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CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
POLICY ON SPEECH AND ADVOCACY

APPROVED BY ADMINISTRATIVE COUNCIL:
June 4, 1990
REVISION #1
RECOMMENDED BY ADMINISTRATIVE COUNCIL:
December 1, 2003
APPROVED BY ALBERT K. KARNIG, PRESIDENT:
December 16, 2003
REVISION #2
RECOMMENDED BY ADMINISTRATIVE COUNCIL:
October 10, 2006
APPROVED BY ALBERT K. KARNIG, PRESIDENT:
October 11, 2006
REVISION #3
RECOMMENDED BY ADMINISTRATIVE COUNCIL:
June 14, 2010
APPROVED BY ALBERT K. KARNIG, PRESIDENT:
June 23, 2010
  1. Preamble

    Universities are venues for creative, thoughtful and respectful discourse where conflicting perspectives are vigorously debated and thoroughly discussed. California State University, San Bernardino is dedicated to affording members of the University community the protections for freedom of speech, expression, assembly, religion, and press available under the U.S. and California Constitutions and all applicable federal and state laws in accordance with the University's purpose and function. Within the context of this policy, free speech activity includes, but is not limited to, pure or symbolic speech, assembly, meeting, demonstrations or rallies, picketing, petitioning, mime and theater, music and singing, survey research, and religious or political activity.

  2. Authority

    This policy is promulgated under the authority Section 42353 of Title V, California Code of Regulations, and subsequent directives, resolutions, standing orders, California Education Code 66301 - otherwise known as Leonard's Law, and Executive Orders of the Board of Trustees and Chancellor of the California State University, and the President of CSUSB.

  3. Free Expression at California State University, San Bernardino

    At the CSUSB campuses, the time, place, and manner of expression are limited solely by the following general conditions and by additional specific conditions as defined in this policy.

    The exercise of free speech and assembly rights must comply with all applicable federal, state, and local laws. In addition, such activities may not:

    1. Interfere with classes in session or other scheduled academic, educational, cultural/arts programs or with use of the University Library.
    2. Obstruct the flow of pedestrian or vehicular traffic.
    3. Interfere with or disrupt the conduct of University business.
    4. Employ unauthorized sound amplification or create unreasonable noise disruptive of normal University activities.
    5. Harass or intimidate persons in the immediate area of the activity.
    6. Violate any federal, state, or local safety codes, such as regulations set by the State Fire Marshal.

    There shall be no restrictions on legal free speech activity based on the content of such speech or expression or on the political, religious, or other affiliations of speakers. Illegal speech activity, not protected by the First Amendment to the U.S. Constitution or by this policy, includes defamation, obscenity, terrorist threats, false advertising, and the promotion of actual or imminent violence or harm.

  4. Free Speech in the Classroom

    Students and faculty in the University enjoy generally accepted rights to academic freedom. Students and faculty are free to express their opinions and views in the classroom without censorship, providing these opinions and views are related to the subject matter under discussion in the class and if their expression is invited by the class instructor. Those not enrolled in a class or specifically invited to attend a class by the instructor do not enjoy such rights.

  5. Use of University Name

    1. Care should be exercised regarding the use of the name, seal or logo of the university in matters of speech and advocacy. Members and recognized organizations of the university community should not claim official relationship in matters of speech and advocacy unless authorized by the president or designee.
    2. Events or activities sponsored by members of the university community may not be advertised or promoted in such a way as to suggest that they are sponsored by the university.
    3. Campus organizations may not use the seal of the university without prior approval of the president or designee.
    4. All individuals or organizations using university properties and services must not make any unauthorized statements that they are sponsored, endorsed, or favored by the university.
  6. Administration

    1. Administration of policies on speech and advocacy shall be the responsibility of the Vice President for Student Affairs or designee.
    2. If there is reason to believe that an event, activity, or appearance of a guest speaker may precipitate interference with educational programs and other scheduled events and activities and prevent movement to and from educational programs, events, and activities, the Vice President for Student Affairs or designee shall consult with the sponsor or sponsors of the event and determine the appropriate action to be taken.
    3. Sponsor or sponsors of proposed events and activities should be aware of and abide by state, federal, and local laws, as well as university regulations and trustee policies.
  7. Palm Desert Campus

    1. A separate document addressing the principles and regulations on speech and advocacy at the Palm Desert campus can be found at http://pdc.csusb.edu/documents/Designated_Free_Speech_Areas.pdf.
  8. Public Meetings, Performances, Rallies, Demonstrations, or Similar Public Events

    Members of the university community and non-university community may use campus buildings and grounds for public meetings, performances, rallies, demonstrations, and similar events in accordance with the general limitations described in Section III.

    Students, faculty, staff or other members of the university community or their organizations, or non-university groups, who seek to hold such events inside university facilities, including all buildings, the amphitheater, athletic venues, and areas surrounding residence halls, other than the designated forums described in Section X below, must reserve such facilities at least 48 hours in advance. These shall be available on a first-come, first-served basis, which is the only basis upon which requests will be granted or denied. Recognized student organizations must schedule through Student Leadership and Development (909) 537-5234.

    Outdoor demonstrations or public protests may be held on university property without advance permission provided these adhere to the general limitations described in Section III. Any non-university group that wishes to conduct such a demonstration or protest should register with the Event Scheduling office on the San Bernardino campus located at CO-132 (909) 537-5236 or the Office of the Dean at PDC located in RG-203 (760) 341-2883 x78101 upon arrival on campus.

    Demonstrations, rallies, and other public events may not be conducted in classrooms when classes are scheduled, in offices, or in reception areas.

    Speakers at such meetings, performances, rallies, demonstrations or similar events shall not be subject to harassment, nor shall the right of all to hear the speaker be infringed. At the same time, members of the campus community and outside guests shall have the right to peacefully protest any speaker, meeting, or event, so long as the event being protested is not significantly or materially disrupted.

    Spontaneous events occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event may be held in the designated public forums described in Section X and outdoors without advance permission and in university buildings with special permission of the President or the President's designee.

    Where appropriate or necessary, the university shall provide security to ensure that the rights of all speakers are upheld.

  9. Handbills and Circulars

    Non-commercial leaflets, fliers, handbills and circulars may be distributed at all times in the designated public forums identified in Section X and from 8 a.m. to 5 p.m. Mondays-Friday on other university walkways and outside entrances to university buildings so long as such activity conforms to the limitations described in Section III above. Any non-university group or individual who is not a student or employee of the university that seeks to circulate such handbills and circulars should register with the office of Student Leadership and Development and with the Office of the Dean at PDC upon arrival by providing copies of the material they will be circulating and identifying any organizational affiliation. Personal identification is not required.

    Handbills and circulars may not be left on the windshields of automobiles parked on university grounds.

  10. Designated Public Forums

    1. Campus Sites in San Bernardino

      The following four areas at the San Bernardino campus are designated public forums in which all members of the university community and non-university community may exercise their free speech rights without special restriction.

      1. The patio area of the Commons Building
      2. The grassy knoll (Coyote Corral) between the Lower Commons Plaza and the campus service road by Serrano Village
      3. Library Lawn
        1. Clubs and organizations will be allowed to use the library lawn on Wednesdays and Thursdays between the permitted amplification hours (11 AM to 2 PM and 4 PM to 6 PM)
      4. Grass area west (Wilson Park) of the Student Recreation and Fitness Center
    2. Campus Site in Palm Desert

      The R. D. and Joan Dale Hubbard Plaza at PDC is also a designated public forum. Amplified sounds are not permitted at the PDC location due to its proximity to classrooms.

    All areas are available to individual students, faculty, and staff and to university organizations on a first-come, first-served basis for free speech activities. If and when sound amplification is to be used at any of the San Bernardino sites, prior reservations must be made as described in Section XI below.

  11. Amplification

    Outdoor sound amplification is limited to the four designated free speech areas at the San Bernardino campus and must be scheduled with the Event Scheduling office at (909) 537-5236. Amplification is limited to 11:00 AM to 2:00 PM and 4:00 to 6:00 PM on days when classes are in session or when events or programs are scheduled in adjacent buildings. Advance permission to use amplification outside of the designated free speech areas or at special times shall not be granted or denied on the basis of the content or viewpoint of the activity.

    1. The use of outdoor amplified sound is generally prohibited at all outdoor areas. For certain designated outdoor areas, approval for scheduled events with amplified sound may be obtained (see below, item B). Approved outdoor events with amplified sound are subject to monitoring and regulation. Amplified sound includes, but is not limited to, bands, bullhorns, microphones, CD players, amplifiers, VCR/TV set-ups, cassette decks and DJ systems including radio stations. Amplified sound is intended to be heard in the immediate area only. When approved, amplified sound pressure levels may not exceed a maximum of 80 to 85 decibels with the insertion of a 300 Hz equalizing filter when measured at a facility (e.g., classroom and other occupied buildings) closest to the sound source. However, any amplified sound that is considered disruptive to campus business, regardless of the measured decibels, shall have the level reduced immediately. During an event where amplified sound is in use, the university shall have the right to monitor amplification levels to insure compliance with stated maximum permissible decibel limits. Should amplification exceed the authorized decibel levels thereby violating this policy, CSUSB will request that the event producer lower the amplification. Should there be a lack of compliance, CSUSB will exercise its right to immediately cancel the event. In addition, future events from the sponsoring organization or department may not be approved.
    2. Faculty, staff, management, and/or students sponsoring the event with amplified sound shall be responsible for insuring compliance with the amplified sound pressure level, and shall be responsible for lowering the decibel level to comply with the provisions as stated below.
    3. Amplified sound is allowed under the amplified sound guidelines that are detailed above and noted below:
      1. The patio area of the Commons Building (80 db with 300 Hz equalizing filter)
      2. The grassy knoll (Coyote Corral) between the Lower Commons Plaza and the campus service road by Serrano Village (85 db)
      3. Library Lawn (80 db with 300 Hz equalizing filter)
      4. Campus entities shall be permitted to use the Library Lawn no more than four (4) academic days per quarter.
      5. Clubs and organizations will be allowed to use the library lawn on Wednesdays and Thursdays between the permitted amplification hours (11 AM to 2 PM and 4 PM to 6 PM)
      6. Grass area west (Wilson Park) of the Student Recreation and Fitness Center (85 db with 300 Hz equalizing filter)

      As is the case with any expressive activity, the use of acoustic or ambient sound, such as that generated through musical instruments, and the use of sound amplification equipment otherwise permitted by this policy may be limited when

      1. such use exceeds the authorized decibel levels
      2. otherwise violates this policy, or
      3. interferes with the orderly conduct of university business or authorized events.

      Amplification is permitted in the aforementioned areas from 11:00 a.m. to 2 p.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday by prior written approval. Exceptions for events requiring amplification, not in conflict with classroom or Library activity, must be approved by the university President or designee. For events involving live bands, sound check may commence at 10:45 a.m. Prior written approval from the appropriate venue scheduler will be required for all amplified sounds at least 48 hours before the event. Sponsoring department(s) for the event with amplified sound shall be responsible for insuring that a sound check is conducted according to the guidelines set forth in this policy and that sound levels throughout the event stay within the guidelines. During any event where an amplified sound is in use, the university shall have the right to require a sound check in advance of the event, and to inspect the sound system or other amplification equipment to monitor compliance with the maximum permissible decibel limit. As a courtesy, sponsoring unit(s) for any event in which amplified sound is scheduled are encouraged to keep their users aware of any change in sound level conditions. Violations of the amplification restrictions should be reported to the University Police at (909) 537-7777 or on-campus at 77777. The University Police will call an Information Resources & Technology representative to determine whether the db values have been exceeded. Should that be the case, the University Police will take appropriate action as per this policy.

  12. Sale, Solicitation and/or Distribution of Merchandise, Publications, or Other Printed Matter

    In accordance with Section 42350 of Title V of the California Code of Regulations, commercial transactions and the display of property or services for sale on the university's campuses is prohibited except with written permission by the campus president or president's designee. Such permission shall be granted if:

    1. the proposed activity aids achievement of the educational objectives of the campus, does not unreasonably interfere with the operation of the campus and is not prohibited by law, or
    2. the prospective buyer has agreed in writing in advance to an appointment, and the prospective seller makes no more than one appointment for any day, and such appointment does not interfere with the operation of the campus.

    No student, student organization, non-university person, employee, employee organization, or outside agency or person shall solicit sales to any employee or student at CSUSB without first obtaining written permission from the President's designees as indicated below.

    The content or expressive viewpoint of any materials to be made available for sale shall not be considered in granting or denying permission to solicit for sale.

    Commercial solicitation is limited to the hours of 8 a.m. to 5 p.m., Monday-Friday, except by special permit. Vendors interested in doing business on university property must submit an application in advance for review to the Vice President of Student Affairs or his/her designee or other vice president as deemed appropriate at the San Bernardino campus or to the office of the Dean at the PDC site. The university will identify a vendor area where products/services such as books and other materials may be offered for sale.

    Any published materials offered for sale must not violate the provisions of Chapter 7.5, Title 9, Part 1 of the Penal Code (relating to the sale and distribution of obscene matter) or of Chapter 6, Title 3 (commencing with Section 66400) of the Education Code (relating to the preparation, sale, and distribution of term papers, theses and other materials to be submitted for academic credit).

  13. Distribution of Published Materials

    The display and free distribution of books, newspapers, pamphlets and other published materials is permitted provided that such published materials are not available for sale at the campus bookstore.

    Sale, display, or distribution of published materials will be permitted from 8 a.m. to 5 p.m. Monday-Friday, or at other times by special permit, in the designated vendor area as indicated in Section XII or other location by special permit, provided such activity conforms to the general limitations outlined in Section III of this policy and there is:

    • No harassment of persons in the area
    • No physical contact of individuals without their consent
    • No prolonged or repeated contact with persons who have declined the material
    • No noise louder than normal conversation
    • No illegal misrepresentation of the true name or purpose of the material or of any organization involved in its distribution
  14. Posting

    The University recognizes that signs (including posters, banners, handbills, announcements, notices, brochures) serve as a means for communicating information to the campus community in a timely and orderly manner. Signs containing false, misleading or fraudulent information or expression that constitutes criminal or severe harassment; defamation; or obscenity are prohibited.

    Bulletin boards are of four types:

    • General Bulletin Boards: Students, recognized student organizations, faculty, and staff of the University and non-University individuals may post signs on General Bulletin Boards (indoor or outdoor).
    • University Bulletin Boards: University bulletin boards are for posting of official University documents and announcements.
    • Department Bulletin Boards: Department bulletin boards are identified, controlled, and maintained by specific University departments, and only materials approved by that Department can be posted.
    • Union Bulletin Boards: Union bulletin boards are for posting of official union documents and announcements.

    The use of bulletin boards is subject to the following guidelines:

    • All signs must be identified with the name of the person or organization responsible for the posted information, along with contact information (e.g., phone number or web address).
    • Postings on bulletin boards may not exceed 11 inches by 17 inches in size.
    • Signs on bulletin boards shall be posted by thumbtacks, staples, or pushpins only.
    • Other methods of posting which damage a bulletin board will subject the posting party to liability for damages.
    • Requests for posting of announcements for non-campus events, including commercial or personal posting, shall be directed to the Office of Student Leadership and Development for approval. These announcements will be stamped "approved" and permitted to be posted on "General Use" and other designated bulletin boards for 30 days.

    Those posting materials for specific events or with expiration dates must remove such materials within one week after the event or expiration date.

    Posting of signs on building walls, restrooms, windows, glass surfaces, doors, benches, utility poles, sculptures, garbage receptacles, railings, trees, traffic control signs, stairs, and bus stop areas is prohibited except in those buildings where it has been customary for faculty and staff to post materials on their own office doors. In such cases the posting method must not damage the door in any manner. Sidewalk chalking is

    1. permitted on the patio area of the Commons building and
    2. must be cleaned and removed within 24 hours after the event is over by the same individuals/groups/sponsors who created the sidewalk chalking in the first place.

    Posters on stakes as well as those on A or T-frame stands (24" x 48") may be placed on campus grounds on the day of the scheduled event. The Office of Student Leadership and Development must approve the posters on stakes and A-frame/T-frame locations before any posting occurs. Removal of signs, other than by the posting party or University personnel acting pursuant to their duties is prohibited.

    A request for posting banners must receive the prior approval of the Student Leadership and Development at (909) 537-5234. Approval will be based solely on the availability of posting space.

    The office of Student Leadership and Development and the Dean of the Palm Desert campus or their designees shall monitor all campus General Bulletin Boards for compliance with the above guidelines at both the San Bernardino campus and PDC respectively. Signs not in compliance shall be removed. All posted materials are removed from General Bulletin Boards at each academic quarter break.

    Posted materials must comply with all campus policies, including the policies on Alcoholic Beverages on campus and Sexual Harassment.

    Posters on stakes may be placed on campus grounds on the day of the scheduled event. The Office of Student Leadership and Development must approve the posters and locations before posting occurs.

  15. Fundraising Activities

    Fundraising events are activities where organizations receive monies (directly or indirectly) in exchange for merchandise, service, or entertainment. An exception to this policy would be when organizations are conducting small inconsequential fundraising activities, e.g., a sorority selling t-shirts.

    Fundraising by On-Campus Organizations:

    Recognized student, faculty, and on-campus organizations may raise funds on campus either through direct solicitation or by sponsoring revenue-producing activities in accordance with the following:

    1. The appropriate University officials or designees must approve the fundraising activity in advance on the basis of their conformity to the general principles of this policy and to all applicable federal, state, and local laws. The viewpoint of the group sponsoring the activity and the content of any materials to be distributed shall not be considered in the decision to grant or deny permission. Student groups must receive prior approval from Student Leadership and Development at 909 537-5234. Faculty/staff must receive prior approval from the office of the Vice President for Advancement (909 537-5004).
    2. The fundraising activity must be consistent with the stated purpose of the organization.
    3. The net proceeds from the fundraising activity must be used for the stated purpose and are in some direct relation to the educational, research or service missions of the University, or donated to a charitable organization.

    Fundraising by Individuals and Non-University Organizations:

    Individuals, community and charitable organizations, political and religious organizations may raise funds in accordance with the following:

    1. The University must approve the fundraising activity in advance, including the use of tables, displays or other structures. Contact the office of University Advancement at (909) 537-5004 for additional information, approval, and to secure a permit.
    2. The fundraising activity must be consistent with the stated purpose of the organization.
    3. The net proceeds from the fundraising activity must be used for the stated purpose and are in some direct relation to the educational, research or service missions of the University, or donated to a charitable organization.