Current through all regulations passed and filed through March 18, 2024
(A) 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.
(B) 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.
(C) This
policy does not apply to use of college facilities and grounds for official
events sponsored by the college.
(D) Expressive activities carried out under
this policy shall not be considered to be speech made by, on behalf of or
endorsed by the college.
(E) This
policy supersedes any provisions in any other earlier-adopted college policies
that address similar or overlapping issues, such as use of outdoor
spaces.
(F) Outdoor areas of campus
generally available for use
(1)
Any person or group may
use, without prior notification, any publicly accessible outdoor area of the
Northwest state community college campus except parking lots 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. 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)
The college's off-campus sites are leased facilities and not owned by the college. Those
facilities generally do not include any outdoor space leased or controlled by
the college, therefore, no publicly-accessible outdoor are areas available for
use under this policy. Where any outdoors space is controlled by the college,
this policy applies.
(3)
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
college's police department by calling 419-267-1452 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.
(4) 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.
(5) Student use-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 college police department at 419-267-1452. 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. 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.
(G) 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 is prohibited. Leaving trash, litter, materials or pollutants in any area
is prohibited.
(H)
Enforcement
(1) The Northwest state community
college police department and local law enforcement shall enforce the
provisions of this policy.
(2) Any
person who violates
paragraph (E) 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.
(I) 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 vice president for
enrollment management and
student affairs at 419-267-1233.
(J) Procedures
The president may adopt procedures to administer this
policy.
