Appendix R: Policies Regarding the Limits of Free Expression and Protest
Policies Regarding the Limits of Free Expression and Protest
Centre recognizes the historical importance of nonviolent public demonstration and protest. Activism enables community members to publicly display their concerns, their values, and their aspirations. The College affirms the right of all Centre community members (students, faculty and staff members) to assemble peacefully to evince dissent and to call on others to take action, including engaging in peaceful protest and demonstration.
The rights to demonstrate and protest are limited to members of the campus community (students, faculty and staff members). Demonstrators are encouraged to go through the appropriate process to reserve spaces in advance of any protests. The point of asking members of the campus community to reserve space is not to restrict speech or assembly but to help ensure that the College addresses competing demands on limited campus space and balances the needs of protesters with those of other members of the campus community (See IV., below, Reserving Space for Demonstrations and Protests). After being asked to relocate and after being given appropriate warnings, protestors who fail to comply will be in violation of this Policy and possibly other provisions of applicable codes of conduct (see IX. Protocols for Discipline, Mediation and De-escalation below).
I. In-Person Protest in Outdoor Spaces
Generally, unless such a space is already reserved or being used by the College or another sanctioned group, members of the campus community can use common outdoor grounds for purposes of expression or protest, except as limited by this Policy. If, for example, a space such as the lawn or plaza in front of the Campus Center has been reserved by another group, then protesters will likely be asked to move to a different location.
II. Other Venues for Speech, Which Require Reservation or Approval:
• Indoor spaces, requiring reservations, on Centre’s campus
• Common indoor spaces, which are not customarily reserved by individual groups
• Posting announcements and flyers on campus bulletin boards
• Displaying banners in the Campus Center
• Using table displays in Cowan
• Including announcements in the College’s weekly email
• Posting to the College’s Events Calendar
• Using the College electronic display boards in the Campus Center
• Chalking the sidewalk
III. Guidelines for Protest and Demonstration
Students, faculty and staff may peacefully express themselves and assemble in-person to demonstrate, conduct teach-ins, or gather for performances, but Centre College retains the right to regulate the time, place, and manner of these modes of expression. In no case may such persons disrupt classes, the delivery of educational content, research, administration, disciplinary proceedings, or other campus activities (e.g., lectures, performances).
The right to engage in peaceful assembly, protest, or demonstration does not confer upon any community members the right to violate other policies of the College or to:
- ●Incite or threaten physical violence, or act abusively toward a community member or guest of the College
- ●Knowingly and/or without evidence spread untruths about members of the Centre Community.
- ●Compromise the physical safety of members of the campus community.
The term “disrupt” is intended to mean an unreasonable impediment or distraction to the relevant activities. Different people might find different things “disruptive.” For the purposes of this document, disruptive conduct is: Conduct that materially and substantially interferes with or obstructs the learning process; materially and substantially interferes with official College activities; or compromises the safety and well-being of other members of the community.
For example:
- ●If the volume of a chant outdoors makes instruction difficult, this would be a disruption. But the mere presence of protesters outdoors is no disruption to the activities of a classroom.
- ●If protesters shout down an invited speaker or obstruct the audience’s view, making it difficult for a speaker to be heard or seen, this would be a disruption. But walking out or holding up a sign that does not significantly obstruct anyone’s view would not be a disruption.
- ●If protesters block a wheelchair ramp, making it difficult for someone to access a building, this would be a disruption. But if a group of protesters, not on a sidewalk or walkway, are in the way of someone taking a shortcut to an administrative building, this is no disruption.
Freedom of speech means that community members may speak their mind, even if it makes others, including community members, uncomfortable. But mere discomfort is not a disruption or considered prohibited behavior.
The term "property damage” means unauthorized alteration to property that requires labor from College employees that extends beyond normal maintenance to return the property to its previous state. Thus, spray paint, significant litter, trampled flowers, trees, or bushes, and broken windows or doors are all instances of property damage. Any normal wear that would be expected from permitted use (e.g., areas of worn-down grass), and lingering posters on bulletin boards do not constitute property damage.
IV. Reserving Space for Demonstrations & Protests
Students, faculty and staff members wishing to use space for demonstrations, teach-ins, protests, etc. are encouraged to follow the College’s standard procedures for space reservation. Not all spaces require reservations, but a reservation made according to policy makes it more likely that the space will be available for the proposed event. Individuals and organizations outside Centre College are not normally allowed to use or reserve College spaces, unless they have been granted permission by the appropriate office.
V. Postering, Chalking, Banners, Signage, the use of Bulletin Boards, and the Creation of Structures
These policies are intended to promote the exchange of information and ideas within the college community. Consistent with Centre’s policies on free speech, these policies state reasonable time, place, and manner regulations that apply to postering, chalking, and structures on Centre’s campus. Only Centre community members (students, faculty and staff members ) may engage in these activities in accordance with these policies, absent permission from the Centre College administration.
Chalking
Chalking is permitted only on sidewalks or paved walkways (which means chalking may not take place on brick, on any building, or on any vertical surface) where rain can naturally remove it. Groups may not take over so much walkway space that other groups are prevented from their own chalking. Unauthorized persons must not remove or chalk over the chalking of others. The facilities department normally removes chalking that is not naturally washed away after 48 hours unless there is an event (e.g., graduation, opening convocation, move-in, admitted students days) for which they are readying the grounds. Like all other modes of expression, chalking that does not conform to the guidelines for free expression may be subject to disciplinary policies. Members of the Centre Community intending to chalk need to notify the Student Life Office ahead of time so that, if questions arise about the chalking or removal of chalking, the Student Life Office knows whom to contact. Faculty members may have students in their classes chalk on the sidewalks as part of class activities without prior notice or permission.
Placards, Posters, and Signage
Temporary placards, banners, and signs are permitted during demonstrations. Signage must not obstruct permanent signage. Students may affix signs in their personal residential spaces and on their own residential doors, provided that they conform to residence hall rules (these rules do not permit posting of signage that is visible from outside the residential building). Consistent with rules of academic freedom, faculty members have the right to affix signs on their own office spaces and doors. Staff are generally more limited in their office and work environments and must adhere to the policies set by their supervisors.
The following rules apply to posters or similar items such as flags and banners (called “posters” in this section):
Posters for bulletin boards must conform to Centre’s Publicity Policy.
- ●Format: Posters may not be affixed using any damaging materials (e.g. glue, staples, or tape, unlike painter’s tape, that cannot be easily removed). Thumbtacks or push pins should be used on bulletin boards but may not be used on any interior or exterior woodwork or walls.
- ●Content: Poster content must adhere to the general guidelines for protected speech on campus. Posters for an event must provide the name, date, time, and location of the event, and the name(s) of the sponsoring organization(s).
- ●Removal: Authorized staff periodically clean public bulletin boards and other designated spaces. Event posters can remain up until after the event date. Other posters (such as informational posters) may remain up longer but may be taken down after one week, unless a duration is specifically requested. Faculty or Staff members may remove posters that do not comply with this policy; however, no one other than the person or members of the group who posted a poster may remove, deface, obscure, or destroy existing posters. Students and employees who wish to use electronic signage, etc. must seek permission from the Student Life Office.
- ●Students who wish to put posters up on bulletin boards designated for particular programs, events, or departments must seek permission from the department or program that manages the bulletin board. If there is not a person with such a department or program to ask, then a student must seek permission from the the Student Life Office.
Structures
Unless otherwise permitted, no individual or group may erect or place any structure (e.g., a wall, barrier, tent, sculpture, placard, or similar object) (“Structure”) on or in an outdoor space. Appointed staff members, without advance notice, may remove any Structure that violates this policy.
Exceptions to this policy require advance written permission from the following people:
- ●Student Life Office for residential and non-academic College spaces.
- ●The Senior Administration of Centre College for any spaces on campus that are primarily for academic activities.
VI. Personal Expression
Centre students and employees may not claim to represent the views of the institution or make significant use of Centre resources to support their personal expression.
VII. Policies on Freedom of Expression among Non-Centre Individuals and Groups
*Note: invitations to speakers/performers by individual students (outside of the process outlined in the Student Handbook) are not afforded these same rights.
While members of the Centre community (defined as students, faculty and staff members) have the right to free expression, as defined by the policies set forth herein, non-Centre individuals and groups are not afforded these same rights. Any non-Centre individuals or groups who have not been formally invited by faculty members, recognized student groups, or the administration to speak, perform, or gather on campus, may be asked to leave at any time for any reason. In the event that a speaker/performer professes or represents ideas that are offensive or troubling to members of the Centre community, groups have the right to protest, but the expression of officially approved invited guests may not be limited.
VIII. Free Expression in Relationship to Centre’s Codes of Conduct
Students, faculty and staff members may not engage in conduct that violates the student, faculty, and staff codes of conduct, respectively. This includes intimidating, threatening, and harassing other members of the campus community (in-person, online, or virtually). See Proscribed Conduct for Students.
Also see Performance and Conduct Expectations for faculty members and staff.
Consistent with the rules of academic freedom, faculty members are permitted to share opinions, even controversial opinions, on campus and virtually. Because of Centre’s commitment to free speech, this is not, by itself, grounds for discipline or official censure of any sort. For discipline or censure to occur, a faculty member would need to be in breach of other aspects of this policy.
IX. Protocols for Discipline, Mediation, De-escalation in the event that conduct guidelines and rules governing free expression are not observed.
For serious infractions of this policy and/or the codes of conduct delineated for Centre community members (e.g., clear violations of the harassment or discrimination policy or acts of property destruction), no warnings need be given and immediate disciplinary action may be undertaken.
Protocol and Provisos for Mediation and De-escalation
The College administration will use its best efforts to de-escalate a situation by having officials who have been trained in mediation and de-escalation methods speak with individuals, groups, or leaders of groups involved in the demonstration. If an employee or group of employees, who have been trained in mediation methods, offer and are readily available to attempt to negotiate a peaceful resolution, the administration may choose to allow that attempt. If the administration deems this option not feasible, or the volunteer employees are not available, or a negotiation of any sort fails to bring about a resolution in a reasonable period of time, then the administration may order the dispersal of the persons who have refused to comply, and failure to disperse will be grounds for discipline and sanction.
The College recognizes that calling upon public law enforcement to assist with quelling a demonstration or with removing persons from campus is an action of last resort. Absent imminent risk of harm to person or property, the administration will provide a clear verbal warning to the people involved that outside law enforcement may be asked to assist with dispersal, if absolutely necessary.
For internal College disciplinary matters, the College’s normal practice, in compliance with federal and other applicable privacy law, is to withhold as confidential student and personnel records from release to public law enforcement, media, or other persons outside the College. The College will comply with a legal order to release information as necessary.