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
   
 

FOR POLICY INTERPRETATION, PLEASE CONTACT:
        Office of Vice President for Student Affairs, 909/537-5185

Use of Buildings and Grounds

Forms of Advocacy, Including Guest Speakers

Posters, Announcements, Selling, Soliciting

Fund Raising

Use of University Name

Administration

PURPOSE:

All persons may exercise constitutionally-protected rights of free expression, speech, assembly, and worship; such activities may not interfere with the orderly operation of the campus and all activities must be conducted in accordance with campus time, place, and manner regulations (Section 42353 of Title 5 of the California Administrative Code and University President's Directive Regarding Use of State University Buildings and Grounds).

The following policies and regulations on speech and advocacy reflect the mission of the university to develop and conduct an educational program in an atmosphere of inquiry and free expression.  There is no distinction to be made among the members of the university community, whether students, staff, or faculty, to speak and engage in forms of advocacy.  

As a state institution, the university must remain neutral on religious and political matters.  The university cannot sponsor or fund religious activities, and cannot sponsor or fund political activities, except when authorized for university purposes by the Trustees or the Chancellor or their designees.

I.   Use of Buildings and Grounds

1. General use of campus areas and facilities:  all uses of the university's buildings and grounds are governed by the President's Directive Regarding Use of State University Buildings and Grounds and campus Policy on Buildings and Grounds Use.

1. Those who are not members of the university community may also reserve and use university facilities in accordance with established procedures and charges for facility use, as stated in the campus Policy on Buildings and Grounds Use and/or the policies of the appropriate venue(s). 

2. Persons on university property or attending an official university function assume an obligation to conduct themselves in a manner compatible with the university's function as an educational institution.  Use of buildings and grounds must not prevent or disturb regular university functions and approved activities, nor interfere with movement to and from activities and facilities.

3. Use of buildings and grounds requires that fire regulations, including building and room capacities, be observed.

4. The permitted lawful use of buildings and grounds for activities and events is subject to state and federal law.

5. Religious and political organizations shall have access to university properties on the same basis as all other organizations, according to guidelines set forth in campus regulations.

6. 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, Section 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 60 decibels when measured at a facility (e.g., classroom and other occupied buildings) closest to the sound source, utilizing an "A" scale.  However, any amplified sound that is considered as disruptive to campus business, regardless of the measured decibels, shall have the level reduced immediately.  In the event the sound level is not reduced immediately, the event will be cancelled and future events from the sponsoring organization or department may not be approved.

7. 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 in Section I.A.8 above.  As a courtesy, sponsoring unit(s) for any events with amplified sound are encouraged to notify departments that may potentially be affected by the sound.

8. Reservations for campus outdoor areas are not available during the final examination period or when there are conflicting events on campus.

2. Campus Outdoor Areas:  many campus outdoor areas may be used to facilitate open discussions, outdoor activities, and other events.  Entrances and exits may not be blocked.  In general, they include (a) Designated Free Speech Areas Requiring No Reservation; (b) Designated Free Speech Areas Requiring Prior Reservation; and (c) Other campus outdoor areas not covered by those listed in (a) or (b):

1. Designated Free Speech Areas Requiring No Reservation:  since some areas are better suited to facilitate open discussion, specially designated outdoor areas of the campus have been established.  These areas do not require reservation.  Tables, chairs, and amplified sounds are not permitted.  The areas are designated as follows:

1. The current "Free Speech" area located north of the Administration Building
   
   

2. The immediate area around the flagpole by the Administration Building, within a 20 foot radius
   
   

3. The patio of the Biology Building
   
   

4. The patio of the Physical Sciences Building
   
   

5. The north entrance of the Library, no closer than 15 feet from the doors, without obstructing pathways for ingress and egress
   
   

6. The intersection of the path from the parking lot to the Library with the path from the Administration Building to the Commons without blocking pedestrian traffic
   

7. The immediate area to the north of the flagpoles at the main entrance to the University, within a 20 foot radius
   

2. Designated Free Speech Areas Requiring Prior Reservation:  these designated areas require prior written reservation for use.  A reservation must be made and confirmed with the appropriate venue scheduler in advance under the provisions as stated in Section I.A. above, and with the acknowledgment that a copy of the amplified sound guidelines has been attached.  Amplified sound is allowed under the amplified sound guidelines that are available in the Office of Events Scheduling.

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. The grassy knoll west of the Physical Education Building and north of Jack Brown Hall
   
   

4. The south side of the Library  (Note:  no bands or DJ's allowed, except for Fall and Spring All-University Picnics)
    

5. Grass area west of the new Student Recreation and Fitness Center
   

Amplification is permitted in the aforementiond 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 sound check is conducted according to the guidelines set forth in this policy and that sound levels throughout the event stay within the guidelines.  As a courtesy, sponsoring unit(s) for any events with amplified sound are encouraged to notify departments that may potentially be affected by the sound.  Violations of the amplification restrictions pertaining to student organizations should be reported to the Student Leadership and Development Office at x75234.  In the event the sound level is not reduced immediately, the event will be cancelled and future events from the sponsoring organization or department may not be approved.

Tables may be used for such activities as soliciting donations and distributing non-commercial materials and literature only in the special areas and must be staffed by a sponsor at all times, as outlined in the President's Directive Regarding Use of State University Buildings and Grounds.  On-campus solicitation for donations by recognized student organizations must be approved by the Vice President for Student Affairs or designee.  All other on-campus solicitations must be approved by the Vice President for Administration and Finance or designee.  All other monetary solicitations in the free speech areas must comply with Section IV of this policy.

3. All Other Outdoor Areas not specified in Sections I.B.1 and 2 above:  these are areas where no amplified sounds will be allowed, but tables and chairs may be used when these areas are reserved in advance and confirmed under the provisions as stated in Section I.A above.

3. Campus demonstrations, including picketing, are permitted on campus subject to university guidelines for time, place and manner.  Specific guidelines for demonstrations outside the designated Free Speech Areas on campus include the following:

1. File the appropriate reservation form(s) in advance of the proposed event according to the guidelines set forth in Section I.
   
   
2. Demonstrations may not occur within university buildings or residences.
   
   
3. Demonstrations may not interfere with scheduled meetings, educational programs, or vehicle or pedestrian traffic.
   
   
4. No sound amplification equipment may be used without prior written approval.
   
   
5. Participants must conduct themselves in an orderly manner, comply with federal, state, and university regulations, and must not interfere with the University Police in the performance of their duties.
   

II.    Forms of Advocacy Including Guest Speakers

1. Members of the university community are encouraged to invite guest speakers in accordance with the following procedures.  Members and organizations of the University community proposing to invite a guest speaker must schedule the event through the appropriate venue scheduler.  Information provided during scheduling should include the name of the guest speaker, time, place and university sponsor.

1. Reasonable opportunity should be provided for the audience to ask questions.
   
   
2. Selection of a guest speaker does not necessarily imply approval of his/her views by the sponsor(s) and/or the university community.
   
   

3. No publicity may be released concerning guest speakers until approval for scheduling has taken place and space is reserved.

2. It is recognized that advocacy takes several forms.  All forms of advocacy by which individuals or groups seek to make clear their position are permissible provided they do not:

1. Interfere with the educational program and other events and activities.
   
   
2. Interfere with movement to and from areas and facilities and to and from educational programs, events, and activities.
   
   
3. Violate provisions of federal and state law, including Title 5, and the President's Directive Regarding Use of State University Buildings and Grounds and the campus Policy on Buildings and Grounds Use.
   
   

III.  Posters, Announcements, Selling, Soliciting

1. Publicity or announcements of any organized entity of the university, including departments and registered student organizations, may be posted on any bulletin board marked "General Use."

1. All advertisements, announcements, and signs must be identified with the name of the sponsoring department or organization.  "California State University, San Bernardino" is to be used wherever possible and always in the first reference.  The comma may be omitted only when the name is written as a heading on two lines.  Other acceptable designations are listed in the university's guide to public affairs. 

2. Postings that violate the campus trademark may be removed and may result in disciplinary action towards the organization or individual.
   
   

2. 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.
   
   
3. "General Use" bulletin boards are under the jurisdiction of the Office of Student Leadership and Development.

1. Outdated posters must be removed within 48 hours.
   
   
2. No publicity may be affixed over existing publicity.
   
   
3. Maximum poster size is 11" by 17".
   
   
4. Posted materials must comply with all campus policies, including the policies on Alcoholic Beverages on campus and Sexual Harassment.
   

4. Faculty-staff bulletin boards are under the jurisdiction of the appropriate academic and administrative organizations.
   
   
5. 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.
   
   
6. Posters and announcements may not be affixed to trees or buildings, painted or varnished surfaces, glass or ceilings.  Sidewalk chalking or other posting on sidewalks is prohibited.
   
   
7. Permanent signs on or in university buildings or on other university property shall be erected only with prior approval.  Information on the approval process is available through the Office of Capital Planning, Design and Construction.
   
   
8. Advertisement in university publications is subject to the policies of the publications.  Rules may be located in the Office of Public Affairs.
   
   
9. Circulars and handbills may be distributed by members of the university community in university buildings and in designated "Free Speech" areas as described in Section I.B.1 above.  Please note that such distribution shall not interfere with the movement to and from areas and facilities and to and from educational programs, events, and activities.  Further, distribution in or near parking lots or on vehicles is prohibited.
   
   
10. Posting, selling and soliciting in the Student Union are subject to policies, procedures, and fee schedules adopted by the board of directors of the Student Union and the university president.
    
    
11. All posting, selling, and soliciting shall be governed by the provisions of the President's Directive Regarding Use of State University Buildings and Grounds.
    
    

IV.  Fund Raising

Funds may be raised on campus in accordance with the following procedures and regulations:

1. Recognized university organizations may collect dues, initiation fees, and admission charges where they are applicable.  All such fundraising events must be scheduled through the appropriate scheduling unit(s).
   
   
2. Recognized student organizations may sell non-commercial literature and materials in designated free speech areas (see Section I.B.1), provided that such literature and materials presented for sale are not available at the university bookstore.  Permission for sale must be obtained from the Vice President for Student Affairs or designee.
   
   
3. Recognized organizations and members of the university community may solicit donations off-campus only with the approval of the Office of the Vice President for University Advancement.
   
   
4. All fund raising by recognized organizations shall be governed by the applicable provisions of the President's Directive Regarding Use of State University Buildings and Grounds and the campus Policy on Buildings and Grounds Use.
   
   
5. All food sales are subject to special restrictions on the handling, preparation and sale of food as listed in the Environmental Health and Safety Department's operating procedure entitled, "Food Sales on Campus."
   

V. 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.
   
   
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.
   
   
5. In correspondence, statements, or other materials relating to religious or political activities or issues, the university title of a faculty or staff member or the title of a student government representative shall be used only for identification purposes.  Use of campus letterhead is prohibited.
   

VI.   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.

RETURN TO
ADMINISTRATIVE POLICIES AND PROCESSES
TABLE OF CONTENTS