AP 3900: Expressive Conduct
References:
NWCCU 2020 Standard 2.B.1 & 2.B.2
ORS 260.432
ORS 341.290
BP 3900 – Expressive Conduct
BP 3430 and AP 3430 – Prohibition of Discrimination and Harassment
AP 3432 – Workplace Harassment
AP3501 – Campus Security and Access
AP 3905 – Posting
Authority and Purpose
Rogue Community College (RCC) is a public institution of higher education whose authority to regulate access to its property is provided by ORS 341.290 and affirmed through AP3501 – Campus Security and Access. RCC’s property and resources are primarily dedicated to academic, administrative, and related operational functions.
As an institution that highly regards the freedom of speech, freedom of expression, and right to peaceably assemble, RCC affords groups and individuals an invitation to exercise such freedoms on its grounds. The purpose of this administrative procedure is to facilitate expressive activities consistent with BP 3900 while ensuring that such activities do not interfere with College operations and the learning environment.
For anyone lawfully present on the College’s campuses, the outdoor common and indoor common areas are designated as venues for free expression, including spontaneous expression, speeches, demonstrations, and the distribution of information.
Summary
As an educational institution, RCC embraces healthy dialogue and constructive exchange of ideas. We welcome and encourage the expression of all perspectives on all topics. We have space and time available on our grounds for speakers and activists to conduct expressive activities and will strive to be reasonable hosts with all of our students, employees and campus guests. Anyone who wishes to engage in commercial solicitation is required to reserve time and space for such activities following the appropriate process.
The term “expressive activity” includes such activities as:
- Meetings and other group activities;
- Speeches, performances, demonstrations, parades, marches, rallies, vigils and other events;
- Distributions of informational materials, such as circulars, newspapers, leaflets and pamphlets;
- Any other expression, including spontaneous expression, protected by the First Amendment to the U.S. Constitution.
RCC is also determined to maintain College operations, including an environment that enables student learning, which is our primary objective as a college. Expressive activities and the learning environment require a balanced approach for all involved. Our practices are designed to create optimal conditions for expressive activities and academic success.
Because expressive activities take many forms and sometimes occur spontaneously, RCC employees, including campus safety officers, may observe and interact with participants and attendees.
We are committed to treating people with dignity and respect. We also are concerned with:
- The safety of all persons, including people engaged in expressive activities;
- Averting disruptions to the learning environment;
- Protecting RCC property and ensuring that operations are not adversely impacted;
- Ensuring compliance with all applicable local, state, and federal laws. Violations of such laws may subject individuals to warnings, citations, arrests, or criminal prosecutions.
Time, Place, and Manner Regulations
While RCC maintains its authority to regulate the time, place, and manner of expressive activities, it shall not consider or regulate the content or viewpoint of expressive activities, including by restricting students’ expression based on concerns about other person(s)’ negative reaction to that expression.
When expressive activities occur, RCC will work to ensure that such activities transpire without interference by the College, provided the learning environment and operations are not substantially and materially disrupted, and campus safety is not compromised by said expressive activities. If persons react negatively to expressive activities occurring on the campus of RCC, the College will take necessary steps to ensure campus safety while allowing the expressive activity to continue, unless the College’s operations are materially and substantially disrupted.
Time
Expressive activities, as defined by this administrative procedure, are allowed on RCC campuses during the periods that College facilities are open to the public.
Place
For purposes of this administrative procedure, the terms “outdoor common” and “indoor common” refer to such areas as:
- Lawns, sidewalks, benches, and other outdoor areas that are not otherwise reserved for use. These outdoor common areas are defined by RCC as a traditional public forum.
- The indoor seating/gathering area of the Student Commons located in Building SC of the Redwood Campus, and the indoor lobby area of the East Student Commons in Building A of Table Rock Campus, unless either is otherwise reserved for use. These indoor common areas are defined by RCC as a limited public forum.
For purposes of this administrative procedure, the peaceful distribution of informational materials in the indoor and outdoor common areas does not represent a substantial or material disruption to the learning environment at the College.
Manner
The use of these areas reserved and open for expressive activities is subject to the following:
- No person using the areas shall touch, strike or physically impede the progress of passersby, except for incidental or accidental contact or contact initiated by a passerby.
- Persons using areas shall not use any means of amplification that creates a noise or diversion that disturbs the orderly conduct of the campus or classes taking place at that time.
- Persons using the areas reserved for expressive activities shall not disrupt the orderly operation of the college.
In addition - no expressive activity at RCC shall be permitted to:
- Constitute a genuine threat, discrimination or harassment in violation of AP 3430, BP 3430 and AP 3432;
- Block access to campus buildings;
- Impede ingress or egress to the College or any College property, pedestrian pathway, parking lot, building, facility or event;
- Include the use of fire or pyrotechnics, unless specifically authorized by the College;
- Affix materials to College buildings, equipment, fences, trees or property, unless specifically authorized by the College.
Posting
Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, and members of the public, in accordance with AP 3905.
Responsibility and Applicable Laws
RCC does not assume any obligation or responsibility for the content of expressive activities or materials distributed. People engaging in expressive activities assume responsibility for damages to College property, for the cleanup of materials immediately following the conclusion of expressive activities and for remaining in compliance with applicable local, state and federal laws.
Dispute Resolution
Any student 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 procedure may file a formal complaint to the Dean of Student Success. All other individuals or groups may file a formal complaint to the Director of Risk Management. The Dean of Student Success or the Director of Risk Management, or designee, shall conduct an inquiry or investigation proportionate in scale to the nature of the complaint.
If a person is not satisfied with the decision of the Dean of Student Success or Director of Risk Management, the person may file an appeal with the Vice President of People, Culture, & Safety/CHRO. The appeal decision shall be final.
Rescinds Procedure Number: AP-041 and AP-050b
Approved: February 4, 2020
Revised: June 6, 2023
Names, titles and departments updated June 29, 2021