Ohio Administrative Code
Title 3357:15 - Stark State College
Chapter 3357:15-17 - Use of Facilities
Section 3357:15-17-10 - Public use of college outdoor areas
Universal Citation: OH Admin Code 3357:15-17-10
Current through all regulations passed and filed through September 16, 2024
(A) Purpose: The purpose of the policy is to promote the free exchange of ideas and the safe and efficient operation of the college by:
(1)
Fostering free
speech, assembly, and other expressive activities on college property by all
persons, whether or not they are affiliated with the college.
(2)
Maintaining an
appropriate educational and work environment for all persons present on college
property, including but not limited to students, faculty, employees, customers,
and visitors.
(3)
Maintaining the personal security of all persons
present on college property and protecting the property of the college and of
persons present on college property.
(4)
In developing
this policy, the college recognizes the constitutional freedoms guaranteed by
the United States and Ohio Constitutions, including freedom of speech, press,
and assembly. The college also recognizes the need to preserve and protect its
property, students, guests, and employees of the college, and to ensure the
effective operation of educational, business and related activities of the
college. Expressive activities on the college's campus may be subject to
reasonable regulation with regard to the time, place, and manner of the
activities. college employees will not consider the content of expressive
activities when enforcing this policy. No policy can address every possible
activity or situation that may occur on college property, and the college
reserves the right to address such situations as circumstances
warrant.
(5)
This policy does not apply to use of college facilities
and grounds for official events sponsored by the college.
(6)
Expressive
activities carried out under this policy shall not be considered to be speech
made by, on behalf of, or endorsed by the college.
(7)
This policy
supersedes any provisions in any other earlier-adopted college policies that
address similar or overlapping issues, such as use of outdoor
spaces.
(B) Outdoor areas of campus generally available for use:
(1)
General
access
(a)
Any
person or group may use, without prior notification, any publicly accessible
outdoor area of the college's main campus except parking lots, garages, and
driveways. Federal, state, and local laws will be enforced as applicable. The
use of walkways or other common areas may not block the free passage of others
or impede the regular operation of the college. Use of the general access areas
may include speaking, non-verbal expression, distributing literature,
displaying signage and circulating petitions. There is no limit to the number
of times a month a person or group may access those areas.
(b)
During work and
class hours or if the area is currently in use for an official college event,
amplification may be restricted if it unreasonably interferes with college
operations or noise ordinances are violated.
(2)
Satellite
campuses
The college's satellite campuses are a mixture of college owned and leased facilities. Some leased facilities do not have publicly accessible outdoor areas available for use under this policy. Where any outdoor space is controlled by the college, this Policy applies.
(3)
Large groups
(a)
Except in circumstances described below, any person or
group whose use of an outdoor area is expected or reasonably likely to have
more than one hundred people must notify the Stark state security department at
330-494-6170, ext. 4367 at least two
business days before
the day of the expressive activity, including information as to the specific
location to be used for the event and the estimated expected number of persons,
and the name and contact information of at least one person who can be
contacted regarding logistics of the event, which shall include at least one
person who will be personally present. Security and clean-up costs will not be
charged to the person or group.
(b)
Prior notice is
necessary to ensure that there is sufficient space for the large group event,
that the large group event does not conflict with any other scheduled use of
the outdoor space, and that sufficient College resources are available for
crowd control and security. If such advance notice is not feasible because of
circumstances that could not be reasonably anticipated, the person or group
shall provide the College with as much advance notice as circumstances
reasonably permit.
(C) Student use
(1)
In addition to
the general right of access to outdoor areas of campus described above, any
student or student organization may seek to reserve the use of specific outdoor
areas by contacting the coordinator of Student activities at 330-494-6170, ext.
4237. Any request by a student or student organization to reserve such area or
space shall be made at least one business day prior to
the event. A request will be granted unless it would conflict or interfere with
a previously scheduled event or activity or violate this
policy.
(2)
A student or student organization that has reserved a
specific area or space under this policy will have priority over any other
persons seeking to use the area or space during the scheduled time period. Any
decision denying a request shall be promptly communicated in writing to the
requester and shall set forth the basis for the denial. The content of the
anticipated speech or other expressive activity shall not form the basis for a
denial.
(D) Prohibited activities
(1)
Any event or
activity that disrupts the ability of the college to effectively and peacefully
teach students, provide client services, or conduct any of its other business
and support operations is prohibited. Examples include but are not limited to
excessive noise, impeding vehicle or pedestrian traffic, and conduct otherwise
unlawful.
(2)
No activity may damage college property. Prohibited
actions include but are not limited to driving stakes or poles into the ground,
hammering nails into buildings, and attaching anything to sidewalks, paved
areas, or any part of any building, structure, or fixture.
(3)
Distribution/solicitation by placing any material on vehicles in the parking
lots or garages is prohibited. Leaving trash, litter, materials or pollutants
in any area is prohibited.
(E) Enforcement
(1)
The Stark state
security department and local law enforcement shall enforce the provisions of
this policy.
(2)
Any person who violatesparagraph (D) of
this Policy may be subject to an order to leave college property. Employees in
violation of this policy may be subject to discipline, up to and including
termination.
(F) Dispute resolution
Any person or recognized student organization who believes unlawful, unreasonable, or arbitrary limitations have been imposed on any of their speech or other expressive activities under this Policy may file a complaint with the office of the Vice president of business and finance at 330-494-6170. ext. 4398.
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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