Scope
The following constitutes the "time, place and manner" policy on the use of facilities owned by SUNY Geneseo for peaceable speech and assembly. This policy shall apply to any Campus Constituents or Unaffiliated Party.
Policy Statement
As an institution of higher education, the College respects and fully supports the free speech rights granted to individuals under both the First Amendment to the United States Constitution and New York State law. As a public entity, partially funded by New York State tax dollars, the College will provide a designated public forum to Campus Constituents and Unaffiliated Parties for the exercise of free speech rights. To comply with existing law, the College recognizes that it will dedicate its resources to this effort – including staff time for the management of the designated public forum, the costs or lost revenue associated with the use of space itself, and possible use of University Police and other administrative office staff – to provide for the safety of participants and orderly exercise of rights.
In drafting and adopting this policy, the College weighed its competing obligations and responsibilities to meet its educational mission; its obligations as a public entity to provide a designated public forum; its audit and control obligations in managing New York State property under SUNY jurisdiction; and, its obligations for the orderly and safe operation of its campus, while responsibly managing and allocating its scarce resources in pursuit of its educational mission for students.
Definitions
Policy
Assembly Time, Place, and Manner Conditions for Public Areas on Campus Grounds
Free speech and peaceful assembly are fundamental to the purpose of a college as a center for open inquiry in the search for knowledge and insight. Geneseo is strongly committed to the protection of these rights. However, these rights bring with them a concurrent obligation to maintain a campus atmosphere conducive to scholarly pursuits, residential living, and respect for the rights of all individuals.
As stated in the State University of New York (SUNY) Board of Trustee’s Rules for the Maintenance of Public Order:
No student, faculty member or other staff member or authorized visitor shall be subject to any limitation or penalty for expressing his or her views or for assembling with others for such purpose; peaceful picketing and other orderly demonstrations in public areas of campus grounds and buildings are not subject to interference provided there are no violations of the rules included in this policy and the aforementioned Rules for the Maintenance of Public Order.
Assemblies, demonstrations, and similar expressions of First Amendment rights may not infringe on the rights of others or disrupt essential operations of the College.
General Procedures for Assemblies
- The use of amplification equipment will not be permitted.
- The construction of shelters and other temporary structures or camping on campus grounds is prohibited.
- Dangerous instruments as defined by NYS Penal Law, including but not limited to poles, flag poles, bats and other similar athletic items, clubs, sticks (including sticks used to hold signs) are not permitted.
- Possession and/or ignition of an open flame of any type, including, but not limited to, torches are not permitted.
- Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other college area that is not authorized, without permission is not permitted.
- Occupation of a College building after it is normally closed is not permitted.
- Obstruction of any entry or exit of a campus building and roadways running through or adjoining the College’s campus grounds is not permitted.
- All individuals participating in protests and demonstrations are required to provide a form of University issued or government issued identification upon request from a College official.
- The use of campus grounds does not imply the College’s endorsement of any organization or activity.
- The College will not interfere with Peaceful Picketing or Other Orderly Demonstrations on campus grounds provided that the SUNY Board of Trustees' Rules for Maintenance of Public Order are upheld at all times.
Application for Planned Assemblies and Demonstrations in Public Areas by Unaffiliated Party(s)
Unaffiliated Party(s) interested in using the campus grounds for assembly, picketing, or demonstrations are required to inform the college of their intentions and obtain authorization through the Office of the Vice President for Student and Campus Life. Two business day minimum advance notice is required. Applicants to utilize campus grounds are required to submit the Application for Use of the Designated Public Forum or the following information to the Office of Campus Scheduling and Special Events:
- their name(s);
- the name of their organization;
- the location sought;
- the date and time of the planned demonstration;
- the number of persons expected to participate; and
- the manner of demonstration.
Once authorization is given by the Vice President for Student and Campus Life, the applicant’s information will be forwarded to the Office of Campus Scheduling and Special Events. Applicants shall review the College’s Facilities Use policy and procedures.
Authorization to assemble or demonstrate on campus grounds will be granted provided that:
- the applicant’s status with the campus is not “persona non grata,” or there is not a court order prohibiting the applicant’s presence on campus;
- the proposed time, place, or manner of assembly or demonstration is not during an exclusion period (as defined above) or would not prevent, disrupt, or unreasonably interfere with the regular academic and institutional activities or other essential operations of the College;
- the proposed assembly time is requested for a four-hour time block or less between the hours of 8:00 a.m. and 9:00 p.m. during the academic year, and between the hours of 8:00 a.m. and 4:00 p.m. during the summer;
- the applicants agree to comply with any and all federal, state, local, and campus mandates;
- the proposed assembly or demonstration would not unreasonably obstruct pedestrian or vehicular traffic;
- the proposed assembly or demonstration would not violate the SUNY Board of Trustees’ Rules for Maintenance of Public Order.
The College will evaluate the location requested for each assembly or demonstration individually based on availability and the need to conduct its regular academic and institutional activities. If the requested location is deemed as inappropriate based on the needs of the college, a reasonably appropriate alternative location will be authorized by the college.
All assembly or demonstration requests will be acted on in a manner reflecting viewpoint neutrality.
If, in the reasonable judgment of College officials, an activity is not consistent with the characteristics previously articulated by the users when they notified the College or the activity has been misrepresented, authorization to use campus grounds will be withdrawn and the activity in progress will be halted.
The College reserves the right to terminate any use of college property in the event that either the speaker or a participant or participant engages in conduct that violates the SUNY Board of Trustees Rules for Maintenance of Public Order.
Approved by College Council on October 4, 2024
Frequency of Review and Update
Annually
Approval
Date of Approval