Expressive Activity by Students - Student Services Policy - 80400

1.1 This policy addresses organized and spontaneous expressive activity by students and student organizations at Germanna Community College.

2.1 This policy applies to all buildings, grounds, and other spaces owned or controlled by a college. The term “expressive activity” includes:

• Meetings and other group activities of students and student organizations;
• Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, and outside groups invited by student organizations;
• Distributions of literature, such as leafleting and pamphleteering; and
• Any other expression protected by the First Amendment to the U.S. Constitution.

2.2 College property is primarily dedicated to academic, student life, and administrative functions. But it also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. The College may place restrictions on expressive activities occurring indoors, but especially for students and student organizations, the outdoor areas of campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.

2.3 Indoors or outdoors, the College shall not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. Nevertheless, the College may establish reasonable time, place, and manner restrictions on expressive activity. Such restrictions must be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information.

2.4 No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations.

2.5 The Vice President of Student Services is responsible for implementing this policy. Inquiries regarding this policy should be directed to the office of the Vice President of Student Services.

3.1 Facilities Use Provisions

A. All events must have an institution-affiliated sponsor or be pursuant to a signed facility use and/or rental agreement with an external third-party user that obligates the third-party user to comply with the College’s use rules. Both institution-affiliated and external third-party users must designate someone onsite or immediately available throughout the event who is responsible for ensuring compliance with use rules.

B. Certain locations are altogether prohibited from usage for events, including designated student housing, administrative buildings, and academic buildings during instructional time.

C. An advance reservation process with a written agreement is required. The agreement must include specified times and identified locations for the reserved use. Such reservation must include an agreement to follow College facility use rules and to comply with all federal, state, and local laws. The reserving individual must acknowledge these obligations and agree to comply.

D. Groups and individuals participating in the facility use activities are accountable for compliance with the provisions of this policy. Violations of this policy may be grounds for disciplinary action against students and employees. Violations of this policy also constitute grounds for revocation of the user’s facility use permit. Individuals or groups who invite non-College participants may be held accountable for such participants’ compliance with this policy.

E. No illegal activity is permitted at events.

F. Disrupting or obstructing the normal learning, living, or work environments of other members of the College community or the functions or activities of the College (as well as activities conducted on the College’s property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the College community or larger public.

G. The construction or occupation of a Camping Tent is prohibited.

1. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings.  Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.”
2. A “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles. 
3. All tents require advance approval through the facility use approval process.  Only Event Tents shall be permitted to remain on the property overnight.  All other tents of any type must be removed no later than 10:00 p.m.
   1. “Event Tent” is a non-Camping Tent and is not less than 400 square feet or a tent that requires skilled or professional installation and removal.
      1. Event Tents must comply with all other Use of College Facilities – Facilities Management Policy 20010. 
      2. Event Tents may not be occupied or used during the hours of 10:00 p.m. to 6:00 a.m.
4. Camping is prohibited on property owned, leased, or operated by the College, Virginia Community College System, or their foundations. 
   1. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
   2. “Camping” does not include the use of College, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a College, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture on College, VCCS, or foundation owned property for recreation or studying activities outdoors during the hours of 8:00 a.m. to 10:00 p.m.
5. These prohibitions shall not apply to the College, the Virginia Community College System Office, or the College or System foundations or to Non-Camping Tents erected for their use.
6. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.

3.2 Reserving Campus Facilities:

3.2.1 Students and student organizations may request to reserve campus facilities on a first-come, first-served basis. These requests may be denied for the following reasons only:

• The requested venue is an indoor facility that the college has designated as not available for expressive activity as defined under section 6.5.2.0(a)(3) of this policy;
• The requested venue is an indoor facility and the request conflicts with restrictions enacted according to section C of this policy;
• The venue is already reserved for another event;¹
• The activity will attract a crowd larger than the venue can safely contain;
• The activity will substantially disrupt another event being held at a neighboring venue;²
• The activity will substantially disrupt college operations (including classes);
• The activity is a clear and present threat to public safety, according to the college’s police or security department;
• The activity will occur during college examination periods; or
• The activity is unlawful.

3.2.2 During an event, the student or student organization requesting the reservation is responsible for preserving and maintaining the facility it reserved. If it causes any damage to those facilities, the person(s) or organization (and its officers, if applicable) shall assume responsibility.

3.2.3 When assessing a request to reserve campus facilities, Germanna Community College and its administrators will not consider the content or viewpoint of the expression or the possible reaction to that expression. The College and its administrators will not impose restrictions on students or student organizations due to the content or viewpoint of their expression or the possible reaction to that expression. If other persons react negatively to a student’s or student organizations, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

3.3 Spontaneous Expressive Activity:

3.3.1 No indoor facilities, other than those listed below, shall be used by students or student organizations for the purpose of spontaneous expressive activity:

• Daniel Technology Center – Front lobby, next to the grand stairwell.
• Dickinson Building – Student activities lounge and lobby adjacent to the student lounge
• French Slaughter Building – Student lounge and lobby adjacent to the student lounge
• Science Engineering and Information Commons – Second floor, near the elevator
• Stafford Automotive Center – Front lobby
• Barbara J. Fried Center in Stafford – Student lounge

3.3.2 For outdoor campus facilities and areas, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not (a) block access to campus buildings, (b) obstruct vehicular or pedestrian traffic, (c) substantially disrupt preciously scheduled campus events,[3] (d) substantially disrupt college operations, (e) constitute unlawful activity; or (f) create a clear and present threat to public safety, according to the college’s police or security department.

3.3.3 No college personnel may impose restrictions on students, student organizations, or their sponsored guests who are engaging in spontaneous expressive activities due to the content or viewpoint of their expression or the possible reaction to that expression. If other persons react negatively to these activities, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

3.4 Implementation Report:

3.4.1  Germanna Community College will include this policy in its student handbook, on its website, and in its student orientation programs.

3.4.2   Members of the campus community and invited guests should report incidents of disruption of constitutionally protected speech to our online reporting system called TIPS which also provides contact information to a designated college official and in cases of an emergency, contact information for campus police or campus security.

3.4.3   Germanna will maintain materials on the policy and provide such materials to any employee responsible for the discipline or education of enrolled students. Germanna may also provide such materials to other employees if so desired.

3.4.4   All college policies and materials on expressive activities must have prior approval from the Office of System Council.

3.4.5   Germanna has policies and procedures to comply with the requirements of Va. Code 23.1-401.1, and notify the Office of System Counsel as soon as practicable, but no later than 20 days after being served with a complaint when served with a complaint that alleges a violation of the First Amendment.

¹ If multiple individuals or organizations submit conflicting reservations requests, the following order of precedence shall govern: (1) official college sponsored activities and events; (2) recognized student organization activities and events; (3) student activities and events; and (4) all other activities and events.

² The expression of completing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.

VCCS Policy 6.5.1

Vice President of Student Services

College Council: 04/25/14; 07/25/14

President’s Council: 04/21/14; 04/18/14

College Board: 09/18/14; 11/19/18