3-10 University Policies and Procedures Affecting Advocacy Activities

About CMU's "Freedom of Speech and Expression Policy"

This policy lays out regulations for public and political advocacy activities on campus including demonstrations, marches, distribution of printed materials and flyers, setting up temporary structures and related first amendment activity.

NOTE ABOUT PDF VERSION: The PDF is the official text of the policy. If there are any incongruities between the text of the HTML version and the text within the PDF file, the PDF will be considered accurate and overriding.

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Effective date of this revision: July 2014
Contact for more information: Director of Contracting and Purchasing Services, Associate Vice President of Student Affairs, Associate Vice President for University Communications

I. INTRODUCTION

A. Inquiries concerning these policies or questions concerning their interpretation may be addressed to the Director of Contracting and Purchasing Services, the Associate Vice President of Student Affairs, or the Associate Vice President for University Communications. Complaints arising in connection with political campaigning or advocacy activities on the campus shall be addressed to the Vice President for Finance and Administrative Services.

B. All Central Michigan University policies, procedures, and operating directives which affect advocacy activities on campus, whether or not they were developed for that specific purpose, are set forth in this document. In each case the policies are intended to conform with certain assumed principles. These are:

1. The vast majority of Central Michigan University students have reached the legal age of majority and have all the rights and responsibilities of adult citizens.

2. Informed political participation is a necessary element in the democratic process, and such participation is one of the obligations of citizenship.

3. Participation in the discussion of political and other public issues by University students is a desirable educational function and goal.

4. The University, as a public agency supported in part by public revenues, maintains a posture of institutional neutrality with respect to partisan issues.

C. Fundraising, solicitation of funds and commercial activities, to the extent occurring on the University's Mt. Pleasant campus, are governed by the following policies:

1. Fundraising, Sales and Solicitation on the Central Michigan University Campus.

2. Where applicable, Application for Sales and Solicitations and Fundraising in Residence Halls.

II. DEFINITIONS

The following definitions apply to these policies.

A. PRINTED MATERIALS: Written communications including leaflets, handbills, literature, signs, cloth signs or posters.

B. DISTRIBUTION: The practice of delivering or passing out PRINTED MATERIALS, including leafleting or hand billing.

C. DEMONSTRATING: The practice of patrolling, marching, walking, standing or sitting, usually with placards or other signs, to publicize a point of view.

D. RELATED FIRST AMENDMENT ACTIVITY: The practice of (1) asking an individual to sign a petition or registration, or (2) asking an individual to support or oppose an issue or support or oppose a candidate for office, or (3) asking an individual to register to vote.

E. AMPLIFIED SOUND: Sound which has been amplified by electronic means, or otherwise, including public address equipment, sound vehicles and amplified musical instruments.

F. TEMPORARY STRUCTURES: Sandwich Board signs and any temporary facilities (e.g. tent, hut, shanty, stage, table, vehicle), except those which have been approved by a faculty or staff member or the designated representative of a University-sponsored class or event in conjunction with that University-sponsored class or event.

G. REGISTERED STUDENT ORGANIZATIONS: Those student organizations registered with the Office of Student Activities and Involvement.

H. SELF-DISTRIBUTION: Leaving a supply of free materials for persons to take if they wish at self-distribution locations.

III. DISTRIBUTION AND SELF-DISTRIBUTION OF PRINTED MATERIALS

DISTRIBUTION of PRINTED MATERIALS on the University's Mt. Pleasant Campus is governed by these policies. Chalking may be used for non-commercial purposes in compliance with CMU’s Chalking Policy.

A. PRINTED MATERIALS with respect to a University sponsored class may be DISTRIBUTED at the discretion of the teacher. PRINTED MATERIALS with respect to a University sponsored event may be DISTRIBUTED by the sponsor (or representative) at that University sponsored event.

B. Except as provided in Section III.A. (University-sponsored activities), any person may DISTRIBUTE PRINTED MATERIALS outside of any University building subject to the following limitations:

1. PRINTED MATERIALS may be DISTRIBUTED after 6:30 a.m. and before 8 p.m.

2. PRINTED MATERIALS may be DISTRIBUTED after 8 p.m. and before 6:30 a.m., provided that the distribution either:

a. Is registered by the person or group DISTRIBUTING the PRINTED MATERIALS with the University's Chief of Police or designee at least 12 hours before the DISTRIBUTING is to take place. To register, the person or representative must provide his/her name, address and phone number and the name of the group (if any) DISTRIBUTING PRINTED MATERIALS and the approximate time(s) and location(s) of DISTRIBUTION.

b. Starts no earlier than 30 minutes before any public event and lasts no longer than 30 minutes after a public event no farther than 300 feet from the site of the event or of the location of the University building in which the event takes place.

3. PRINTED MATERIALS may NOT be DISTRIBUTED within 25 feet of any window of any classroom or office, within 25 feet of any door of any classroom building or office building, or within 40 feet of any window of any residence hall or University apartment.

4. PRINTED MATERIALS may NOT be DISTRIBUTED within 50 feet of the gates of any athletics venues during the times audiences are arriving at or leaving an event at those locations. This regulation shall not limit the DISTRIBUTION of programs or associated materials with respect to the events taking place at the site, or to sales that take place in connection with authorized University concessions.

5. PRINTED MATERIALS may NOT be DISTRIBUTED within any athletics venues. This regulation shall not limit the DISTRIBUTION of programs or associated materials with respect to the events taking place at any athletics venues, or to sales that take place in connection with authorized University concessions.

6. PRINTED MATERIALS may NOT be placed for SELF-DISTRIBUTION outside of any University building.

7. PRINTED MATERIALS may NOT be left on parked cars on University property.

8. PRINTED MATERIALS may be DISTRIBUTED to University apartments on a door to door basis, only after 8:00 a.m. and before 8:00 p.m.

9. Persons DISTRIBUTING PRINTED MATERIALS are asked to bear in mind the problems of litter caused by discarded papers. Where possible, DISTRIBUTION of PRINTED MATERIALS should be done in the vicinity of trash containers which are generally located adjacent to main routes of pedestrian traffic. Persons DISTRIBUTING PRINTED MATERIALS shall remove all discarded items from the grounds at the conclusion of their activity.

10. PRINTED MATERIALS or other material (e.g., paint, chalk, etc.) shall NOT be attached or applied to (1) the external walls or roofs of any university building, (2) the outside doors of any classroom building or administrative building, (3) the outside windows of any classroom building; administrative building or residence hall/apartment or (4) the outside windows of any public area of any other campus building.

11. Except for PRINTED MATERIALS carrying out official University functions, PRINTED MATERIALS or other material (e.g., paint, chalk, etc.) shall NOT be attached to (1) the internal walls, floors or ceilings in any public areas in any campus building or (2) the internal doors or internal windows of any classroom building; office building or residence hall/apartment.

12. PRINTED MATERIALS or other material (e.g., paint, chalk, etc.) shall NOT be attached to poles, trees, sidewalks, or structures, except that chalk may be used for non-commercial purposes in compliance with CMU’s Chalking Policy.

C. Except as provided in Section III.A and this Subsection, PRINTED MATERIALS may NOT be DISTRIBUTED inside University buildings.

1. PRINTED MATERIALS for SELF-DISTRIBUTION may be placed in specified locations in certain buildings. These PRINTED MATERIALS must be placed for SELF-DISTRIBUTION immediately next to those locations where CM LIFE is placed, in racks provided for that purpose. No items for SELF-DISTRIBUTION may be left in any other buildings or in any other locations. Items left for self-distribution may be removed by University employees at the end of each week. SELF-DISTRIBUTION locations will be established in the following buildings. Anspach Hall, Bovee University Center, Brooks Hall, Bush Theatre building, Dow Science Complex, Engineering & Technology Building, Finch Fieldhouse, Foust Hall, Grawn Hall, Health Professions Building, Moore Hall, Music Building, Charles V. Park Library, Pearce Hall, Powers Hall, Public Broadcasting Center, Ronan Hall, Rose Center, Rowe Hall, Sloan Hall, Smith Hall, Warriner Hall, Wightman Hall, and as provided below in the Residence Halls, Bovee University Center, and Student Activities Center.

2. Bulletin Boards

a. Bulletin Boards in University buildings, or on campus information kiosks, which are not designated for a particular and specified purpose, are considered to be General Purpose Bulletin Boards. All University buildings shall have at least one General Purpose Bulletin Board located adjacent to the main traffic flow of that building.

b. Bulletin Boards for a particular purpose, and visibly labeled to that effect, shall be reserved for the purpose designated.

c. Any person or group may place PRINTED MATERIALS on General Purpose Bulletin Boards. Everyone should show courtesy toward other potential users of the limited space.

d. A person may post only one piece of printed material on a General Purpose Bulletin Board at a time and must limit the size of such PRINTED MATERIALS to 22" by 28".

e. Each piece of printed material placed upon a General Purpose Bulletin Board must list the initial date of the posting.

f. PRINTED MATERIALS placed upon a General Purpose Bulletin Board will be removed after the event being announced has taken place, or within 30 days after its initial posting, whichever is sooner, so that other persons or groups may have access to the limited Bulletin Board space.

3. Residence Halls

PRINTED MATERIALS may only be left for SELF-DISTRIBUTION in the racks and/or table(s) provided for this purpose.

4. The Bovee University Center

a. Any person may leave PRINTED MATERIALS for SELF-DISTRIBUTION in designated locations in the racks provided for this purpose.

b. Up to three people may DISTRIBUTE PRINTED MATERIALS within the the first floor (lower level) lobby of the Bovee University Center when the building is open to the public.

c. PRINTED MATERIALS may not be DISTRIBUTED at any other location in the University Center except for programs and information materials DISTRIBUTED in connection with scheduled events; and except for PRINTED MATERIALS DISTRIBUTED at reserved tables.

d. The reserved tables provided by the University Center will be located in the lower lobby of the building outside of the eating area and in front of the bulletin board. No more than three reserved tables will be used at any one time. The reserved tables may not be placed in the corridor or in any area that would impede exit from the building in case of an emergency.

e. Reserved tables are available to REGISTERED STUDENT ORGANIZATIONS at no cost. All other persons or groups reserving a table for distribution of PRINTED MATERIALS will be assessed a daily fee.

f. Reserved tables may be reserved for a period of time not to exceed two days. REGISTERED STUDENT ORGANIZATIONS will have priority in the reservation of reserved tables on a “first come, first served” basis. If, however, four or fewer days before a particular date, reserved table space has not been reserved for that date by a REGISTERED STUDENT ORGANIZATION, the reserved table space may be reserved by individuals on a “first come, first served” basis.

g. After using a reserved table for two days, the group or individual must wait for two days before reserving a table for another period of use, except that an immediate reservation may be granted if there are no other applicants.

h. Reservations for reserved tables may be made with the Events and Conference Services Office, and they will provide instructions concerning the maintenance of the reserved table area.

5. The Student Activity Center

a. PRINTED MATERIALS which are programs and information materials in connection with scheduled events may be DISTRIBUTED in the Student Activity Center.

b. Any person may leave PRINTED MATERIALS for SELF-DISTRIBUTION in designated locations in the racks provided for this purpose.

c. Up to three people may DISTRIBUTE PRINTED MATERIALS in the areas immediately inside the east and west entrances to the Student Activity Center when the building is open to the public.

d. Tables may be reserved in the hallways of the Student Activity Center for DISTRIBUTION of PRINTED MATERIALS for a period of time not to exceed two days. REGISTERED STUDENT ORGANIZATIONS will have priority in the reservation of reserved tables on a “first come, first served” basis. If, however, four or fewer days before a particular date, reserved table space has not been reserved for that date by a REGISTERED STUDENT ORGANIZATION, the reserved table space may be reserved by individuals on a “first come, first served” basis.

e. After using a reserved table for two days, the group or individual must wait for two days before reserving a table for another period of use, except that an immediate reservation may be granted if there are no other applicants.

f. Reservations for reserved tables may be made with the front desk of the Student Activity Center, and the Student Activity Center management will provide instructions concerning the maintenance of the reserved table area.

g. Reserved tables are available to REGISTERED STUDENT ORGANIZATIONS at no cost. All other persons or groups reserving tables will be assessed a daily fee.

IV. RELATED FIRST AMENDMENT ACTIVITIES

Related First Amendment Activities, as defined in Section II.D, are authorized on the University's Mt. Pleasant campus. A person participating in Related First Amendment Activities must follow the policies relating to the DISTRIBUTION of PRINTED MATERIALS as set forth in Section III.

V. DEMONSTRATING

DEMONSTRATING on the University's Mt. Pleasant Campus is governed by these policies:

A. DEMONSTRATING is recognized as a legitimate means of publicly expressing opinions. When DEMONSTRATING occurs on the campus, it must be conducted in a manner which preserves the safety of all persons and property.

B. DEMONSTRATING is permitted on the campus outside of University buildings, subject to the following restrictions and limitations:

1. DEMONSTRATING is permitted after 6:30 a.m. and before 8 p.m.

2. DEMONSTRATING is permitted after 8 p.m. and before 6:30 a.m.

provided that the DEMONSTRATION either:

a. Is registered by the person or group DEMONSTRATING with the University's Chief of Police or designee at least 12 hours before the DEMONSTRATION is to take place, To register, the person or representative must provide his/her name, address and phone number and the name of the group (if any) DEMONSTRATING and the approximate time(s) and location(s) of The DEMONSTRATION.

3. DEMONSTRATING may not take place within 25 feet of any window of any classroom or office, within 25 feet of any door of any classroom building or office building, or within 40 feet of any window of any residence hall or University apartment.

4. DEMONSTRATING may not take place within 50 feet of the gates of any athletics venues during the times audiences are arriving at or leaving an event at those locations.

5. DEMONSTRATING may not take place within any athletics venues.

C. DEMONSTRATING will not be permitted inside any University building.

D. Demonstrators may not block access to or exit from University buildings, nor may demonstrators interfere with the free movement of persons or vehicles on campus.

E. Demonstrators may not disrupt instruction, research, administration or other University activities. Disruption may result from noise or actions.

F. Circumstances may arise in which the President concludes it is necessary to establish more specific conditions for DEMONSTRATIONS. In such a case the President will make a public announcement of the special conditions and the duration of their effect.

VI. SIGNS/TEMPORARY STRUCTURES ON CAMPUS

A. Central Michigan University tradition recognizes that the following areas may be used as set forth below:

1. The circle drive of the University Center is a place where REGISTERED STUDENT ORGANIZATIONS and departments of the University may place a table, sandwich boards or temporary cloth banners carrying announcements or messages. These banners should be of cloth or other soft material and tied by cords to the trees, and may remain for a period up to one week. Signs not conforming to this general description will be removed. Each sandwich board must conspicuously show the initial date of the placement and the name of the sponsoring organization.

2. The Warriner Mall area between the flagpole (north of Warriner Hall) and the south ends of Grawn and Smith Hall and the area between the Park Library and the Central Park pond are places where REGISTERED STUDENT ORGANIZATIONS of the University may place SIGNS and/or TEMPORARY STRUCTURES. No TEMPORARY STRUCTURE may be larger than 100 square feet or taller than 8 feet and must conspicuously show the initial date of the placement and the name of the sponsoring organization. The SIGNS/TEMPORARY STRUCTURES may not be placed on sidewalks, parking lots or walkways. They must be removed at the conclusion of the event but no later than 12:00 p.m. of the day immediately following the event, or within seven (7) days after placement and/or erection, whichever is sooner, except that the Associate Vice-President of Student Affairs or designee may grant approval for a SIGN (not a TEMPORARY STRUCTURE) to remain longer. SIGNS and/or TEMPORARY STRUCTURES must conspicuously show the initial date of the placement and the name of the sponsoring organization.

3. SIGNS/TEMPORARY STRUCTURES or signs are not permitted which advertise activities which are not permitted under the University Code of Student Rights, Responsibilities and Disciplinary Procedures, The Student Organizations Operation Guide, or the laws of the State of Michigan.

4. Before a REGISTERED STUDENT ORGANIZATION displays a SIGN and/or TEMPORARY STRUCTURE, as permitted in this Section VI, the REGISTERED STUDENT ORGANIZATION must register with the Office of Student Activities and Involvement. To register, the REGISTERED STUDENT ORGANIZATION must provide its name, address, phone number, a general description of the SIGN/TEMPORARY STRUCTURE and the approximate time of the display.

B. No SIGNS/TEMPORARY STRUCTURES shall be erected or placed on open campus grounds, except as provided in Section VI.B and:

a. Signs may be placed concerning University business (events sponsored by the University itself).

b. Signs directing people to events sponsored by organizations under contract with the University may be placed at designated spots provided they are agreed to as part of the contract with the University.

c. Signs may be erected in the areas and subject to the conditions described in Section VI.A above.

VII. SALE OF PRINTED MATERIALS AND OTHER ITEMS

Notwithstanding the provisions of Section I.C., the sale on the University's Mt. Pleasant campus of PRINTED MATERIALS or other items intended for the communication of ideas or opinions, and which are not sold for amounts in excess of twenty-five dollars ($25.00) per item, will be governed by the policies relating to the DISTRIBUTION of PRINTED MATERIALS as set forth in Section III, except that the use of vending machines for newspapers and similar publications shall be governed by the policy on Fundraising, Sales and Solicitations, Section III.E.4. The sale of all PRINTED MATERIALS or other items intended for the communication of ideas or opinions, and which are sold for amounts in excess of twenty-five dollars ($25.00) per item, will be governed by the policies relating to Fund-Raising, Sales and Solicitations on the Central Michigan University Campus.

VIII. PARADES, PROCESSIONS AND SOUND TRUCKS

The CMU Traffic Ordinance provides, in part:

"No funeral, procession, or parade, excepting the forces of the United States Armed Services, the military forces of the State, and the forces of the police and fire departments shall occupy, march or proceed along any street or roadway except in accordance with a permit from the Central Michigan University Office of Student Activities and Involvement and such other regulations as are set forth herein which may apply. No sound truck or other vehicle equipped with amplifier or loudspeaker may be used unless written authorization is obtained from the Central Michigan University Office of Student Activities and Involvement."

IX. AMPLIFIED SOUND

The use of AMPLIFIED SOUND may be desirable or necessary in connection with certain activities or events on the campus. At the same time AMPLIFIED SOUND presents the potential for interference with University activities. Therefore, the use of AMPLIFIED SOUND is governed by these policies.

A. A Person or group wishing to use AMPLIFIED SOUND is required to register with the Associate Vice-President of Student Affairs, or his/her designee, a minimum of two business days in advance of the proposed date of the event. The AVP or his/her designee shall make a determination as to the appropriate time and place for the use of the AMPLIFIED SOUND. To register, that person or representative of the group must provide his/her name or group’s name, address, phone number, type of AMPLIFIED SOUND proposed to be used and the approximate time and location of the proposed use of the AMPLIFIED SOUND.

B. The factors used in determining the appropriate time and place of the use of AMPLIFIED SOUND are as follows:

1. AMPLIFIED SOUND is allowed between Park Library and the Central Park pond area and in the Warriner Mall area between the flagpole (north of Warriner Hall) and the south ends of Grawn and Smith Halls on non-class days and from 12:00 noon to 2:00 p.m. on class days. The Associate Vice-President of Student Affairs, or his/her designee, may establish a decibel level which may not be exceeded by the AMPLIFIED SOUND.

2. In addition, the use of AMPLIFIED SOUND elsewhere on campus will be permitted if its use will not disrupt University activities, including, but not limited to, classes and other academic or administrative activities. The Associate Vice-President of Student Affairs, or his/her designee, may establish conditions as to time, place and manner of the use of the AMPLIFIED SOUND, including a decibel level for the AMPLIFIED SOUND which may not be exceeded.

X. CAMPUS MAIL

A. The Campus Mail Service is maintained for the purpose of carrying messages relating to University business from (1) offices of the University and (2) individual members of the faculty, staff or student body. The Campus Mail Service will not carry personal messages between individuals or groups.

B. A REGISTERED STUDENT ORGANIZATION may send, by Campus Mail, announcements of the time and place of its meetings together with a short description of the purpose of its meetings to members of the REGISTERED STUDENT ORGANIZATION. A REGISTERED STUDENT ORGANIZATION may also send general announcements of the time and place of meetings or organization-sponsored events, together with short descriptions of the purposes of the meetings or events, to the general DISTRIBUTION lists maintained by the Campus Mail Service.

C. All other material or communication, including PRINTED MATERIALS, will be delivered by the Campus Mail Service only if it is received from the U.S. Postal agency with sufficient postage attached.

XI. DIGITAL COMMUNICATION

A. The use of the University’s digital systems (e-mail, LISTSERV lists, digital announcements, etc.) by all individuals and/or organizations must comply with the CMU Responsible Use of Computing Policy

.B. It is suggested that University employees who use the University’s electronic mail system at a time when the employee has not been officially designated to represent the University’s position shall include the following language in any discussions of political advocacy or political solicitation:

This message is not endorsed by Central Michigan University.

XII. LOBBYING

A. Only those individuals authorized to lobby on behalf of the University by the Board of Trustees are permitted to lobby on behalf of the University or any part of the University. Any person engaged in lobbying who is not authorized to lobby on behalf of the University is not lobbying for or representing the University.

B. Those authorized to lobby on behalf of the University are: any member of the Board of Trustees, the President, the Provost, any Vice President, the General Counsel, the Vice President for Development and External Relations, the Director of Government Relations, and any person delegated authority in writing by the President, Provost or any Vice President. This written authority must be kept on file, in the Office of the Secretary of the Board of Trustees.

C. No funds DISTRIBUTED by the University to the Student Government Association, or to any RSO shall be used for the purpose of lobbying, either directly or indirectly.

D. No University trustee, officer or employee shall make any assessment for funds of other University trustees, officers or employees for the purpose of lobbying, either directly or indirectly.

XIV. ENDORSEMENTS OF POLITICAL CANDIDATES

While individuals and groups are free to express political judgments in the form of an endorsement of a candidate or a ballot issue, such an endorsement may not imply and does not imply official University sanction or action.

XV. USE OF UNIVERSITY NAME, SEAL OR SYMBOL

A. The name of the University, the abbreviated name, the seal, or symbols of the University shall not be used in such a manner as to imply University endorsement of a political party or candidate.

B. The name of the University, the abbreviated name, the seal, or symbols of the University shall not be used in such a manner as to imply a University position on a public advocacy issue, unless such position has been officially adopted by the University.

C. The name, abbreviation of the name, the seal, or symbols of the University shall not be used by any person or persons soliciting funds for political or public advocacy purposes, except for CMUPAC.

D. Organizations and employees associated with campus political and public advocacy organizations are encouraged to inform donors that their contributions are given to a political or public advocacy organization and are not, therefore, a contribution to the University and are not tax deductible as a gift to the University.

E. The University owns and controls its name, the abbreviated name, the seal and other symbols for licensing and commercial purposes. Use of the name on commercial products, must be approved by the licensing coordinator or designee.

XVI. USE OF UNIVERSITY FACILITIES

The University will make available outdoor areas traditionally used as a public forum to political candidates and to political and public advocacy organizations for advocacy activities on a uniform basis and subject to the regularly established University policies on scheduling. The University will make its meeting facilities available on a uniform basis, subject to the regularly established University policies on scheduling and fees for use.

XVII. UNIVERSITY PUBLICATIONS

University publications which are supported by public funds and facilities have a particular responsibility when reporting political news or discussing public issues to do so fairly.

XVIII. TELEVISION AND RADIO

A. Radio and television stations licensed by the Federal Communications Commission to the Board of Trustees shall comply with applicable federal statutes and regulations, including standards for fairness, if any, relating to broadcasting about political news or public issues.

B. Any non-federally licensed station (e.g., student carrier-current station) will observe those same standards for fairness, if any, which the Federal Communications Commission requires of public broadcast facilities relating to broadcasting about political news or public issues.

C. In the absence of such standards for fairness, radio and television stations shall fairly report political news and shall fairly discuss public issues.

XIX. ADDITION OR AMENDMENT

The University may, from time to time, adopt additional rules or revise existing ones. Such additions or revisions may affect political campaigning and advocacy activities on the campus.

The University will promulgate any such revision or addition in writing before taking any action to enforce the new or revised rule. The President of the University, or the acting senior administrative officer on campus, may, however, without a specific written regulation, direct that any political campaigning or advocacy activity be discontinued if the activity presents a clear danger or imminent disruption to classrooms, laboratories, offices, or other University functions, or injury to persons or property or clearly jeopardizes the University’s tax-exempt status.

Central Michigan University reserves the right to make exceptions to, modify or eliminate this policy and or its content. This document supersedes all previous policies, procedures or guidelines relative to this subject.