11.12 / Use of University Campus for Free Expression Activities

Expressive Activities Permitted

Content Neutral

Reasonable Restrictions

The University may impose reasonable time, place, and manner restrictions to prevent disruption or interference with the operations and functions of the institution, damage to property, or threats to the health or safety of the University Community, including the following:

1. Time

   By setting reasonable restrictions on the time for an Expressive Activity, the University is able to assist the organizers of Expressive Activities in holding an event that does not conflict with other University events, pose a threat to the safety of the event participants or the University Community, and does not disrupt the normal functioning of the University.

   1. Scheduled Expressive Activity

      Unless otherwise permitted under this policy or by law, organizers should provide advance notice of their intent to hold an Expressive Activity on University Premises in accordance with the Administrative Procedures in this policy. A copy of the approved notification of intent should be made available for inspection upon request by University officials.

   2. Duration

      Expressive Activity shall be restricted to 7:00 a.m. to 7:00 p.m., seven days a week. Expressive Activity may further be limited to a reasonable period of time, based on the type of event and the resources required to manage it, and it may be relocated or reasonably restricted, as provided by this policy.

2. Place

   1. Expressive Activities will be limited to outdoor venues absent extenuating circumstances or advance approval by the University.
   2. Expressive Activities may not block building access, including doorways and entryways, designated emergency driveways, corridors, parking areas, and cannot hinder vehicular and pedestrian travel, or other traffic.
   3. Expressive Activities may not be conducted within a ten-foot clearance around the perimeter and points of entry of all University buildings.
   4. Expressive Activities that are spontaneous or unscheduled should not disrupt other scheduled events and should not occupy Designated Activity Areas otherwise occupied by an event or other free expression activity.
   5. A request to reserve a time and day for an Expressive Activity must include a request for the desired Designated Activity Area where the activity will occur. Alternative Designated Activity Areas may be assigned for the proposed activity by the University Event and Meeting Services office. Consideration will be given to the number of anticipated participants, the type of activity, the anticipated time and duration of the activity, and proximity to other University-sponsored events and educational activities to avoid disruption.

3. Manner of Use

   University Premises may be used for Expressive Activity Events in accordance with this policy, subject to the following conditions:

   1. Compliance with Policies and Laws

      All events, activities, individuals, and groups must remain in compliance with all applicable University and Kansas Board of Regents policies, procedures, regulations, and requirements, and all governing federal, state and local laws, including traffic laws and noise ordinances.

   2. Unprotected Speech or Conduct

      Conduct or speech that inflicts or threatens harm, causes a breach of the peace, consists of fighting words, incites individual(s) to commit a crime or cause panic, is defamatory, or rises to the level of obscenity, is not protected Expressive Activity and is not permitted on University Premises.

   3. Safety, Threats and Harassment

      Expressive Activity must not create safety hazards or pose unreasonable safety risks to the University Community. The University may restrict Expressive Activities to ensure the safety of individuals, to prevent true threats or harassment, and to protect property. Speakers, including individuals engaged in Expressive Activity protesting, shall not be subject to harassment. At the same time, members of the University Community shall have the right to peacefully protest any such activity.

   4. Disruption, Interference, and Access

      All members of the University Community are entitled to conduct their lawful business at the University without interference or disruption. Expressive Activity is permitted so long as it remains orderly and peaceful and does not interfere with the operational, administrative, or educational activities inside or outside any University building or otherwise prevent the University from fulfilling its mission. Specifically, Expressive Activity must not disrupt classes, block access to University buildings, offices, or classrooms; the free flow of pedestrians and traffic; or otherwise infringe upon normal operations and functions.

   5. Material Distribution

      Participants of an Expressive Activity are permitted to distribute petitions, circulars, leaflets, newspapers, and other non-commercial printed material on University Premises. Participants of an Expressive Activity may not force materials on others or otherwise engage in aggressive conduct in the distribution of materials such that a reasonable person would feel harassed or forced to accept such materials. 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 be retrieved 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. Additional requirements on the distribution of flyers are laid out in 11.10 / Poster/Flyer Policy for University Grounds and Facilities.

   6. Clean Up and Damage

      To avoid excessive campus littering and the creation of additional work for University employees, individuals and groups are expected to keep utilized areas clean and return them to the same condition as before the event. Reasonable charges may be assessed against the sponsoring group or individual for the costs to repair damaged property or for clean-up that is deemed to be in excess of customary campus clean-up for campus events.

   7. Construction

      Construction of any permanent or semi-permanent structures is not permitted without prior approval of the University.

   8. Camping

      Camping or lodging is not permitted on University Premises, except in designated facilities. This includes, but is not limited to, overnight camps.

   9. Noise Level

      The noise level of Expressive Activity must not disrupt the normal functioning of the University and must remain in compliance with local noise ordinances. The following restrictions apply to the noise level of Expressive Activity: Noise level that is amplified is not permitted in areas that could disturb classes or University businesses; Noise level that is amplified is not permitted after 7pm, 7 days a week. These restrictions do not apply to Approved University Events. RSOs may be exempt from some or all of these restrictions when the RSO is hosting an Approved University Event as provided by the RSO Handbook.

   10. Commercial Solicitation

       Commercial solicitation, including advertisements, solicitations or testimonials for goods or services offered for sale; and distribution of leaflets, flyers, handbills and/or circulars advertising commercial goods or services is not protected Expressive Activity and is generally prohibited on University Premises under Policy 11.15 / On-Campus Sales or Commercial Activities by Outside Businesses.

4. Political Activity

   Pursuant to the Kansas Board of Regents policies, additional restrictions shall be imposed on Political Activity on campus. Restrictions on Political Activity can be found in WSU Policies 11.22 /Political Activities and Campus Facilities and 3.17 / Political and Lobbying Activities by Employees, and in Kansas Board of Regents Policy Manual Chapter II, Section E.16 Use of Campus Grounds and Facilities. Political conduct, such political party appearances, campaigning, electioneering or fundraising, can only occur on campus facilities and grounds as set forth in these policies.

5. Security

   The University reserves the right to mandate security when deemed appropriate by the University Police Department to uphold the rights and/or to protect the safety of speakers and members of the University Community. All requests for the employment of law enforcement officers to provide security and/or crowd control for Expressive Events held on University Premises must follow the procedures outlined by 18.01 / Campus-Wide Law Enforcement, and be coordinated through the University Chief of Police or their designee. The employment of armed or unarmed security officers to work on University Premises must be approved by the University Chief of Police.

6. Compliance, Enforcement, and Safety

   1. Failure to comply with any University or Kansas Board of Regents policies, procedures, regulations, requirements, local ordinances, state or federal laws may be considered a violation. A violation may result in University sanctions or discipline imposed on the sponsor, individual, or group.
   2. The University may suspend, cancel, restrict or prohibit any activity or event if it is determined, after consideration of the circumstances, that the activity or event creates or will create an imminent threat of danger to persons or property or will impede the University's orderly operation.
   3. The enforcement of this policy and decisions to suspend, cancel, restrict, or prohibit any activity or event are designated to the President, a Vice President, the University Chief of Police, or designees of each.

1. Approved University Event: An event, other than academic classes scheduled as part of the curriculum, which is held in a University building or outdoor space on the University campus, including University sponsored athletic events, concerts, and other events or celebrations. A University event must be sponsored or approved by an officially recognized University department or organization and align with the University's mission, (i.e., the creation, preservation, and dissemination of knowledge).
2. Business Day: Every official workday of the week. These are the days between and including Monday through Friday, and do not include public holidays, days where the University is officially closed, and weekends.
3. Designated Activity Area(s): A Designated Activity Area is an on-campus space that may be reserved for holding events for Expressive Activity(ies) or University Events by RSOs, students, faculty, staff, and other individuals or groups.
4. Expressive Activity(ies): Non-commercial expression that is protected by the First Amendment to the United States Constitution, which may include peaceful assembly, speeches, marches, protests, picketing, leafletting, and similar expressive communications and activities.
5. Political Activity: Any expression, event, or activity whose major purpose is to (1) support or oppose any candidate for federal, state, or local office, or (2) support or oppose a position on a political issue (this may include candidate debates).
6. Recognized Student Organization (RSO): Any student-led organization that has been approved and is recognized pursuant to the RSO Handbook.
7. University: Wichita State University, and University Controlled Affiliated Organizations (e.g., Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., and WSIA Investments Corporation) and Non-Controlled Affiliate Organizations (e.g., Wichita State University Foundation and Alumni Engagement).
8. University Community: Students, administrators, faculty and staff of the University and guests invited to the University by the University's students, administrators, faculty, or staff.
9. University Premises: University Premises includes University owned land, buildings and vehicles; buildings and land leased by the University from an affiliated corporation or a third party; and any other property controlled by the University that is set forth by agreement that the University may restrict access. University Premises may change from time to time, but they are designated annually in the University's Annual Security Report and on the University's Clery web page.

Seventy-Two Hours' Notice

Scheduling an Expressive Activity

1. Submission of Notice

   A notification of intent to hold an Expressive Activity should be submitted to the University Event and Meeting Services office (UEMS) through an online submission of the Notification of Intent for Campus Expressive Activities form. UEMS will review the request pursuant to this policy. Questions regarding scheduling an Expressive Activity may be directed to UEMS by emailing myevent@wichita.edu or calling (316) 978-6915.

2. Duration

   In no event shall an Expressive Activity be scheduled for more than five (5) consecutive days without the submission of a new notification of intent form. Expressive Activity locations will be available on a first-come basis and will be assigned by the University Event and Meeting Services office. Considerations will be taken regarding the information provided on the notification of intent form. University Event and Meeting Services will respond within a reasonable time period (every effort will be made to respond within 24 hours of receiving a reservation request).

Appeal of Decisions

1. If an Expressive Activity is denied space for its function, is limited in its scope, or is not permitted to be held, the sponsoring group or individual of the event may appeal to the Senior Executive Vice President and Provost (or designee). In the event the Senior Executive Vice President and Provost was involved in the initial decision, the Senior Vice President Administration Finance and Operations shall consider the appeal.
2. If the decision is upheld on appeal by the Senior Executive Vice President and Provost; then the sponsoring group or individuals of the Expressive Activity may subsequently appeal to the Vice President Strategic Communications and Marketing (or their designee). In the event the Senior Executive Vice President and Provost was involved in the initial decision, and the appeal was decided and upheld by the Senior Vice President Administration Finance and Operations, then the sponsoring group or individual of the event may subsequently appeal to the Vice President Strategic Communications and Marketing (or their designee).

Complaints of Discrimination