Student Expressive Activity and Use of College Facilities

Howard College recognizes freedom of speech and expressive activity as a fundamental right and seeks to ensure free, robust, and uninhibited debate and deliberation by students. Students and registered student organizations are expected to exercise these rights with respect for the College’s standards of conduct and should enable a climate of mutual respect and civility while fostering the freedom to debate and discuss the merits of competing ideas, including to listen to or observe the expressive activities of others.

Definitions

Expressive activity is defined as any speech or expressive conduct protected by the First Amendment to the U.S. Constitution or by Section 8, Article I, of the Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include commercial speech. (as defined in Education Code Sec. 51.9315(2))

Antisemitism is defined as a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. (as defined in Government Code Sec 448.001(2))

Amplified sound is defined as sound volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound but are subject to general rules on disruption/noise violation.

Purpose

Students and registered student organizations and employees may engage in expressive activity on campus grounds during college business hours without the need for prior reservation or registration except as set in college policies.

Expressive activity does not include expression that violates federal or state law or is disruptive to the operations of the College, including but not limited to expression that is considered harassment (to include discriminatory harassment) or antisemitism.

Materials shall not be distributed by students or registered student organizations on college property if the materials are obscene, contain defamatory statements about public figures or others, constitute impermissible solicitation, advocate imminent lawless or disruptive action or are likely to incite or produce such action. Materials that infringe upon intellectual property rights of the College are not permitted.

Reservation of Campus Grounds for Expressive Activity

The facilities and grounds of the College shall be made available to students or registered student organizations when such use does not conflict with use by, or any of the policies and procedures of, the College. The requesting students or registered student organizations may incur expenses when reserving facilities for non-college related activities in accordance with a fee schedule developed by the Board.

The College’s common outdoor areas (operated and either owned or leased by the College) are deemed traditional public forums and are not subject to the approval procedures. Students and registered student organizations may engage in expressive activities in common outdoor areas unless:

1. The student’s conduct is unlawful to include materials or expression that is considered prohibited harassment (to include discriminatory harassment) or antisemitism;
2. The use would constitute an immediate and actual danger to the peace or security of the College that available law enforcement officials could not control with reasonable efforts;
3. The use would materially or substantially disrupt or disturb the functioning of the College; or
4. The use would result in damage to or defacement of property.

Note: Per Section 61.003 (a) of the Texas Elections Code, a person commits an offense if, during the voting period and within 100 feet of an outside door through which a voter may enter the building in which a polling place is located, the person loiters or electioneers for or against any candidate, measure, or political party. Electioneering includes the posting, use, or distribution of political signs or literature.

Expressive activities on college grounds do not imply endorsement by the College.

To allow reasonable access to designated areas, students and registered student organizations may reserve college facilities for a total of fifteen days and no more than five consecutive days in a semester for use of expressive activity. The Judicial Officer is responsible for administration of this policy, including:

1. Identifying locations and establishing times for use as designated areas and identifying locations and establishing times for use of amplified sound;
2. Managing requests for reservation of campus grounds under this policy;
3. Relocating expressive activities as allowed under this policy;
4. Developing procedures for reserving areas for expressive activity and use of amplified sound and for registering for parades, marches and rallies;
5. Creating forms for use in reserving designated areas, using amplified sound, and registering for parades, marches, and rallies; and
6. Publishing the locations, times, procedures, and forms required under this policy at the beginning of each academic year.

The Judicial Officer will act on requests to reserve designated areas and to register for a parade, march, or rally no later than two business days after a properly submitted request is received. If a request is denied, the Judicial Officer will, where feasible, propose measures to address any defects in the request. When the basis for denial is receipt of an earlier request for the same location and time, the Judicial Officer will inform the student or registered student organization whose request is denied of other dates, times and locations that are available for reservation.

Advance reservation is required before amplified sound may be used on campus grounds (see Use of Amplified Sound).

The Judicial Officer or designee shall approve or reject the request in accordance with provisions and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, ideological, academic viewpoint, or other content of the expressive activity likely to be associated with the student’s or registered student organization’s use of the facility or the expected reaction of others. If a reservation request is denied, the rationale for the decision will be provided in writing. The denial of a reservation request can be appealed to the Chief Student Success/Public Information Officer (See Appeal of Decisions Related to Expressive Activity).

At the time of the request the following information will be required:

• Location, date, and time requested for the event.
• General purpose of the event.
• List of planned activities (i.e., speech or rally, march with signs, distribution of literature, sit-in).
• Contact information for the person or organization sponsoring the event, as well as contact information for an individual who will be present during the event.
• Special equipment requested.
• Anticipated attendance (i.e., number of people).

For registered student organizations, an officer of the registered student organization must be present for the duration of the event.

Use of Amplified Sound

Students and registered student organizations may use amplified sound on college campuses at designated times and locations, in accordance with college policies and procedures with advance notice and reservation.

Note: Per Section 61.004 of the Texas Elections Code, a person commits an offense if, during the voting period and within 1,000 feet of a building in which a polling place is located, the person operates a sound amplification device or a vehicle with a loudspeaker while the device or loudspeaker is being used for the purpose of making a political speech or electioneering for or against any candidate, measure, or political party.

Reasonal for Denial of a Reservation

Requests to reserve a designated area, to use amplified sound, or to register a route for a parade, march or rally may not be denied based on the content of the proposed expressive activity. Requests may be denied for reasons including but not limited to the following:

1. An earlier request to reserve the same location and time has been made;
2. The designated area or an adjacent area has been reserved for an official college function or the designated area is no longer suitable for use due to a conflict with a nearby official college function;
3. The reservation or registration form is incomplete;
4. The request exceeds more than fifteen days or is for more than five consecutive days in a semester;
5. The proposed route of a march, parade or rally will cross space that has been reserved for an official college function or space that otherwise has been reserved in accordance with this policy or the proposed route will substantially interrupt the safe and orderly movement of traffic or create a safety hazard; or
6. The request was submitted by a student or registered student organization that is not permitted to reserve space on campus under this policy;
7. The proposed use would constitute an immediate and actual danger to the peace or security of the College that available law enforcement officials could not control with reasonable efforts; or
8. The proposed use would constitute expression that is unlawful or disruptive to the operations of the College, including but not limited to expressions that is considered prohibited harassment (to include discriminatory harassment) or antisemitism.

Relocation of Expressive Activities

Students and registered student organizations engaged in expressive activities on campus may be required to relocate under circumstances included but not limited to the following:

1. The location selected for the activity is inadequate for the purpose for which it will be used (either too close to buildings, not big enough for event, etc.);
2. The activity substantially interferes with either vehicular or pedestrian traffic;
3. The activity blocks the ingress or egress to buildings;
4. The space is not available due to a prior reservation;
5. The activity conflicts with a previously planned college activity;
6. The activity creates a sustained or repeated noise.
7. The activity presents an unreasonable danger to the health or safety of the applicant or other individuals.
8. The activity is prohibited by local, state, or federal law; or
9. The activity prevents fire protection, law enforcement, or emergency medical service providers from access to areas on campus.

Subject to Discipline

All students and registered student organizations participating in expressive activity are expected to comply with state and federal laws, municipal ordinances, and applicable Howard College policies and procedures, including but not limited to this regulation. Students or registered student organizations who unduly interfere with the expressive activities of others on campus will be subject to the disciplinary policies and procedures. All students and registered student organizations who violate this regulation will be subject to disciplinary action as outlined in the applicable Student Code of Conduct and Disciplinary Policy. Violation of this regulation

may result in immediate removal from the campus, expulsion from the College and/or any other action deemed appropriate under Howard College policy and applicable law.

Responsibilities of Decisions Related to Expressive Activity

Students and registered student organizations are responsible for ensuring that their sponsored guests read and understand all obligations set out in this and all other applicable college policies. 

Sponsored guests who do not comply with this or other applicable college policies automatically forfeit their reservations and must immediately vacate college property. Repeat violations of this policy by a sponsored guest may result in loss of privilege for the sponsored guests as determined by the Judicial Officer.

Appeal of Decisions Related to Expressive Activity

Students and registered student organizations whose requests for use of campus grounds for expressive activity are denied may appeal the decision to the Chief Student Success/Public Information Officer.

The appeal must be made in writing and state the specific reason(s) the student or student organization disagrees with the decision. The appeal should include all information the student or student organization believes will assist the Chief Student Success/Public Information Officer in deciding the matter.

The Chief Student Success/Public Information Officer will issue a decision on the appeal within three business days of its receipt. The decision is final.