STUD-104: Freedom of Expression & Assembly Student Policy & Procedures

Impact Area: SUNY Morrisville (Morrisville campus, Norwich campus, EOC)

General Subject Area: Students

Author: Student Affairs/University Police

Policy Summary

The State University of New York (SUNY) respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. SUNY values the free expression of ideas and supports individuals’ right to assemble. 

SUNY Morrisville promulgates this policy to provide meaningful opportunities for members of our community to express their views and to ensure that the time, place, and manner of such expression does not interfere with the safety and security of our campus community or disrupt the regular operations of the campus.

Scope

This content-neutral policy is applicable to all SUNY Morrisville students. “ADMIN-105 Use of Campus Facilities by Third Parties for Free Speech Policy” applies to all third parties, who are not sponsored by SUNY or its Campuses and/or a recognized student group, who want to use the SUNY Campus’ designated public forum for free speech purposes.

Policy

SUNY Campus students are guaranteed the rights of free inquiry and expression. Subject to applicable content-neutral policy, students are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies—including, but not limited to, protests, demonstrations, rallies, vigils, marches, and picketing—in and upon designated public areas of campus grounds and buildings.

SUNY Campus designates the following as public areas for the purpose of peaceful and orderly assemblies:  the quad in front of the Whipple Administration Bldg.

SUNY Morrisville will not interfere with orderly assemblies in designated public areas of grounds and buildings unless participants engage in any of the following:

1. Conduct that prevents the orderly administration of college classes, lectures, meetings, interviews, ceremonies, and other campus events or University operations;
2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors; 
3. Engage in conduct that could foreseeably cause injury or damage to persons or property; 
4. Operation of audio amplification equipment in a manner that conflicts with normal College operations or that is deemed injurious to health and safety, or that is in violation of Morrisville or Town of Eaton ordinances; 
5. Constructing or erecting structures, whether or not they are anchored, inclusive of screens and/or objects requiring penetration in concrete or grass, or camp on college grounds without authorization from the University Police, Student Affairs and Facilities, and indoor and outdoor encampment is generally prohibited (see campus policies on tents/camping).
6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches; 
7. Assemblies lasting more than one day, duration not to exceed 12 hours in a one-day period, and assemblies between the hours of 10:00 PM and 8:00 AM are prohibited; 
8. Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
9. Activities that violate the provisions of any other applicable campus policy.

In addition, the following activities are strictly prohibited:

1. Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other college area that is not authorized, without permission;
2. Occupation of a building after it is normally closed; and 
3. Obstruction of any roadways running through or adjoining the University’s campus grounds.

All individuals participating in protests and demonstrations are required to provide a form of University issued or government issued identification upon request from a College official.

SUNY Morrisville takes compliance with this policy very seriously.  Students should expect that violations of this policy will result in disciplinary action under the College’s Student Code of Conduct, up to and including interim suspension, suspension, and expulsion.

Procedures

SUNY Morrisville respects and supports students’ efforts to exercise their rights to free speech and assembly. The Division of Student Affairs has designated the Office of Campus Activities to provide the appropriate support for the successful implementation of these events.  Following College procedure will ensure a safe and effective assembly activity. The College will make every effort to respond affirmatively to all requests to engage in assembly activity, however, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized College business, activities, or events. 

Services: To help ensure the safety of participants and the protection of the rights of all members of the campus community, the College can provide services to registered student organizations/student requests such as location, safety, crowd control, sound equipment (unless prohibited in certain areas as per Campus rules), site preparation/cleanup, and/or other such facilities or services it deems necessary (“Services”). 

Request for Services 

1. For assemblies where the need for Services is reasonably foreseeable, event organizers shall, within seven (7) business days prior to the planned event, submit a written Request for Services, as follows: 
   1. The written request should contain the name of the sponsor/organizer, the proposed location and any other Services sought, the date and time of the planned assembly, and the number of persons expected to participate. 
   2. The request should be submitted to the Director of Campus Activities.
   3. A professional staff member from Campus Activities will promptly respond to the request for Services after receipt of the written request but no later than three (3) business days prior to the proposed date of the planned event.
   4. A professional staff member will review the request and work with the sponsor/organizer to accommodate requests and determine a reasonable time, place, and manner for the assembly activity. 
   5. While every attempt will be made to accommodate all requests, some modifications to the assembly activity request may be required due to the availability of the proposed time and place of the activity.  A Campus Life professional staff member will inform the sponsor/organizer of these modifications and provide guidance as the assembly activity is planned.
   6. In the event that the proposed assembly activity is planned in direct response to a current event, the Office of Campus Activities realizes that it may not be possible to submit a request in advance.  In such cases, the event organizer should contact the Office of Campus Activities as soon as possible in order to promptly coordinate the assembly activity, where reasonably possible. 
2. No Services Required: Assemblies requiring no Services, or for which the need for Services is not reasonably foreseeable or necessary as described above, may take place without any prior notification by the sponsors and/or organizers. However, conformity with the specific campus rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact the appropriate office designated in sub-paragraph (1)(C) above for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to discipline.