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Pima County Community College District Standard Practice Guide

SPG Title:   Public Access and Expression on College Property
SPG Number:
  SPG-3605/AA
Effective Date:
  12/18/09
Approval Date:
  12/18/09
Review Date(s):
  6/22/12
Revision Date(s):
  6/22/12
Schedule for Review & Update:
  Annually
Unit Responsible for Review & Update:
  Executive Vice Chancellor for Finance and Administration
Sponsoring Unit/Department:  Executive Vice Chancellor for Finance and Administration
Regulation Title & No.:  Public Access and Expression on College Property, RG-3605/A
Policy Title(s) & No(s).:  Public Access and Expression on College Property, BP-3605
Legal Reference: 
Cross Reference:
 


PURPOSE

This Standard Practice Guide delineates the process and conditions under which individuals and/or groups who wish to conduct public expression activities on College property may conduct those activities.

Some activities involving public expression require the individual or group desiring to engage in the public expression to reserve use of College space in advance. These activities may include peaceful protests, demonstrations and rallies, forums, and distributions of written materials. The guidelines concerning these activities, and the procedures for reserving use of College space in advance, are set forth in sections B, C and D below. In other situations, activities involving public expression may be spontaneous in nature or may be such that reserving the use of space in advance eliminates, for all practical purposes, the opportunity for the public expression. Guidelines concerning these situations are set out in section A below.

A.   Guidelines Concerning Public Expression Where Space Has Not Been Reserved in Advance.

An activity involving public expression that (1) is spontaneous in nature, or (2) is reasonable to allow to occur without an advance reservation of space because such reservation would effectively eliminate the opportunity for the public expression, shall be allowed to continue unless the activity is causing, or likely will cause, one or more of the following conditions to exist:

1.    Interference with or disruption of the normal operations of the College, including obstruction or disruption of College teaching, administration, disciplinary procedures, community service functions, or any other authorized College activity, or obstruction or disruption of security measures intended to ensure the peaceful conduct of the College or events held on College sites.

2.    Interference with or disruption of the lawful use of College property by others, including unauthorized entry or occupancy of College facilities; or prevention of access to or exit from College facilities.

3.    Threat of physical harm or abuse, or probable cause to believe physical harm or abuse may occur to any person or property on College property.

Depending on the circumstances, an activity involving public expression that is determined to be in violation of one or more of the above limitations may be stopped or may be required to move to another location. Any decision whether to stop such an activity, or whether to require such an activity to move to an alternate location should include consideration of the following factors:

1.    The duration and relative severity of the actual or anticipated interference with, or disruption to, a College activity or function or another's use of College property. Included in this factor is consideration of whether the College activity or function, or use of College property by another that is or may be interfered with or disrupted itself involves public expression.

2.    The impact that stopping the activity involving public expression, or requiring a change of location for the activity, would have on the public expression. In some situations, stopping the expression at the time or requiring a change of location may have only a minor impact on the public expression. In other situations, stopping the activity at the time or requiring a change of location effectively eliminates the opportunity for public expression.

3.    The potential consequences of a decision not to stop the activity or require a change in location for the activity. Anticipated consequences may range from a brief annoyance to a situation where the College activity or function, or another's use of College property, is itself effectively prevented from occurring. In some situations, there may even be a significant risk of physical harm to persons or property, or a risk that a person will be put in reasonable fear that such harm will occur.

4.    If the interference or disruption is not actually occurring but rather is anticipated, the relative likelihood that the interference or disruption will occur and consideration of whether reasonable measures other than stopping the activity or requiring the activity to change location would lessen or eliminate the probability of interference or disruption.

Whenever reasonably possible, decisions made pursuant to Section A of these guidelines to stop or require a change in location of activities involving public expression shall be made by the Chancellor, an Executive Vice Chancellor, or a campus President. Other College administrators and campus security and police officers are authorized to make such decisions when it is not reasonably possible to involve the Chancellor, any Vice Chancellor, or a campus President. Any decision to stop or require a change in location of an activity involving public expression should be reported as soon as possible to the Chancellor's office, to the office of the Executive Vice Chancellor for Finance and Administration, and to the office of the affected campus President.

B.    Process to Reserve Use of Space in Advance

Individuals or groups who wish to engage in planned activities involving public expression in situations other than those referenced in section A above must reserve space in advance. To reserve space, the student or group must submit a written request to the Campus President or designee or Executive Vice Chancellor for Finance and Administration. All activities scheduled in advance must be submitted on the standard College-wide “Facilities Use Agreement” form (note: link to be inserted) available in the Campus President’s Office for campuses or Executive Vice Chancellor for Finance and Administration (or designated department) for District Office.

C.   Location and Time Guidelines for Reserved Space

1.    Specific locations on College property designated for reserved space for campus debates, forums, rallies, demonstrations, peaceful protests and other similar public forum activities have been identified by the campus President in consultation with Department of Public Safety and are as follows:

Community Campus: Reserved Area: Campus Courtyard near the sculpture.

Northeast Educational Center: Back hallway, south side near the exit.

District Office: Reserved Area: Building C — Employee Lounge.

Downtown Campus: Reserved Area: Quad area between building RV and COS.

Desert Vista Campus: Reserved Area: Covered area between the Plaza and the Pueblo Building.

East Campus: Reserved Area: Building L 1, in front of cafeteria; Community Room.

West Campus: Reserved Area: Center Palm Court east of the Santa Catalina Building.

Northwest Campus: Reserved Area: Building A, Room 220.

2.    Any individual or organization may reserve the use of these spaces on a first come, first served basis.

3.    In furtherance of the educational, research, service, and other legitimate functions of the College and campuses, no part of the campus may be reserved for organized activities before 7:00 a.m. and after 9:00 p.m., unless otherwise approved by the President or designee or Executive Vice Chancellor for Finance and Administration.

4.    No location other than one of the locations shown in subsection C (l) above may be reserved unless special circumstances exist as determined and approved by the Executive Vice Chancellor for Finance and Administration or the applicable Campus President.

D.   Conditions of Activities Using Reserved Space

In order to facilitate scheduling, avoid irreconcilable conflicts in the use of reserved areas, maintain the safety of the campus and avoid interference with or disruption of the normal operations of the College, those who use the reserved areas must adhere to the following procedures:

a.    Notification: All activities must be requested by submitting the Reservation Form to the President or designee or Executive Vice Chancellor for Finance and Administration not less than 24 hours prior to the expected time of such activities.

b.    Approval: President or designee or Executive Vice Chancellor for Finance and Administration will approve the activity in writing unless the activity is too large to be safely contained in the area proposed, is in conflict with the use of another who has previously been given approval for use of a reserved area, or otherwise violates any of the limitations set out in Section A. In such cases, the President or designee or Executive Vice Chancellor for Finance and Administration will make all reasonable efforts to determine and provide a suitable alternative time and location for the proposed activity, and/or determine how the activity can be modified to satisfy the requirements of Section A unless an area not designated for reservation is requested. In those cases, the campus President in consultation with the Director of Legal Resources will approve the activity and location in consultation with the Pima Community College Department of Public Safety.

E.    Public Distribution of Written Materials

Handbills, leaflets, and similar materials, except those which are unlawful in character, may be distributed on campus if such distribution does not interfere with the orderly administration of College activities or the free flow of traffic. The passing of petitions, distribution of written information, carrying placards, picketing, sign-up tables, or other set-ups:

a.    must not block the entrance or exit to any College structure or parking lot; and

b.    must comply with all applicable fire and safety codes to the same extent required of all activities.

F.    Distribution of Posted Materials and Advertisements

Individuals and/or groups may post notices and advertisements in designated locations only.

1.    All notices or flyers must be approved and officially stamped with the date the posting expires by the Campus President or designee. A maximum of 30 days is allowable per posting. Approval will be granted unless the posting involves a copyright or trademark violation.

2.    Only one posting is allowed per space. Postings may not exceed the standard poster size. Any posting that has not been approved or that does not conform to these conditions will be removed.

3.    Official College postings, as well as public postings, will have separate bulletin boards noting such. The public posting board shall state: “The views posted do not necessarily reflect those of Pima Community College and may contain material that some might find offensive.” The public posting area can be used for political, religious or other non-college related expression.

4.    Automobile windshield flyers and any auto-postings are prohibited.

G.   Enforcement

All individuals, groups or organizations using College property are expected to comply with local, state and federal laws and regulations.

H.   Definitions

1.    “Public Expression” includes all activities such as protests, demonstrations, rallies, speeches, forums, the distribution of posters or leaflets, and includes all activities related to an individual's right to peacefully assemble and/or petition the government for a redress of grievances.

2.    “Authorized” within this document means permitted by the Pima Community College Executive Vice Chancellor for Finance and Administration or a Campus President or his/her designee.

3.    “College Authorized Activity” means an activity which has been permitted to take place by the Executive Vice Chancellor for Finance and Administration, a Campus President or designee.

4.    “Reserved Area” refers to a part of the campus which must be reserved and scheduled in order to provide for maximum access and minimal interference with the College's educational, research, service or other legitimate functions.

5.    “Public Areas” are those exterior areas of campus generally open to the public during the times the College and campus are open. Public Areas do not include, among other places, the interiors of College structures.

6.    “Student Organization” means an organization composed primarily of students which has received recognition according to College policies and procedural regulations through the campus Department of Student Life.