Guidelines for Speech and Advocacy; Supercedes 86-012; Superceded by 14-013

Executive Memorandum 10-017

June 29, 2010

From: Paul J. Zingg, President

Subject: Guidelines for Speech and Advocacy; Supercedes EM 86-012; Superceded by EM 14-013

Upon the recommendation of the Academic Senate and with the concurrence of the Provost, I approve the revision to the Guidelines for Speech and Advocacy presented herewith.

I. Principles and Definitions

A. Principles

1. A university is the primary social institution established to protect and promote rational inquiry. In realizing its function, this University California State University, Chico is fully committed to facilitating and protecting the free exchange of ideas. Therefore, the entire campus is deemed a free speech area.

2. The United States Constitution establishes the freedom to speak and engage in various forms of advocacy. These freedoms have been regulated by public laws and may be further regulated on campus in the interest of good order and educational purpose. Membership in the academic community does not imply a waiver of any constitutional right, including that of freedom of speech. For additional information refer to the CSU Handbook on Free Speech Issues.

3. Acceptance of membership in the academic community includes responsibility and accountability for oneself as well as for the educational function and mission of the University. Among the responsibilities of the University are attainment of educational objectives; maintenance of academic and general freedoms; the continuance of public service, consultative, and co-curricular programs; and in the service of all these, the promotion of a climate that encourages vigorous exchange of ideas through research, inquiry, advocacy, and challenge.

4. Members of the University community share the responsibility for educating one another and the community at large in the purposes and methods of advocacy and the uses of academic and general freedoms.

5. This document does not pertain to faculty in the classroom or their invited guests.

B. Definitions

1. "University community" means students, faculty, and staff of California State University, Chico.

2. "University campus" means that property in which the State of California and the Board of Trustees of The California State University places title in the name of California State University, Chico or in which the management or disposition resides with California State University, Chico or its auxiliary organizations.

3. "Student" means one who is regularly enrolled at California State University, Chico.

4. "Faculty" means one who is defined as such in Article III of the Constitution of the Faculty, California State University, Chico.

5. "Staff" means any non-faculty employee of California State University, Chico and its auxiliary organizations.

6. “University organizations” means those whose membership is drawn from the university community and are registered with the Student Activities Office, the Instructionally Office, or the Associated Students Management Office. “Faculty organizations” are registered in the Office of the Provost; “Staff organizations” are registered in the Office of the Vice President for Business Affairs. All other organizations are “Non-university organizations.”

II. Advocacy

A. Guest Speakers

1. Members of the university community are encouraged to invite guest speakers who are able to contribute to and participate in the process of dialogue and inquiry within the university setting.

2. Guests of the University community and other nonmembers must abide by these guidelines and all other University policies. Those who are in violation of University policies will be subject to sanction by appropriate authorities.

B. Other Forms of Advocacy

1.Acts of nonviolent advocacy carried out in compliance with pertinent laws, regulations, statutes, and campus policies, including these guidelines, are recognized as legitimate forms of advocacy. This includes but is not limited to heckling, picketing, leafleting, un-obstructive sit-ins, and boycotts. Individuals and groups participating in these forms of advocacy must avoid creating unsafe conditions or causing serious interference with University classes, meetings, or business. Violation of this rule is a misdemeanor pursuant to Education Code, section 89031.

III. Fund Raising

A. Members of the University community may raise funds on the campus within the limits of applicable law with prior registration and in accordance with the following:

1. Members of the University community may collect dues, initiation fees, and admission charges where applicable.

2. Members of the University community may solicit donations for any legal purpose.

3. Members of the University community may raise funds through authorized sale of goods and services if not for personal profit.

B. Members of the University community using the campus to solicit donations and to raise funds through sale of goods and services must register their intent to do so and the purpose for which funds are to be used. They must keep adequate records showing the amount and means by which funds were raised on campus.

C. Nonmembers of the University community may not raise funds on campus except when using rented facilities in accordance with established policies or when selling publications not available through the Associated Students Bookstore and as allowed in IV.C. of this document.

D. Members of the University community may partner with profit-making enterprises under the provisions of Executive Memorandum 94-50.

IV. Posting, Distributing, Exhibiting, Advertising, and Selling

A. Posting notices of legal activity on campus, including advertisements by members of the University community on bulletin boards is subject to regulation by the current policies on the use of buildings and grounds.

B. Members of the University community may distribute or sell literature at designated areas on campus at places where there is no interference with the ongoing activities of the University.

C. Nonmembers of the University community may distribute or sell literature in accordance with Article 9, Sections 42351 and 42354, of Title 5 of the California Code of Regulations, relating to the use of State University buildings and grounds.

D. Posting notices and advertisements of legal activity by nonmembers of the University community on the campus is permitted when done in accordance with part A of this section.

V. Use of Buildings and Grounds in the Exercise of Free Expression

A. The use of University buildings and grounds and all construction including the erecting of temporary structures, by members and nonmembers of the University community is regulated by EM 97-20 and successor or related directives.

A. Campus history establishes that the traditional area for informal public advocacy is Trinity Commons. All areas of the campus may be used for the free expression of ideas, so long as such activity does not interfere with the educational mission or campus regulations of the University or pose a safety threat to participants or others. Outdoor spaces of the University are open for use by individual members of the University community from 7 AM to 10 PM seven days a week.

1. Use of campus areas for organized activities is allowed only with a permit. Student organizations must request permits through the Student Activities Office. Faculty and staff must request permits through the Facilities Reservation System. Others must request permits through University Public Events.

2. The use of audio amplification equipment must be approved by the office issuing the permit. Electrically amplified programming will be permitted on only when managed by experienced staff.

3. A student-designed plaque will be created and placed to commemorate the free speech history of Trinity Commons.

V. Use of the University Name

No one may represent an official relationship with or speak for the University without prior authorization from the President or his or her designee. This includes use of University logos, seals, and insignia, and all variants of the University name.

VI. Administration of These Guidelines

A. Preserving and consulting on opportunities for public advocacy, helping to maintain balance and fairness in the occasional presence of a climate of tension, and consider and originate recommendations on possible questions and conflicts with regard to these guidelines are the charge of the Speech and Advocacy Board. This board will provide advisory and consultative services to the campus and President. Regardless of immediate need, the board shall be impaneled and active each semester. The board will be constituted as outlined in Section IX of this document.

B. Requests for relief from administrative restrictions respecting speech and advocacy shall be directed to the Speech and Advocacy Board which, upon review, shall make its recommendations to the Provost or Vice President for Student Affairs, depending upon the area out of which the request arose.

C. Infractions of these guidelines may constitute grounds for the initiation of disciplinary procedures through the Office of the Provost, Director of Student Judicial Affairs, Student Activities Office, or other appropriate University officials. Such applicable procedures currently include those outlined in California Code of Regulations, Title 5, Section 41301, Executive Order No. 970, and EM 08-40 Code of Students’ Rights and Responsibilities. Alleged infractions by nonmembers of the University may be referred to appropriate law enforcement agencies.

D. Proposals for amending or revising these guidelines shall be brought to the Speech and Advocacy Board. The board will present such items together with the board’s recommendations, to the Senate.

E. Copies of all applicable campus and state regulations referred to in these guidelines are available in the Student Activities office, the Office of the Provost, the Office of the Vice President for Student Affairs, and the library archives.

VII. Speech and Advocacy Board

A. The Board shall be composed of voting members and will report to the university president:

1.Three student members appointed annually by the Associated Students President with approval of the Associated Students board of Directors.

2.Two faculty members appointed annually by the Chair of the Academic Senate.

3.One staff member appointed annually by the Chair of Staff Council with approval of the Staff Council.

4. One staff member assigned by the Vice President for Student Affairs.

B. The function of the board shall be to foster and facilitate an atmosphere of tolerance and openness for controversy, free speech and advocacy, and to recommend any changes in the guidelines for speech and advocacy.

C. In the exercise of its functions, the board shall:

1. Be convened by the Student Affairs staff member assigned by the VPSA to call the first meeting of the year.

2. At the first meeting of the academic year, the board will elect a chair and secretary from among its membership.

3. The chair will be responsible to facilitate dissemination of information to the campus community through reports to the Board Of Directors of the Associated Students, the Academic Senate, the Staff Council, and the University president, upon request, and at least once a year, including a summary of the board’s activity during the year.

4. To establish campus community access to the board, its meetings will be conducted in open session. Notices of all meetings will be posted in appropriate calendars and announcements.

5. By a majority vote, decide to hold invitational meetings at which only specified individuals invited by the board may attend.

6. Render advice to the president by consensus of the board or, in the case of unresolved disagreements among members of the board, submit in a single document signed or unsigned opinions in order to provide the president with an accurate representation of conflicting opinions;

7. Conduct its meetings in a manner deemed appropriate by the board.

D. The function of the Board requires impartiality of its members. A member whose prior or current association results in an inability to maintain impartiality toward an issue currently before the board shall disqualify himself or herself with regard to that issue. Alternatively, upon the recommendation of an absolute majority of the board, a member may be disqualified for cause with regard to that issue.