2.17 Free Speech, Public Assembly, and Distribution/Petitioning Policy

Central Piedmont Community College is committed to supporting freedom of speech. The College recognizes that free speech is the best means for arriving at truth and mutual understanding. The College also recognizes that the rights to assemble peaceably and to petition the government for redress of grievances are important components of free speech. Therefore, the College will protect the rights of free speech, petition, and peaceable assembly as set forth in the U.S. Constitution. However, it is also the responsibility of the College to provide a suitable, safe, and healthy environment for its students, faculty and staff, and non-College affiliated groups or individuals, which is conducive to study, teaching and learning, public service, conducting research, and performing other activities, without undue interference or disturbance. Thus, the College has adopted reasonable regulations concerning acts of expression and dissent.

I. Free Speech and Public Assembly

A. Speech and Assembly for College Students, Staff, and Faculty

The College is committed to making certain indoor and outdoor spaces available to currently enrolled students, staff, and faculty, and non-College affiliated groups or individuals, who wish to exercise the rights of free speech, petition, and peaceable assembly, provided that the use of such space does not:

1. Substantially disrupt, impair or interfere with the normal or previously scheduled activities of the College (including, but not limited to, classroom instruction) or the ability of the College to conduct its affairs in an orderly manner;
2. Violate the free speech, assembly, or movement of other individuals or organizations;
3. Damage or destroy property or bully, defame, harass or threaten any individual, group, or organization;
4. Physically injure persons or threaten to cause such injury or otherwise create safety hazards or harm or threaten the physical health or physical safety of any person;
5. If outdoors, does not occur within fifty (50) feet of any building or otherwise interfere with free flow of vehicular, bicycle, or pedestrian traffic;
6. Block any entrance or otherwise interfere with the free flow of traffic into and out of campus buildings;
7. Occur on any College property that is under construction;
8. Violate federal, state, or local statutes, regulations, codes, ordinances or College policy; or
9. Disrupt an invited or permitted speaker or hinder the ability of other attendees to see or hear a speaker.

It is within the College's discretion to determine when any of these criteria have been met.

Prior registration for the use of spaces is required for currently enrolled students, staff, and faculty, as well as non-College affiliated groups or individuals, who wish to exercise the rights of free speech, petition, and peaceable assembly on College property in accordance with this Policy.  Prior registration must be made in accordance with the procedures set forth in Section II.A. Space use must be consistent with and complimentary to the educational mission of the College. As such, priority use of facilities and grounds shall be given to students, staff, faculty, and student organizations. Use of facilities by non-College affiliated groups or individuals shall not disrupt the administrative and educational functions of the College, shall be appropriate in size for activities conducted therein, and shall not create an unsafe or threatening condition for participants and non-participants.  Use of College property does not imply or signify the College's endorsement, sponsorship, approval or disapproval of the views expressed in any speech, petition, or assembly.

The College reserves the right to relocate any assembly to ensure that the activity does not interfere with the normal operation of the College.

If campus buildings are used as public polling places, all activity must be in accordance with statutory and state/local Board of Elections requirements. In addition, College facilities may be used by groups and for uses required by North Carolina General Statutes 115D-20(8).

II. Guidelines and Procedures

Participants exercising their rights of free speech, petition, and peaceable assembly in accordance with Section I.A. must follow these Guidelines and Procedures.

A. Registration

Individuals and groups must register with the college at least three business days, but no more than 30 business days, in advance, by completing the Registration for Use of Designated Area form. Communications, Marketing, and Public Relations will notify Campus Security, the Campus Leadership, and the Public Information Officer regarding any registration. A separate registration form is required for each day and site. Upon request of a College official, individuals and groups will be required to provide proof of registration for use of the designated area.

The College will assign use of a designated area to faculty, staff, students, and College-affiliated groups first; then, to non-College affiliated groups or individuals. The College reserves the right, however, to deny use of an area if necessary for public safety or health reasons.

B. Usage Procedures

1. Time Restrictions: The designated areas are available for use between 8 a.m. and 9 p.m., Monday through Friday, when the College’s general curriculum classes are in session.
2. Non-Interference: Assembly and petitioning activities may not interfere with, impair or inconvenience College operations or programs, and must be consistent with the College’s educational purposes. Participants in assembly and petitioning activities must comply with the College’s Student Code of Conduct and/or policies governing staff and faculty, and may not obstruct, disrupt, interrupt, or attempt to physically force the cancellation of any event or activity sponsored by the College or by users authorized to use the College facilities. Further, participants may not engage in harassing, discriminatory, physically abusive, or threatening conduct toward any person. Participants shall comply with the directives of any College official acting in the performance of his or her duty. The purpose of this guideline is not to restrict or prevent freedom of speech, petition, or assembly; rather, it is to ensure the uninterrupted processes of teaching, learning, and College operations, to prevent the obstruction of free movement, and to promote the general welfare of the entire campus community.
3. The Right to Dissent: The right to dissent is the complement of the right to speak, but these rights need not occupy the same forum at the same time. A speaker is entitled to communicate his or her message to the audience during their allotted time, and the audience is entitled to hear the message and see the speaker during that time. A dissenter must not substantially interfere with the speaker’s ability to communicate or the audience’s ability to hear and see the speaker. Likewise, the audience must respect the right to dissent.
4. No Public Address System: Use of public address systems, megaphones, loudspeakers, or amplified sound on College grounds will not be permitted. Amplified sound is any sound that is broadcast through electronically amplified equipment. Only College-owned or installed amplification equipment may be used indoors.
5. Prohibition on Weapons: Weapons, fireworks, and explosives are prohibited on College property. Weapons include, but are not limited to, firearms, ammunition for firearms, and knives. The College may expand the list of prohibited items during occurrences (i.e., incidents or planned events) on College property. Expanded prohibited items may include, but are not limited to, lumber, rocks, bricks, glass containers, mace/spray, poles, sticks, tents, and backpacks, among other items.
6. Dissemination or Display of Printed Material: Participants may petition and/or distribute pamphlets, booklets, brochures, and other forms of printed material within designated areas on the condition that such material is designed for informational, non-commercial purposes. Any parties interested in pursuing commercial activity must comply with Non-College Related Solicitation of Employees and Students on Premises Guidelines and Procedures. The participants must provide a receptacle for the disposal of such materials. The College does not assume any obligation or liability for the content of such distributed material. Any signs used may not be larger than three feet by four feet (3' X 4’) in size. Signs must either be held by participants or be freestanding signs that do not stick into the ground. No signs may be mounted or projected onto buildings, walls, glass surfaces, trees, lamp posts, or other College property.
7. Prohibited Uses of Designated Areas: No structures of any kind (including but not limited to tables, tents, stakes, etc.) are permitted in on College property or at College events unless with advance reservation and approval.

   Camping is prohibited in College facilities and on College property. Camping includes taking up temporary quarters utilizing a tent or other sheltering equipment, including but not limited to sleeping bags.

8. Care of Designated Areas: Participants are responsible for the cleanliness and order of a designated area. Following its use, organizers should leave the designated area in the same condition it was in before the activity. Participants who damage or destroy College property shall be held financially responsible for such damage or destruction. This includes, but is not limited to, the campus buildings, furniture, sidewalks, lawns, shrubs, and trees.

III. Non-Compliance

All individuals and organizations participating in expressive speech, outdoor assemblies, distribution of literature, and/or petitioning are subject to sanction for failing to comply with these regulations or other College policies.

Students, faculty, and staff who violate College policy are subject to disciplinary action up to and including termination and expulsion in accordance with relevant College policies and procedures. Anyone who violates College policy may also be subject to a No Trespass Order, barring them from College property for up to four years. Failure to abide by a trespass warning will result in arrest. Anyone who violates federal, state, or local laws is subject to arrest and criminal prosecution.

Such sanctions may include payment of reasonable charges resulting from non-compliance, including, but not limited to, repairing, cleaning-up, painting, and/or replacement costs. College students, faculty, and staff may also be subject to institutional disciplinary or administrative action as outlined in the Central Piedmont Student Handbook and/or policies governing staff and faculty. Those who violate these regulations may be issued a trespass warning and denied future access to College premises. Violations that require police intervention will be reported to the College’s Security Services.

Related Procedures

Free Speech, Public Assembly, and Distribution/Petitioning Guidelines and Procedures

Changes

Changes approved by the Board of Trustees on May 6, 2020

Changes approved by Cabinet on March 26, 2007; September 28, 2009; September 26, 2011; February 11, 2013; November 2, 2015