Policy

Time, Place, and Manner Policy (Interim)

This document should not be viewed in isolation, but should be considered together with other relevant federal and state laws, regulations and CSU policies, including the Education Code, HEERA and those on academic freedom. This interim policy may evolve and change based on the feedback received from the campus community.

1.00 Purpose

This policy is issued by the University President, pursuant to California Code of Regulations, Title 5, sections 42350-42353, and concerns the use of university buildings and grounds for purposes of commercial transactions and solicitation, non-commercial transactions and solicitation, freedom of expression activities, amplified sound, and posting or chalking, including the distribution of handbills and circulars at California State University, Monterey Bay (CSUMB).

2.00 Scope

This policy applies to students, student organizations, campus affiliated organizations, and other off-campus groups or persons while on campus grounds, including commercial vendors or solicitors. This policy does not apply to CSUMB employees or to employee organizations as defined in HEERA, Govt. Code Section 3562.

Except where noted and/or where other policies are incorporated by reference, this policy is intended to be the controlling document with regard to the University’s time, place, and manner restrictions on commercial transactions and solicitation, non-commercial transactions and solicitation, freedom of expression activities, amplified sound, and posting or chalking, including the distribution of handbills and circulars. It expressly supersedes the following Policies and Procedures:

1) 2006 Policy on the Use of University Buildings and Grounds; and,

2) 2006 Guidelines on the Use of University Buildings and Grounds.

3.00 Freedom of Expression

Commercial transactions and solicitation, non-commercial transactions and solicitation, freedom of expression activities, and posting and chalking serve an important purpose at CSUMB. They communicate upcoming events and activities and disseminate information and opinions on important issues. Sometimes, however, freedom of expression activities and posted materials have appeared to direct hurtful and/or hateful messages toward an individual or group. While there will always be disagreements over what may constitute good taste or appropriate comment, there can be no question, particularly in a university, that freedom of expression as guaranteed by the First Amendment of the Constitution is a cherished and protected right.

Accordingly, the campus community is asked to be tolerant of differing points of view and to respect the rights of others to express themselves. While one may find certain expressions or materials to be quite offensive or even insulting, the appropriate way to counteract such materials is through discourse, criticism, and the expression of contrary points of view. Free speech is allowed and supported as long as it does not violate other laws or University policies or procedures. Any member of the campus community who finds freedom of expression activities or posted materials to be offensive or disrespectful is encouraged to contact the responsible organization or individual to address their objections. For further information, contact the Dean of Students Office.

4.00 Use of University Buildings, Facilities, or Grounds

The use of campus buildings, facilities or grounds for purposes of non-commercial solicitations, commercial solicitations or transactions, freedom of expression activities, amplified sound and posting or chalking, including the distribution of handbills and circulars is contingent upon the agreement of those engaging in such activities to assume responsibility for observing the following:

  1. The activities must be conducted in a lawful manner.
  2. The activities must not unreasonably interfere with instructional programs or the operation of the campus.
  3. The activities must conform to the time, place, and manner restrictions established by this policy. Hard copies may be obtained from the Dean of Students Office.
  4. The activities must be conducted in conformance with all applicable federal, state, and local laws, as well as University policies, procedures, and regulations.
  5. No events will be scheduled during commencement ceremonies.
  6. In order to facilitate safety and floor maintenance, individuals with bare feet are prohibited from entering University buildings, with the exception of appropriate areas of University facilities and physical education facilities [1].
  7. Camping on University property or living in privately owned, temporary lodging parked or erected on University property is prohibited without written permission from the University [2].
  8. Erection of any temporary structure on campus requires prior approval for the safety of all participants and by-standers. Contact the Dean of Students Office for more information.

AUTHORITY: Campus regulations and procedures are adopted pursuant to the authority of the University President, who is responsible for the general welfare of the campus over which s/he presides [3].

VIOLATIONS: Violations of this policy constitute a violation of CSUMB regulations, and applicable statutes and regulations. Violations may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds. Personal or corporate liability for any cost incurred by the campus due to the improper use may be imposed upon the responsible party(s). In addition, a violation of this policy may constitute a crime under the Penal Code, and the offending party may be found guilty of a misdemeanor [4], and also may subject the violator, if a student, to student disciplinary actions [5]. Non-campus affiliated groups or individuals may also have their future privileges revoked [6].

5.00 Freedom of Expression Procedures

CSUMB believes that the search for knowledge requires the freedom to speak openly about concerns and issues. All students and employees of CSUMB and members of the public are free to lawfully exercise their constitutional right to freedom of expression on University property. Freedom of expression activity includes, but is not limited to, pure or symbolic speech, assembly, meeting, demonstrations or rallies, picketing, petitioning, distributing flyers, mime and theater, music and singing, survey research, and religious or political activity. The University may establish reasonable time, place, and manner regulations regarding the use of its public facilities to ensure that individuals and groups exercising their legitimate rights do not infringe on the rights of others or disrupt the educational process or other operations of the University.

The exercise of freedom of expression and assembly rights must comply with all applicable federal, state, and local laws. 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.

Freedom of expression activity is subject to CSUMB’s time, place, and manner restrictions. To ensure that the orderly and peaceful flow of campus business and activities will not be disrupted, all non-campus affiliated organizations or individuals wishing to engage in freedom of expression activity should contact the Dean of Students Office for more information on scheduling the time and location of such an event in advance to avoid a conflict with a special campus or student event that may already be scheduled, which take precedence, the prior scheduling of which, along with life/physical safety issues (e.g., water main/power line breaks and the like), shall be the sole bases for declining to schedule free expression activity that otherwise adheres to this policy.

6.00 Time, Place, and Manner Restrictions

Reasonable time, place, and manner restrictions [7] on the use of public forums are permissible, provided that they are carefully designed to (1) coordinate the appropriate use of a particular location for speech activities, remain viewpoint-neutral, and not to prohibit particular forms of expression; (2) “serve a significant government interest” and are not more extensive than necessary to serve that interest; and (3) “leave open ample alternative channels for communication of the information.” They must be clear and specific enough to place the public on notice as to exactly what is authorized and what is forbidden.

TIME: Daily, 8 a.m. to 10 p.m., except for current CSUMB registered students and student clubs/organizations who may engage in freedom of expression activities at anytime.

PLACE: Freedom of expression activities may take place on campus with the following exceptions: inside parking lots and University buildings and within 20 feet of any location in which instructional, educational and/or official business activities are being conducted. Popular locations are outside the Tanimura and Antle Family Memorial Library and in the Main Quad.

MANNER: Freedom of expression must be conducted in a manner that (1) shall not interfere with or obstruct the free flow of pedestrian or vehicular traffic; (2) shall not interfere with or disrupt the conduct of University business; (3) shall be carried out without creating excessive noise by use of a device; (4) shall not unreasonably interfere with classes in session or other scheduled academic, educational, cultural/arts programs; (5) shall not promote an unlawful end, such as promoting actual violence or bodily or property harms, terrorist threats, defamation, obscenity, and false advertising; and (6) shall not violate any federal, state or local safety code, such as regulations set by the State Fire Marshal. Persons using areas generally available to students and the community are allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Individuals or groups distributing materials in these areas, other than material discarded or dropped in or around appropriate receptacles, shall retrieve and remove such materials, prior to their departure from the areas that day. Enforcement will be in compliance with existing state and federal laws.

VIOLATIONS: Behavior in violation of any of these regulations is subject to intervention by University 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 by the appropriate campus authorities.

If a violation persists or is repeated, or if the assembly poses an imminent danger to public safety, those assembled may be required to disperse immediately. Continued violation may result in arrest and subsequent legal action by the University. If the violation occurs at a scheduled event, the permission for the event may be summarily revoked and future requests by those individuals or groups in violation may be canceled or denied.

Unauthorized removal of properly posted materials is an act of vandalism and subject to appropriate disciplinary action.

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

For further information, contact the Dean of Students Office.

7.00 Continuous Renewal

This policy shall remain in effect until the campus approves a renewed or revised policy, or until the President determines the policy to be ineffective.

s/President Eduardo M. Ochoa

Effective Date: December 8, 2016

Use of University Buildings, Facilities, or Grounds Procedures

  1. Notice of Orders Issued Pursuant to Title 5, Calif. Code of Regulation 41301 (1) s
  2. Notice of Orders Issued Pursuant to Title 5, Calif. Code of Regulation 41301 (1) s
  3. See Title 5, California Code of Regulations, Sections 42350-53 and42402
  4. Pursuant to Education Code Section 89031
  5. Pursuant to Title 5, California Code of Regulations, Sections 41301-41303
  6. Section 626 et seq. of the Penal Code.
  7. Education Code, Sections 66600, 66606, 89030, 89031, and 89035. California Code of Regulations, Title 5, Sections 42350 - 42353. Penal Code Sections, 148, 407, 409, 415.5, 602.1, 626.4, 626.6, and 647c.
  8. Education Code, Sections 66600, 66606,89030, 89031, and 89035. California Code of Regulations, Title 5, Section 42351.
  9. Education Code, Sections 66600, 66606, 89030, 89031, and 89035. California Code of Regulations, Title 5, Sections 42350.5 and 42350.6.
  10. California Code of Regulations, Title 5, Section 42350.6
  11. Education Code, Sections 66600, 66606, 89030, 89031, and 89035. California Code of Regulations, Title 5, Section 42350.1.
  12. Education Code,Sections 66600, 66606, 89030, 89031, and 89035. California Code of Regulations, Title 5, Section 42352.