at the source, will be permitted. A sound monitor will be assigned to the event.
2. Signs – Items that are carried, such as signs, banners, or flags should be made of soft material, such as cloth or cardboard, and not attached to rigid materials, e.g. metal or wooden poles. The University reserves the right to ban the use of potentially dangerous materials or material that can be used as a weapon.

Conditions of Use

All expressive activity must comply with applicable federal, state and local laws, including all laws, regulations and ordinances concerning traffic, fire prevention and safety, and sound. In addition, individuals and groups engaging in Expressive Activity must comply with this policy and other applicable policies of ESU and the Pennsylvania State System of Higher Education.

The following conduct is expressly prohibited on the property of the University:

1. Interfering with the University’s teaching, research, administrative or service activities, or other authorized, approved activities;
2. Obstructing entrances or exits to University buildings or parking lots or otherwise interfering with the free flow of vehicular and pedestrian traffic within the University or into and out of campus;
3. Construction of any permanent or semi-permanent structures without prior approval;
4. Camping or lodging (except in authorized facilities, locations);
5. Conduct that constitutes threats, harassment, obscene or lewd conduct, disturbance of the peace or unlawful assembly;
6. Theft, damage, exploitation, or destruction of University property;
7. Sound amplification exceeding 95 dBA (within 5 feet of amplification source) or 90dBA (from handheld units);
8. Commercial solicitation prohibited under University Posting and Chalking Procedures, ESU-2015-02-P.

Speakers will not be subject to harassment and counter-protesters may not infringe upon the rights of others to hear the speaker. However, members of the University community have the right to peacefully protest any such activity;

Activities that violate this policy may be subject to modification and cancellation.

The University reserves the right to provide security to protect the safety of speakers and member of the University community.

Speakers and other users of the Designated Public Forum are permitted to distribute petitions, leaflets, newsletters and other non-commercial printed material within the Designated Public Forum. Further, users who distribute such leaflets, newsletters, and commercial printed material are responsible for cleanup and costs for cleanup of materials following the duration of the Expressive Activity will be charged to the respective user(s).

Violations and Enforcement

Disruptive conduct or behavior in violation of any of these regulations is subject to intervention by University Police and/or law enforcement officials. In the event of an alleged or perceived violation, those in violation will be asked to comply with the applicable regulations contained within this policy by the appropriate campus authorities.

If a violation persists or is repeated, or if the disruptive conduct or violating behavior poses an imminent danger to public safety, those engaged in the conduct may be required to disperse immediately and/or directed to conduct their expressive activity in a Designated Public Forum. Continued violation may result in law enforcement involvement, including arrest, and subsequent legal action by the University.

University disciplinary action against university community members alleged to have violated this policy shall be in conformity with the Student Code of Conduct, and/or applicable collective bargaining agreements and established University guidelines.

Appeal Statement/Process

The University will provide notice of the approval or denial within 2 days.

Requests may be denied for the following reasons:

1. A violation of the conditions of use;
2. Unavailability because of preexisting reservation. If the denial is based on unavailability because of a preexisting reservation or similar conflict, then the University will reasonably accommodate the Speaker’s request with an alternative date, time, and location;
3. Scheduled maintenance or repair of property.

If the request is denied, then the requestor may appeal the decision to the Vice President of Campus Life and Inclusive Excellence, or designee, within three (3) days. A response from the Vice President will be provided with in three (3) business days of the appeal. The decision of the Vice President on appeal shall be final.

Noncompliance with this policy

If the denial is for noncompliance with the requirements of this policy, then the University will provide the requestor a reasonable opportunity to correct the violation.

Definitions

Affiliated entity: A private organization (typically classified as a 501(c)(3) nonprofit organization) that exists solely for the benefit of the University, including, but not limited to: foundations, the center for research and economic development, and student associations. To be affiliated, the organization must: (1) be recognized as an affiliate through a Council of Trustees’ Resolution; (2) make financial contributions to the University or provide similar benefits on a regular basis, satisfactory to the president and Council of Trustees; and (3) provide an external audit to the University on a timely basis.

Commercial Speech: advertisements, solicitations, or testimonials for goods or services, including distribution of commercial leaflets, fliers, handbills, or similar messaging.

Designated Area(s) for Expressive Activity. The University Properties that are designated for Expressive Activity as defined in this policy.

Designated Public Forums: These are areas on campus where any University Community member or University Community non-member may engage in Expressive Activities. The following University property is designated a Designated Public Forum:

1. The grassy area/quad area between Shawnee Hall and Linden Hall as the primary area; and
2. The grassy area/quad area between Laurel Hall and Monroe Hall as a designated secondary area;
3. The grassy area/quad area between Hemlock Suites and Sycamore Suites also as designated secondary area; and
4. College Circle area; and
5. The paved area between the University Center and Center for Hospitality Management building.

Designated University Forum: means any area of campus that has been either specifically dedicated or held out as open to the speech of the University Community Members and specifically identified in this policy in Appendix A.

University Community members and invited guests may engage in Expressive Activities in Designated Public Forums or other areas of University property, provided that Expressive Activities take place at least fifteen (15) feet from any building(s) that house faculty or administrative offices, classrooms or other instructional or research facilities, athletic facilities, performance facilities or residence halls during the scheduled Academic hours.

Disruptive Conduct

1. Actions that impair, interfere with, or obstruct the freedom of passage within or outside of University buildings and grounds.

1. Willful occupation of any portion of a University building or ground that restrict/s the freedom to utilize the building and/or space in accordance with its intended and regular purpose.
2. Actions that interfere with (or impede), obstruct, or disturb the normal functions of the University or the safety of a person or persons.
3. Actions and/or conduct that substantially interferes with an investigation and/or the student conduct process.

Expressive Activity: constitutionally protected speech and assembly, including: demonstrations, marches, picketing, leafleting and protesting. Such activity includes, but is not limited to, demonstrations, speeches, oral presentations, protests (verbal or silent), counter-protests (verbal or silent), picketing, use of signs, leafleting, circulation of petitions, distribution of literature, display of symbols or other expressive communications or activities of a non-commercial nature.

General Public: means any person, group, club, organization, or entity that does not fall within the definition of “University Community Member” or “Invited Guest.”

Harassment/Disorderly Conduct: Conduct aimed at a particular University student(s) or employee(s), affiliate employee(s) or other individual(s) which creates a clearly unsafe, intimidating or hazardous situation within the vicinity of the individual that significantly interferes with the ability of a University student or employee to study, work, or carry out University functions. Whether conduct rises to the level of actionable harassment requires looking at the totality of the circumstances, including the severity of the conduct; its frequency; whether it is physically threatening or humiliating, or an offensive utterance that by itself would not constitute an unsafe, intimidating or hazardous situation; or whether it unreasonably interferes with the University student, employee or invited guest’s ability to study, work, or carry out University functions.

Invited Guests: means a person, group, club, or other organization invited by a University Community Member to participate in Expressive Activity as defined in this policy on University Property.

Outside Entities: Any individuals or groups that are not University Community Members.

Recognized Student Organization: An organization that is approved by the Student Government Association of the University and recognized by the Student Activity Association.

Responsible Person: An individual who serves as the liaison between persons or a group of people or an organization conducting an expressive activity in order to promote compliance with the requirements of this policy and who shall identify himself/herself upon request to an authorized university official, including in the course of a spontaneous expressive activity.

Responsible University Official (or Office): The position or offices responsible for oversight and enforcement of this policy.

• Vice President, Campus Life & Inclusive Excellence (and that individual’s designee – Dean of Students)
• Vice President, Administration & Finance (and that individual’s designee – Chief of Police)

Scheduled academic hours: 8:00 a.m. to 10:00 p.m. Monday- Friday and 9:00 a.m. to 5:00 p.m. on Saturday, unless as otherwise specified. Please refer to the University website for any modifications to these hours

Spontaneous Expressive Activity: Expressive Activity by a Speaker or Speakers in a Designated University Forum or other University property so long as it does not materially and substantially disrupt the function of the University and infringe upon the rights of others to engage in expressive activities. Spontaneous Expressive Activity is Expressive Activity as defined above that is unscheduled or conducted without any advance notification to the University’s Conference Services and University Center Operation's Office.

Student: Anyone who is registered and currently enrolled (this includes a person who is not enrolled for summer classes but has enrolled for the upcoming fall semester) in for-credit courses offered by East Stroudsburg University, including internships and clinical placements that are off-site. This definition does not include high school students taking courses at the University through any grant-funded or other program or contractual agreement with a local school district.

True Threats: Statements intended by the speaker to convey a serious expression of intent to commit an act of unlawful violence against a particular individual(s) or group(s).

Terroristic Threats: A threat to commit a crime of violence or a threat to cause bodily injury to another person. A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

1. commit any crime of violence with intent to terrorize another;
2. cause evacuation of a building, place of assembly or facility of public transportation; or
3. otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

University Community Member: Means a Student, Employee (not contractors), affiliate organization staff, all university divisions, departments, offices, Registered Student Organizations, official volunteers, athletic teams, and any other University unit or organization that is wholly sanctioned, supervised, and governed by the University or a division or department of the University.

University Community Non-Member: A person who is not a University Community Member.

University Operations: All operations necessary to carry out the University’s educational/academic, health, safety, social and community building group activities, and administrative functions.

University unit: Board of Trustees, all University Divisions, Departments, Offices, Registered Student Organizations, Athletic Teams, and any other organization that is wholly sanctioned, supervised, and governed by the University or a Division or Department of the University. For the purposes of the policy, the term “University Unit” will be construed as including the Student Activity Association.

Related Policies

Discrimination & Harassment Policy

Facility Use

Non-Academic Facility Scheduling

Posting & Chalking Policy

Other Relevant Information

Appendix A – Designated University Forum Map

Time, Place and Manner for Expressive Activities Procedures