Ohio Administrative Code
Title 3342 - Kent State University
Chapter 3342-4 - University Policies
Section 3342-4-03.1 - Administrative policy regarding demonstrations, marches, and speakers
Universal Citation: OH Admin Code 3342-4-03.1
Current through all regulations passed and filed through September 16, 2024
(A) Purpose. Those sponsoring demonstrations, marches or speakers are responsible for making the necessary arrangements and provisions in accordance with the procedures established in this rule.
(B) Definitions.
(1)
"Demonstration" - A person or assembly of persons
engaged in a rally, march, sit-in, fast or other public manifestation of
welcome, approval, protest, or disapproval but does not include social, or
athletic exhibitions or events.
(2)
"Non-University
affiliated speaker" - A person not enrolled as a student nor employed by the
university who addresses or intends to address persons on the campus grounds or
in a facility of the university.
(3)
"Registered
student organization" - A student organization properly registered with the
office of campus life pursuant to rules 3342-4-01,
3342-4-01.2 and 3342-4- 01.201
of the Administrative Code.
(4)
"University
department" - Any officially recognized section of the university's
organizational structure.
(5)
"Sound amplification equipment" - Any device used to
amplify sound.
(C) General.
(1)
Sponsorship. All demonstrations, marches and
non-university affiliated speakers (except those identified in paragraph (D)(2)
of this rule) must be sponsored by a registered student organization or
university department.
(2)
Signs. Signs attached to rigid supports or framework
are prohibited inside campus buildings.
(3)
Responsibility.
In all instances, those sponsoring demonstrations, marches or speakers are
responsible for making the necessary provisions to maintain the peaceful
demeanor of the assembly, including the arrangements for marshals or other
self-governing services in cooperation with the assigned university security
personnel. The sponsoring group shall be responsible for all expenses and
damages incurred to the university.
(4)
Unlawful action.
The university will neither permit nor condone unlawful action. Civil
disobedience as a means to produce change is always a matter of individual
conscience and consequence.
(D) Demonstrations, marches and non-university affiliated speakers.
(1)
Registration. In
order to secure assistance in planning and obtaining university facilities and
in order to protect the rights of all members of the university community,
participants and non-participants, student groups and university departments
must register demonstrations, marches and non-university affiliated speakers
with the scheduling office except as noted in paragraph (C)(2) of this rule.
Details concerning space, time and special arrangements will be noted at that
time.
The scheduling office will determine if an event has been registered and by whom. If an event is registered, the registered facility, and the determination of the registration status by the scheduling office shall be final. If the space has not been registered for an event, the procedures outlined in paragraph (C)(2) of this rule shall apply. When the scheduling office is closed, the Kent student center office should be contacted for verification of scheduling information.
(2)
Non-registration.
The university permits demonstrations, marches and non-university affiliated
speakers without prior registration provided that no sound amplification
equipment is utilized and members of the university community not participating
in the demonstration may proceed with their normal activities.
(a)
Areas recommended
for demonstrations, marches and non-university affiliated speakers when not
previously scheduled include:
(i)
On the Kent student center plaza;
(ii)
In front (south
side) of the memorial athletic and convocation center;
(iii)
On the front
campus lawn;
(iv)
On the commons; and
(v)
On Manchester
field.
(b)
Use of space. Use of these spaces shall be limited to
one hour blocks of time. Should another event or speaker not assume use of the
space at the beginning of the next block, the previous user may continue for a
subsequent time block. Time blocks begin with the beginning of the
hour.
(c)
Time. The director of the office of campus life, in
consultation with the police and appropriate building curator, may develop
operational procedures to guide the determination of the subsequent events or
speakers. In the absence of specific procedures, those wishing to assume use of
the space at the beginning of the next time block should clearly state their
intention prior to the start of that time. If questions arise as to the next
event or speaker, the parties should first attempt to arrive at an agreeable
compromise. Should such a compromise not be possible, the parties should
contact the following: in the case of the Kent student center plaza, the
curator of the plaza; or in the case of other locations, the office of campus
life.
(3)
Demonstrations, marches and non-university affiliated
speakers shall be denied registration by the scheduling office when:
(a)
The director of
campus life or designee, in consultation with the police and the sponsoring
student organization (and advisor) or department, has a reasonable basis to
conclude that the demonstration or non-university affiliated speaker event
substantially threatens to materially disrupt the normal activities of the
university, threaten health or safety, or result in a violation of criminal
law.
(b)
The director of campus life or designee, in
consultation with police and the sponsoring student organization (and advisor)
or department, has a reasonable basis to conclude that there is danger to those
participating in the demonstration or march.
(4)
Furthermore,
demonstrations, marches and non-university affiliated speakers may not:
(a)
Be held inside or
in the vicinity of campus buildings except as approved by the director of
campus life or designee.
(b)
Substantially obstruct or disrupt any legitimate
function of the university including, but not limited to, research, teaching,
administration, public service or other authorized events.
(c)
Substantially
obstruct the free flow of pedestrian or vehicular traffic.
(d)
The route of all
marches or parades must conform to the regulations in paragraphs (D)(4)(a),
(D)(4)(b) and (D)(4)(c) of this rule.
(E) Non-university affiliated speakers.
(1)
A university is a forum for the scrutiny and exchange
of ideas. Therefore, the university encourages student organizations and
university departments to invite speakers to the campus.
(2)
Registration.
Registered student organizations and university departments must register all
non-university affiliated speakers (except those identified in paragraph
(C)(D)(2) of this rule) with the scheduling office in order to assure orderly
calendaring and to facilitate the event. The scheduling office shall establish
operational procedures to accomplish this purpose but such procedures shall not
impose limitations based upon the subjects to be discussed, or the background,
or past associations of the speakers.
(F) Violations and sanctions.
(1)
Terms of violation. A demonstration, march or an event which
features a non-university affiliated speaker shall be in violation of this rule
and subject to immediate cancellation and an order for all participants to
disband by the director of campus life or designee, in consultation with the
police and, as available, the sponsoring student organization (and advisor) or
department:
(a)
When it is not registered with the scheduling office with
the exception of demonstrations, marches and non-university affiliated speakers
in the areas specified in paragraph (D)(2) of this rule;
(b)
When it has been
registered by the scheduling office but violates the terms and conditions
thereof;
(c)
When it substantially disrupts the normal activities of
the university, including but not limited to research, teaching,
administration, public service, or other authorized events;
(d)
When it
substantially invades the rights of others; or
(e)
When it results
in the violation of criminal law.
(2)
Notice. It is the
responsibility of the director of campus life (or designee) to give "first
notice" to groups or individuals in violation of these regulations and report
violations of this policy (excluding criminal violations) to appropriate
university officials and offices.
(3)
Legal sanctions.
Any person failing to disband from a demonstration or march upon being so
ordered pursuant to paragraph (F)(1) of this rule shall be in violation of this
rule and subject to appropriate legal sanctions. Students and student
organizations in violations of this rule shall be subject to the sanctions of
the code of student conduct, rule
3342-4-02 of the Administrative
Code and/or arrest for a violation of law. Persons not registered as students
who are in violation of this rule shall be subject to arrest for a violation of
law.
(G) Appeal. Any member of the university community, student organization or university department convinced that arbitrary, unlawful, or unreasonable limitations have been imposed upon any demonstration, march or non-university affiliated speaker event under the provisions of this rule may appeal to the dean of students and student ombudsman.
Replaces: 3342-4- 03.1
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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