Freedom of Expression Policy

Policy Statement

St. Mary’s College of Maryland (SMCM) supports the rights of its students, faculty and staff to engage in protected speech and assembly, including demonstrations, marches, picketing, leafleting and protesting (“Expressive Activity”) in designated areas. This policy establishes guidelines to assure that expressive activities do not unreasonably disrupt SMCM Operations, violate the protected speech activity of others, endanger the safety of others or risk destruction or obstruction of SMCM property and/or facilities. SMCM is committed to supporting free speech and assembly in a content-neutral manner while protecting campus operations, facilities, and personal safety. With certain exceptions, such as threats of physical violence and unlawful harassment, the expression of ideas through speech in College facilities and outdoor spaces is protected by the First Amendment of the United States Constitution subject to reasonable and content-neutral rules for the time, place and manner of expression restrictions the College imposes.

Freedom of speech is guaranteed by the Constitution and includes protection for speech that some find offensive, uncivil or even hateful. Diversity of opinion or perspective is one of the greatest strengths of our public honors college. It also means that members of our community may sometimes hear ideas they strongly disagree with and find deeply offensive. It is the College’s goal to encourage civility and mutual respect and to educate its communityabout how to communicate effectively and respectfully regarding contentious and disagreeable issues.

Exposure to all perspectives, including those that may be deemed disagreeable or offensive, is an essential part of the educational experience and academic life on campus

Applicability

This policy applies to all members of the College Community and other individuals or parties who utilize College facilities and outdoor spaces (Non-College Affiliate.)

Definitions

1. College Affiliate– A person who is either a student, faculty, or staff of the college.
2. College Community – All College Affiliates.
3. College Facilities: Land, buildings and physical space owned, leased, operated or otherwise controlled by theCollege, including walkways, roadways, and passageways.
4. College Operations: All operations necessary to carry out the College’s educational, health, safety and administrative functions.
5. Expressive Activity – Protected speech and assembly including, demonstrations, marches, picketing, leafleting and protesting.
6. External Speaker –An invited speaker is a person or group invited by, or on behalf of, recognized College groups or organizations or by College academic or administrative units and their administrators, to give a speech, lecture,musical or artistic performance or other live presentation at a College This policy does not apply tospeakers invited by faculty or College employees who engage external speakers for classroom presentations related to the curriculum in credit- or non-credit-bearing College courses.
7. Non-College Affiliate – Anyone who is not a College Affiliate.
8. Non-Recognized Organization: Any organization that is not a Registered Student Organization.
9. On-Campus Non-Public Areas”: on campus spaces and areas necessary to conduct College Operations, including all College-owned, leased or otherwise controlled buildings and property to include: offices, lobbies, classrooms, dining hall, student residences and the corridors and hallways leading thereto, and areas that must bereserved pursuant to College procedures, including conference and meeting rooms in the Campus Center, College sports fields, and space controlled by Events and Conference Services.
10. On-Campus Community Accessible Areas: any outdoor property owned or controlled by the College that is not an On-Campus Non-Public Area within the same reasonably contiguous geographic area and used by the institution in direct support of, on in a manner related to, the institution’s educational and operational purposes.
11. Registered Student Organization – A student organization properly registered with the Office of Student Lifepursuant to rules set forth by the Student Government Association.
12. Scheduled Academic Hours: 8:00 m. to 7:30 p.m. Monday through Friday.
13. “Sound amplification equipment” – Any device used to amplify sound, including but not limited to electronic equipment, microphones, loudspeakers, bullhorns, etc.
14. Student Rights regarding freedom of expression are enumerated with the Student Handbook primarily under sections labeled as “Basic Rights & Responsibilities.”
15. Designated Demonstration Areas: the area designated for Expressive Activity by Non- Recognized Organizations (defined in III.H) and Non-College Affiliates (Defined in III.G), and in certain instances articulated in section IV.B.3.a of this policy.
16. Non-College Affiliate – Anyone who is not a College Affiliate.
17. Non-Recognized Organization: Any organization that is not a Registered Student Organization.
18. On-Campus Non-Public Areas”: on campus spaces and areas necessary to conduct College Operations, including all College-owned, leased or otherwise controlled buildings and property to include: offices, lobbies, classrooms, dining hall, student residences and the corridors and hallways leading thereto, and areas that must bereserved pursuant to College procedures, including conference and meeting rooms in the Campus Center, College sports fields, and space controlled by Events and Conference Services.
19. On-Campus Community Accessible Areas: any outdoor property owned or controlled by the College that is not an On-Campus Non-Public Area within the same reasonably contiguous geographic area and used by the institution in direct support of, on in a manner related to, the institution’s educational and operational purposes.
20. Registered Student Organization – A student organization properly registered with the Office of Student Lifepursuant to rules set forth by the Student Government Association.
21. Scheduled Academic Hours: 8:00 m. to 7:30 p.m. Monday through Friday.
22. “Sound amplification equipment” – Any device used to amplify sound, including but not limited to electronic equipment, microphones, loudspeakers, bullhorns, etc.
23. Student Rights regarding freedom of expression are enumerated with the Student Handbook primarily under sections labeled as “Basic Rights & Responsibilities.”
24. Designated Demonstration Areas: the area designated for Expressive Activity by Non- Recognized Organizations (defined in III.H) and Non-College Affiliates (Defined in III.G), and in certain instances articulated in section IV.B.3.a of this policy.

Procedures for Use of College Facilities for Expressive Activities

1. Scope
   1. This policy applies to Expressive Activities of the College Community and Non- College Affiliates in On-Campus Community Designated Areas. Expressive Activity, as defined by this policy, is not permitted in On-Campus Non-Public Areas except in accordance with College policy and procedures.
   2. This policy designates the following location(s) as the Designated Demonstration Area(s) for Expressive Activity by Non-Recognized Organizations and/or Non- University Affiliates:

The Campus Center Patio 47600 Mill Field Dr

St. Mary’s City, MD 20686

1. 3. Content neutrality, programmatic space availability, continuity of operations, protection of facilities, and public safety will be the primary consideration behind planning an Expressive Activity.
   4. This policy does not create any rights beyond those provided under the United States Constitution and the Maryland Declaration of Rights as interpreted by Federal and Maryland courts.

2. Guidelines for Expressive Activity by College Affiliates in On-Campus Community Accessible Areas
   5. On-Campus Community Accessible Areas will be available for Expressive Activity by College Affiliates based on a rolling priority basis of when the first application is received that contains all the pertinentinformation to make a reservation for the date and time space is available. The College reserves the right to limit the number of hours per use and per month of Expressive Activity to ensure ample opportunity for other organizations to use the designated area so alternative viewpoints can be heard.
   6. The preferred location for Expressive Activity by College Affiliates is Campus Center Patio. If this space is already reserved, an alternative date and time for the activity will be arranged. Confirmed reservation holders for Campus Center Patio will have uninterrupted and sole use of the area for the time specified in the reservation.
   7. Students and/or faculty or staff planning an Expressive Activity must contact via email the following offices, as applicable, at least 3 business days in advance of any planned Expressive Activity: the Office of the Vice President for Student Affairs (Students, Student groups and staff); and the Office of the Provost and Dean of Faculty(faculty). The purpose of the advance contact is to determine the availability of space and to discuss this time, place and manner policy. The persons or groups interested in using On-Campus Community Accessible Areas for Expressive Activity must provide the date, time and duration of the proposed activity and the number of participants reasonably expected to attend.
      1. Individual and small group exception. Expressive Activities involving ten (10) or fewer College Affiliates may occur in On-Campus Community Accessible Areas without providing advance contact to the offices identified in Section IV.B.2., provided these activities do not otherwise violate this Policy, including, but not limited to, not interfering with any functions for which space has been reserved in advance or unreasonably disrupting College Operations. Should an Expressive Activity under this section grow to exceed more than ten (10) individuals, the College Affiliates will be required to move their Expressive Activity to the Designated Demonstration Area. Accordingly, the College encourages all persons planning Expressive Activity, regardless of size, to contact the offices identified in Section IV.B.2 to discuss these policy guidelines and how they might apply to the planned event.
      2. Spontaneous demonstration exception. Occasionally, events occur that lead to immediate public outcry, and this policy is not designed to limit students’ rights to protest such events. Spontaneous demonstrations or protests may be held by Affiliates in On-Campus Community Areas without advanced notice provided these activities do not otherwise violate this Policy.
         1. The College retains authority to determine, in a content neutral manner, whether to allowsuch unscheduled spontaneous events to proceed, so long as the unscheduledspontaneous event does not unreasonably disrupt SMCM Operations, violate the protected Expressive Activities of others, endanger the safety of others, or risk destruction or obstruction of SMCM property and/or facilities; or to require the individual(s) to make a reservation pursuant to Section IV.B.1. Such events may not interfere with any functions for which that space has been reserved in advance. In addition, all other rules regarding Expressive Activities shall apply.
         2. College Affiliates may not circumvent the usual reservation requirements by claiming to be spontaneous.
         3. In determining whether Expressive Activity is spontaneous or planned, the College may consider any relevant evidence including:
            1. Whether signs or placards used at the activity were commercially produced;
            2. Whether security was alerted, or media contacted, substantially in advance of the activity; or
            3. Whether other circumstances demonstrate advance planning.
   8. No Amplified Sound is permitted
   9. Signs, banners, flags and similar items that are carried should be constructed entirely of soft material such as cardboard or cloth and should not be attached to rigid sticks or poles. The College reserves the right to limit use of items constructed of rigid sticks, poles or other potentially dangerous materials.
   10. Student organizations and College departments may sponsor events that include invited Non-College Affiliates but must not reserve space or act as an agent on behalf of an individual, group, business or organization. Non-College Affiliates participating in sponsored events are required to comply with this Policy, and College Affiliates will be held accountable for the invited Non-College Affiliates’ compliance with this Policy.
3. Guidelines for Non-College Affiliates Use of College Facilities
   11. Non-College Affiliates wishing to reserve College Facilities for events must contact the Office of StudentAffairs via email and follow the appropriate facility reservation procedures. Each reservable facility will have an approved pricing structure and must be approved in advance. Approval of request will be subject tothe terms and conditions of the use of space agreement and based on space availability.
   12. Non-College Affiliates seeking to engage in outdoor Expressive Activity may request via email to use the Designated Demonstration Area IV.A.2 subject to the following:
       1. Any such request may be made with Office of Student Activities at least 7 business days, in advance of the date of the anticipated activity. Non-College Affiliates should also contact the College’s Office ofPublic Safety in advance of any scheduled activity.
       2. Events & Conference Services will respond within a reasonable amount of time (not to exceed 48 hours)to a reservation request and will review the requests in the order completed applications have been received after giving priority to College Affiliates.
       3. Approval of reservation requests will be based on the availability of the Designated Demonstration Area(s), frequency of times reserved or length of use by same Non-College Affiliates and stated expected use of thearea without regard to the content or viewpoint of the Expressive Activity.
       4. A copy of the approved use request must be made available for inspection upon request by College officials.
   13. Requests for use of areas on campus during Scheduled Academic Hours may be denied for the following reasons: violation of the Conditions of Use as set forth in section IV.E., a prior request having been granted for the same time and location, or failure to comply with the provisions of this policy. If a request is denied, the applicant will be informed of the reason in writing no later than the first business day following the request. If a request is denied because of a failure to comply with this policy, the applicant will (where feasible) have the opportunity to propose measures to correct the failure to comply with the If a request is denied becausespace is not available, reasonable accommodations will be offered. Requests will be evaluated in a content-neutral and viewpoint-neutral manner.
   14. If a request is denied, the applicant may, within five (5) business days after the denial, appeal the decision to the appropriate Vice President who will review the grounds for the appeal and determine whether the request to use College Facilities and decision rendered were in accordance with the College’s policy. The appropriate Vice President or designee will respond no later than the first business day following the appeal. The Vice President’s decision is final.
4. Invited External Speakers and Events

To adequately plan outreach, logistics and other details to maximize a healthy exchange of views in a safe andsupportive environment, the College requires advance notice of external speakers prior to invitations being extended. To that end, the following guidelines are designed to (1) enable adequate institutional preparation for events that involve external speakers and (2) ensure the College anticipates and plans for any risks involved, including responsibilities under the law, public safety, and alignment with College policies.

15. 15. 15. Non-College affiliated speakers must be sponsored by a College department or by a registered student organization.
        16. Prior to officially inviting an external speaker to campus, the sponsoring College organization, unit, or group must submit its intent through the online External Speaker Intent Form at least 45 days before the desired date of the event. The form must be submitted to either the Office of the Provost and Dean of Faculty (required forinvitations for faculty and staff) or to the Office of the Vice President for Student Affairs (for invitations made by students). The Office of the Provost and Dean of Faculty or the Office of the Vice President for StudentAffairs reserves the right to request additional information to assess potential risks thoroughly to the campus, community safety, and alignment with the College’s mission and core values. In all instances, those sponsoring a speaker(s) are responsible for making the necessary provisions to maintain the peaceful demeanor of the assembly, including the arrangements for staff or ushers or other self-governing services incooperation with the assigned College security personnel.
        17. The External Speaker Intent Form will then be forwarded by the Office of the Provost and Dean of Faculty orthe Office of the Vice President for Student Affairs to the Office of the Vice President for InstitutionalAdvancement for review to ensure timely scheduling of facilities and adequate institutional preparation for the event.
        18. These events may be ticketed events and first priority for these tickets will go to SMCM students, followed by SMCM employees and emeriti.
        19. The College will neither permit nor condone unlawful activities in its facilities or on campus property.
        20. Signs attached to rigid supports or framework, such as attached to a pole, concrete base, beams or columns, are prohibited inside campus buildings.
        21. During the course of the event in which he or she participates, no speaker shall:
            1. Act in violation of the law
            2. Incite hatred or violence.
            3. Discriminate against or harass any person or group on the grounds of their sex, gender identity, race, national origin, ethnicity, disability, religion and belief, sexual orientation, socioeconomic status, or age.

5. General Conditions of Facilities Use for Expressive Activity
   22. Expressive Activity must comply with applicable Federal, state and local laws, including, but not limited to, this policy, other applicable College policies, regulations established by the State Fire Marshall, traffic laws, and ordinances regarding sound amplification systems. In addition, the following activities are prohibited:
       1. Disrupting the College’s Operations, or obstructing or disrupting other authorized or approved activities on the College’s campus;
       2. Blocking entrances to or otherwise interfering with the free flow of vehicular, pedestrian or other transportation modes (including but not limited to golf cart, bicycle, skateboard, roller blades, etc.) into and out of College Facilities or parking lots or into or out of the campus itself. The right of way on streets and sidewalks must be maintained;
       3. Unauthorized construction or erection of any temporary, permanent or semi- permanent structures on College grounds without prior approval;
       4. Overnight camping or lodging on campus grounds or in College facilities, except in authorized facilities;
       5. Any discriminatory, harassing or threatening conduct toward any person, obscene or lewd conduct, disturbance of the peace or unlawful assembly;
       6. Theft, misuse, or destruction of College property or equipment;
       7. Sound amplification;
       8. Commercial solicitation (e.g., advertisements, solicitations or testimonials for goods or services offered for sale; distribution of commercial leaflets, fliers, handbills and/or circulars);
       9. Any violent Expressive Authority causing injury to persons or property or any activity that appears to create the threat of imminent harm must be reported to the Office of Public Safety.
   23. Speakers–including individuals engaged in Expressive Activity–shall not be subject to harassment, nor shall counter-protesting infringe on others’ right to hear the speaker. At the same time, members of the College Community shall have the right to peacefully protest any such activity.
   24. Activities that violate this policy may be subject to modification, intervention by the Office of Public Safety, the St. Mary’s County Sheriff’s Department, and/or cancellation. The President will be consulted beforesuch actions are taken, except in extreme emergencies.
   25. The College reserves the right to provide security when appropriate to uphold the rights and/or to protect the safety of speakers and members of the College Community.
   26. In accordance with Maryland Code Ann., Educ. Section § 26-102, as amended, individuals on College property may be required to provided identification and evidence of qualification to a College official upon request. Evidence of qualification means evidence that the individual is a bona fide, currently registered student, staff, or faculty member at the institution, emeritus/a in good standing, or has lawful activity to pursueat the Failure to provide identification to a College Official upon request is a violation of this policy and may result in disciplinary action.
   27. Non-College Affiliates engaged in Expressive Activity shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other non-commercial printed matter only within the Designated DemonstrationArea(s). College Affiliates participating in Expressive Activity shall be allowed to distribute such materials in On-Campus Community Accessible Any such materials which are discarded or dropped in or around the activity area(s) by those distributing the materials, other than in an appropriate receptacle, must beretrieved and removed or properly discarded by those persons distributing the material prior to their departure from the designated activity area(s). Leaving materials unattended on a surface to be picked up is considered littering, not distribution. If Facilities Management is called to clean the area after an event, thegroup that was granted the reservation will be charged for the cost of their services if it is determined that the materials were left by the distributing party.