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Free Speech, Civil Discourse, and Peaceful Assembly Policy

Updated September 2024

Table of Contents

Purpose 
Definitions 
General Policy Statement 
Specific Policy Requirements: Conduct Restrictions and Limitations
Specific Policy Requirements: Identification Cards 
Specific Policy Requirements: Potential Sanctions for Policy Violations 
Specific Policy Requirements: Free Speech and Assembly Activities by Students/University/Internal Users 
Specific Policy Requirements: Free Speech and Assembly Activities by External Users 
Specific Policy Requirements: Termination of Protests and Assemblies 
Appendix A. Designated Public Forum 

Purpose

The State University of New York (SUNY) respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. SUNY values the free expression of ideas and supports individuals’ right to assemble.

SUNY Oswego promulgates this policy to provide meaningful opportunities for members of our community to express their views and to ensure that the time, place, and manner of such expression does not interfere with the safety and security of our University community or disrupt the regular operations of the University.

Definitions

  1. Designated Public Forum: SUNY Oswego has designated the following as public areas for the purpose of peaceful and orderly assemblies by all Users subject to the other provisions of this policy: The south side of the recessed concrete surface in the academic quad between Hewitt Hall, Mahar Hall, and Lanigan Hall, commonly known as “The Sundial,” not including the sidewalks surrounding The Sundial (see Appendix A). The south side of The Sundial is one of the most highly trafficked areas on campus by students, faculty, staff, and visitors.
  2. Designated Public Areas of Grounds: means the Designated Public Forum and sidewalks/walkways/paved areas on University owned property except for building entrances and access points; the lawn between Rich and Park Halls; and the field between the Marano Campus Center and the Cooper Dining Hall.
  3. Internal User: refers to any University school/college, department, office, committee (including task forces, working groups, etc. doing official University work for the University), or Registered Student Organization. Internal Users have University privileges to reserve and use spaces and to publicize Events and programs that are not available to other Users.
  4. University User: refers to individual SUNY Oswego students (see definition of student in the SUNY Oswego Student Code of Conduct) and employees of the University, Auxiliary Services, the Oswego University Foundation, the Alumni Association, or the Student Association of SUNY Oswego.
  5. External User: refers to any person, entity, group or organization that is not an Internal or University User and is not otherwise legally affiliated with the University including, but not limited to the general public, contractors, vendors, guests and visitors to the University, those using University Facilities or property under a University revocable permit, and volunteers not enrolled as such in University systems.
  6. Non-Commercial Organization: refers to federal, state, or local governmental units, departments, and agencies; business, charitable, civic, community, cultural, educational, entertainment, industrial, labor, political, professional, recreational, and religious organizations operating on a not-for-profit basis and whose activities are consistent with and in furtherance of University purposes.
  7. Free Speech and Assembly Activities: refers to public meetings and peaceful and orderly assemblies – including but not limited to protests, demonstrations, rallies, vigils, marches, distribution of information, and picketing that are not part of or directly related to the University’s curriculum.
  8. Facilities: refers to any building, structure, indoor space, equipment, furnishings, parking lot, and/or outdoor space under the custody and control of the University and/or the University Foundation.

General Policy Statement

SUNY Oswego students and employees (and other individuals identified as “University Users” herein) are guaranteed the rights of free inquiry and expression as those rights are defined and interpreted in applicable law, including relevant federal and state judicial decisions. Subject to the requirements of this content-neutral policy, students are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies—including but not limited to protests, demonstrations, rallies, vigils, marches, and picketing—in and upon University Designated Public Areas of Grounds. Other Users as defined above may also exercise their rights to freedom of expression and assembly on University Designated Areas of Public Grounds in accordance with this policy. These rights are, however, subject to certain exceptions such as those related to “unprotected speech” and to other reasonable legal or policy restrictions, conditions, or limitations as described in this policy.

It should be noted that the Constitution and SUNY Oswego policy does not protect speech constituting threats of violence, incitements to violence, fighting words, obscenity, defamation, fraud, or other speech that violates the law. These types of speech, which are generally referred to broadly as “unprotected speech” (or as “exceptions” to the general principle of free speech), are not protected at SUNY Oswego and may in some cases subject the speaker to some form of appropriate disciplinary action by the University. Speech which does not fall into these narrow exceptions, however, will be considered and generally referred to here and in the University’s policies referenced below as “free speech” or “protected speech.”

Specific Policy Requirements: Conduct Restrictions and Limitations

SUNY Oswego will not interfere with orderly assemblies in Designated Public Areas of Grounds as specified in this policy unless participants engage in any of the following:

  1. Conduct that prevents the orderly administration of University classes, lectures, meetings, interviews, ceremonies, and other University events or University operations;
  2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;
  3. Engage in conduct that could foreseeably cause injury or damage to persons or property;
  4. Operation of audio amplification equipment in a manner that conflicts with normal University operations or that is deemed injurious to health and safety, or that is in violation of the City or Town of Oswego ordinances;
  5. Conduct violating the University’s Policy on Camping and Use of Tents, Enclosures and Similar Structures on Campus;
  6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches;
  7. Assemblies lasting more than one day, duration not to exceed 12 hours in a one-day period, and assemblies between the hours of 10:00 PM and 8:00 AM are prohibited;
  8. Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
  9. Assemblies occurring in locations other than Designated Public Areas of Grounds.
  10. The University has determined specific time periods when the use of its campus or Facilities, including outdoor spaces, are reserved exclusively for University-related activities that are at the core of the primary educational mission of the University. During these periods, no one shall be permitted to reserve or use the Designated Public Forum or other Designated Public Areas of Grounds for free speech or assembly purposes:
    1. During new student orientation days and opening weekends for the summer, fall, and spring semesters;
    2. During reading and examination periods as set forth in the current academic calendar;
    3. During graduation-related activities and events including winter and spring commencement days;
    4. During major University-wide celebrations and events such as Quest, Family and Friends Weekend, Ozfest, and Honors Convocation; and
    5. On days when any Admission event is occurring (e.g., Open House; Admitted Student Day); and
  11. Activities that violate the applicable provisions of any other applicable University policy, including but not limited to the Student Code of Conduct, the Facilities Use Policy, and the Posting Policy.
  12. In addition, the following activities are strictly prohibited:
    1. Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other University area that is not authorized, without permission;
    2. Occupation of a building after it is normally closed; 
    3. Obstruction of any roadways running through or adjoining the University’s grounds; and
    4. Use of any University buildings without express permission from responsible unit (see Facilities Use Policy).
  13. Restrictions on sound amplification for certain activities: No electronic amplification of sound is permitted in the academic quad, which includes The Designated Public Forum due to the proximity of academic buildings in which classes are held, or other locations in which amplification may disturb classes and the risk of interfering with classroom instruction is too great to allow for the use of electronic amplification methods. Therefore, the use of electronically amplified sound in locations proximal to classrooms is prohibited on class days from the time classes begin in the morning through the time that classes end in the evening.
  14. Disruption: As noted, SUNY Oswego has a responsibility to both honor freedom of expression, but also protect against those that may restrict such expression in a limited public forum. Disruption of an event or speaker, through such actions such as interfering with ingress or egress from University Facilities, heckling or shouting down a speaker, damaging property, etc. is not allowed. In the event of such activities, the violator will be asked to leave the event. If they do not leave, they will be escorted from the event. Criminal or conduct action may be initiated.
  15. Activities which will involve significant additional activities, or different activities, beyond the basic Free Speech and Assembly Activities, such as speech by invited speakers, musical or theatrical performances, or other forms of expression such as the showing of films, audio visual projections, or art displays and/or that will utilize substantial equipment such as large displays screens, video projectors, large display or bulletin boards, large and heavy tables requiring transport by more than one person (not including a light folding table), shall presumptively be considered an “Event” that is subject to the Facilities Use Policy and its registration and approval requirements.

Specific Policy Requirements: Identification Cards

All individuals participating in a Free Speech or Assembly Activity, protests and demonstrations and other events are required to provide a form of University issued or government issued identification upon request from a University official. See SUNY Oswego Identification Policy.

Specific Policy Requirements: Potential Sanctions for Policy Violations

SUNY Oswego takes compliance with this policy very seriously. SUNY Oswego University Police Department is responsible for addressing non-compliance with this policy by all persons and may address violations of this policy that constitute criminal trespass or any other violation of law. Students should expect that violations of this policy will result in disciplinary action under the University’s Student Code of Conduct up to and including interim suspension, suspension, and expulsion.

Specific Policy Requirements: Free Speech and Assembly Activities by Students/University/Internal Users

  1. SUNY Oswego respects and supports students’ efforts to exercise their rights to free speech and assembly. Students, and Internal and University Users may generally assemble for Free Speech and Assembly Activities, (orderly assemblies, including but not limited to protests, demonstrations, rallies, vigils, marches, distribution of information, and picketing), in University Designated Public Areas of Grounds, as specified in this policy.
  2. The Division of Student Affairs has designated the Office of Campus Events and Conference Services to provide the appropriate support for the successful implementation of Free Speech and Assembly Activities and strives to ensure a safe and effective assembly activity. The University will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized University business, activities, or events.
    1. Services: To help ensure the safety of participants and the protection of the rights of all members of the University community, the University can provide Services to registered student organizations, students, or other internal Users upon request, such as Services and coordination related to location, safety, crowd control, sound equipment (unless prohibited in certain areas as per University rules), tables, site preparation/cleanup, and/or other such Facilities or Services it deems necessary or appropriate (“Services”).
    2. Request for Services: For Free Speech and Assembly Activities where the need for Services is reasonably foreseeable, and for all Activities anticipated to exceed 20 participants, Activity organizers shall, within 5 business days prior to the planned Activity, submit a written request for Services by completing the Notification Form for Use of Designated Public Forum or Other Public Areas of Grounds.
    3. A professional staff member from Campus Events and Conference Services will promptly respond to the User upon receipt of the form but no later than three (3) business days prior to the proposed date of the planned Activity to confirm space availability and discuss needed Services.
    4. While every attempt will be made to accommodate all requests, some modifications to the Free Speech and Assembly Activity request may be required due to the availability of the proposed time and place of the activity. A professional staff member will inform the sponsor/organizer of these modifications and provide guidance as the assembly Activity is planned.
    5. In the event that the proposed Free Speech and Assembly Activity is planned in direct response to a current event, Campus Events and Conference Services realizes that it may not be possible to submit a request in advance. In such cases, the Activity organizer should contact the Campus Events and Conference Services as soon as possible in order to promptly coordinate the Free Speech and Assembly Activity, where reasonably possible.
    6. No Services Required: Free Speech and Assembly Activities which are anticipated to involve fewer than 20 participants, and for which the need for Services is not reasonably foreseeable or necessary as described above, may take place without any prior notification by the sponsors and/or organizers. However, conformity with the specific University rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact Campus Events and Conference Services for guidance. Activity organizers who do not request necessary Services that were reasonably foreseeable as being needed may be subject to discipline.
    7. Organizers who hold a Free Speech and Assembly Activity in conflict with a previously registered event in the same location, will be asked to cease their activity and Campus Events and Conference Services will work with organizers to find an alternative time, date, and location for the Activity.
  3. Non-university affiliated speakers must be sponsored by a university department or by a registered student organization or must follow the requirements for “external users” wishing to speak at the Designated Public Forum, as specified below.
  4. Non-university affiliated speakers must be sponsored by a university department or by a registered student organization.
  5. The sponsoring department will submit a request to invite a non-university affiliated speaker to the appropriate supervisor and work with Campus Events and Conference Services. Registered student organizations should work with the Director of Student Engagement and Leadership and Campus Events and Conference Services. This is done to get budgetary approval/guidance, schedule an appropriate space, determine personnel and security needs, and other administrative work if necessary. The University will only make a determination based on the aforementioned criteria and not on the basis of content or viewpoint, so long as it is considered protected speech.
  6. In all instances, those sponsoring the speaker are responsible for making the necessary provisions to maintain the peaceful demeanor of the assembly, including the arrangements for marshals or other self-governing services in cooperation with the University Police.
  7. The University will neither permit nor condone unlawful action. Civil disobedience as a means to produce change is always a matter of individual conscience and consequence. Please see the SUNY Rules for the Maintenance of Public Order for guidance.
  8. These events may be ticketed events and priority for these tickets will go to SUNY Oswego students, followed by SUNY Oswego faculty and staff.

Specific Policy Requirements: Free Speech and Assembly Activities by External Users

  1. The University may be used for free speech purposes by External Users pursuant to the delegation of authority by the SUNY Board of Trustees (SUNY Policy #5603 - Use of Facilities by Non-Commercial Organizations). The University reserves the right to determine the time, place, and manner of assembly or presentation in order to protect against probable disruption to the continuity and quality of the educational process both in and out of class. The University also reserves the right to protect the community when there is a reasonable and articulable risk to the safety of individuals and property.
  2. The University recognizes an obligation to provide a free speech area of the University for use by External Users.
  3. As a public entity partially funded by New York State tax dollars, the University will provide a Designated Public Forum to External Users for the exercise of all protected speech, subject to reasonable time, place and manner restrictions. Reservations for the designated forum will be addressed on a first-come, first served basis. Spontaneous gatherings are exempt from reserving the space but are still regulated by the requirements of this policy and the SUNY Rules for the Maintenance of Public Order.
  4. Revocable Permits are required for External Users representing Non-Commercial Organizations requesting to use any University Facilities. Individual External Users are not required to have a revocable permit. See Facilities Use Policy.
  5. External Users must request reservation of space using the Notification Form for Use of Designated Public Forum Or Other Public Areas of Grounds 5 days prior to the planned Activity. Applications received after 3 pm on a given business day shall be considered as having been received on the morning of the next business day. The University shall review the application and respond to the applicant within three business days of receipt.
  6. If the application is completed fully and the date and time are available for use, the University shall inform the applicant of its approval to use the Designated Public Forum on the date and time so requested.
  7. If the application is not complete the University shall contact the applicant for completion. The three (3) business days' time period will begin running again once the completed application is received by Campus Events and Conference Services.
  8. If space is already reserved to its capacity for the date and time requested, or if the date and time requested is during those limited by reasonable time, place and manner restrictions as defined above, the University shall inform the applicant of the same and offer the applicant the next available date and time for the use of the space.
  9. The University shall not:
    1. Restrict use of the designated public forum based on the viewpoint of the External User or its invited speakers.
    2. Charge the applicant an application fee to reserve the Designated Public Forum;
    3. Charge the applicant/External User for the use of the space;
    4. Impose insurance requirements on the applicant/External User; or
    5. Charge the applicant for any additional costs to the University that the University may incur due to the use of the space by the applicant/External User, such as security.
  10. The applicant/External User shall:
    1. Be responsible for any costs for parking on the campus;
    2. Be responsible for picking up from the Designated Public Forum any brochures, pamphlets, leaflets or other handouts or goods that the External User and their guests bring to the University to disseminate during their speech, and properly disposing of the same in public recycling or trash receptacles or taking them with him/her; or pay for reasonable costs to the University for clean-up; and;
    3. Not use a megaphone or electronic equipment for the amplification of sound.

Specific Policy Requirements: Termination of Protests and Assemblies

The University reserves the right to terminate any use of University grounds or Facilities, including any University Designated Public Areas of Grounds, in the event either the speaker or a member(s) of an audience engages in conduct that violates the SUNY Rules for the Maintenance of Public Order adopted in accordance with Education Law Section 6430 and 8 NYCRR 535 in order to secure the orderly and operation of the campus for the safety of the entire campus community.

Appendix A. Designated Public Forum

Suny Oswego Campus - Designated Public Forum