Freedom of Expression and Assembly Student Policy and Procedures

Policy Statement

SUNY Brockport students are guaranteed the rights of free inquiry and expression. Subject to applicable 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 designated public areas of campus grounds and buildings.

Purpose/Scope

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 Brockport 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 campus community or disrupt the regular operations of the campus.

Applicability

This content-neutral policy is applicable to all SUNY Brockport faculty, staff, students, and third parties.

Definitions

Blackout Days — The University has blacked out certain days on its calendar wherein the use of the campus and its facilities, including outdoor spaces, are reserved exclusively for campus-related activities that are at the very core of its primary educational mission. During these blackout periods, no person/group shall be allowed to use the designated public forum for free speech purposes. The University defines the blackout periods to include the following:

1. During opening weekend for the commencement of fall and spring semester;
2. During “reading” periods and examination periods, as set forth on the then-current academic calendar;
3. During graduation-related activities and events, including undergraduate and graduate commencements;
4. During major fall or spring campus-wide celebrations, such as concerts, Homecoming, Eagle Day, Open Houses, and Accepted Student Days;
5. During such times that the University is hosting major campus events which require significant staff resources, such as NCAA and High School Sectional Sports Championships; and
6. From the end of the fall examination period, when students leave campus for the winter holiday break, through a few business days after the first of the year.

Building Occupancy — When assembly and demonstrations occur in a building, to maintain a physically safe environment and ensure compliance with the fire code, the University will take into consideration the number of people participating, and whether occupancy limits are being followed. Walkways and entrances to and inside buildings must always remain open, as well as clearly designated pathways through the building, to allow safe access and egress. Ticketing is strongly encouraged and may be required for some events, as a crowd control and safety mechanism.

Counter-Protest — A protest, demonstration, or event on campus may invite additional forms of protest, and the University acknowledges that the free expression of all parties is important. Please note that the Office of Student Union Leadership and Activities (SULA) may designate additional protest areas for persons with views that differ from the views held by an event’s organizers. To ensure the safety of all participants, the University Police Department will determine the need for barriers, officers, and other protective measures.

Designated Public Locations — The University is committed to making use of public locations on campus for events/activities associated with freedom of expression and rights to peacefully assemble. The University has identified a primary designated public forum space, the Campus Mall, located adjacent to the Seymour Union between Edwards Hall and Smith Hall. This area has been designated as a primary outdoor location due to high pedestrian traffic and visibility. Additional public locations will be considered if those sites do not significantly interfere with the University’s operations. Please note that identified areas on campus with signage stating “Assembly Area” are intended for emergency management and evacuation purposes only.

Locations and Building Occupancy — “Grounds of this institution,” as used in these procedures, includes the campus of SUNY Brockport, and any other premises or property under the control of the University used in its teaching, research, administration, service, cultural, recreational, athletic, or other programs and activities. (Please also see related definitions: Building Occupancy and Designated Public Locations.)

Noise Levels — University officials may require event organizers to change the volume if the activity interrupts the operations of the University or violates the Village of Brockport noise ordinance. To minimize potential disruptions to the community, all sounds (such as music, amplified sound, or other loud noises) are required to be kept at a reasonable level. A University Official, in consultation with the event sponsor, and other impacted parties, will determine “Reasonable level.”

Penalties — With emphasis on safety for all, any person or group who violates, or fails or refuses to meet or comply with, these procedures may be subject to penalties or discipline as provided in University policy and the Rules and Regulations for the Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York – see SUNY Rules for the Maintenance of Public Order Policy.

Protest and Demonstration Duration — Protests and demonstrations will be permitted until or unless University officials determine that the University’s operations have been disrupted and/or the rights of others, as determined by the law, have been significantly infringed. Interference with educational pursuits are viewed as particularly disruptive to the operations of the University.

Third Party — A person(s) who wants to use the designated public forum for free speech purposes and the person(s) is not a student, faculty, or staff member at the University, and the person(s) is not officially sponsored by either the University and/or a recognized student group to speak at the University.

Policy Procedures

SUNY Brockport designates the following as public areas for the purpose of peaceful and orderly assemblies:

Figure 1 - Designated Public Location on Campus: Outdoor Mall area just north of Thompson Hall and Seymour Student Union.

SUNY Brockport will not interfere with orderly assemblies in designated public areas of grounds and buildings unless participants engage in any of the following:

1. Preventing the orderly administration of University classes, lectures, meetings, interviews, ceremonies, and other campus events or University operations.
2. Obstructing the free movement of vehicles or persons, including blocking hallways and doors in any building or facility.
3. Engaging in conduct that could foreseeably cause injury or damage to persons or property.
4. Operating audio amplification equipment in a manner that conflicts with normal University operations, is deemed injurious to health and safety, or violates the Village of Brockport & Town of Sweden ordinances.
5. Constructing or erecting structures, whether anchored or not, including screens and objects requiring penetration in concrete or grass, or camping on University grounds without authorization from the Office of Student Union Leadership & Activities. Indoor and outdoor encampment is generally prohibited (see campus-wide Camping, Use of Tents, and Tailgating on Campus Policy).
6. Possessing or igniting an open flame of any type, including torches.
7. Holding assemblies lasting more than one day, with a 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. Engaging in activities that violate the provisions of SUNY Rules for the Maintenance of Public Order Policy.
9. Engaging in activities that violate any other applicable campus policy including, but not limited to, the: Posting Policy, Possession of Firearms and Weapons Policy, and Harassment and Discrimination Policy.

In addition, the following activities are strictly prohibited:

1. Entering any private office of an administrative officer, faculty member, or staff member, or entering any other unauthorized University area without permission.
2. Occupying a building after it is normally closed.
3. Obstructing any roadways running through or adjoining the University’s campus grounds.

All individuals participating in protests and demonstrations are required to provide a form of University-issued or government-issued identification upon request from a University official.

SUNY Brockport takes compliance with this policy very seriously. 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.

Giving Reasonable Notice of Planned Assembly and Demonstration

SUNY Brockport respects and supports students’ efforts to exercise their rights to free speech and assembly. The Division of Student Affairs has designated the Office of Student Union Leadership & Activities (SULA) to provide the appropriate support for the successful implementation of these events. Following University procedure will 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 College business, activities, or events.

Request for Services

1. For assemblies where the need for Services is reasonably foreseeable, event organizers shall, at least 48 hours prior to the planned event, submit a written Request for Services, as follows:
   
   a. Please submit the Notice of Planned Assembly, Picketing, or Demonstration form at least 48 hours in advance of the planned activity. Forms are available through the SULA Office, 203 Seymour Union, (585) 395-5646, or the Office of the Vice President for Student Affairs.
   
   b. For the reservation of campus space (indoor and outdoor), please review SUNY Brockport procedures for hosting events and forums on campus, which can be found on the Office of University Events webpage.
   
   c. SULA will facilitate/coordinate reservations, coordinate additional event support, and conduct reviews to ensure successful and accountable management of the University’s space, in accordance with SUNY policies. SULA does not cover any costs associated with event reservations.
   
   d. Events occurring off-campus are not subject to SUNY Brockport procedures. Visit the Village of Brockport website for more information.
   
   e. While every attempt will be made to accommodate all requests, some modifications to the assembly activity request may be required due to the availability of the proposed time and place of the activity. A Student Union Leadership & Activities professional staff member will inform the sponsor/organizer of these modifications and provide guidance as the assembly activity is planned.
   
   f. In the event that the proposed assembly activity is planned in direct response to a current event, the Office of Student Union Leadership & Activities realizes that it may not be possible to submit a request in advance. In such cases, the event organizer should contact the Office of Student Union Leadership and Activities as soon as possible in order to promptly coordinate the assembly activity, where reasonably possible.
   
   g. No Services Required: Assemblies requiring no Services, or 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 campus rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact the appropriate office designated in sub-paragraph (1)(c) above for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to discipline.

Notification Content — With respect to the assembly, picketing, or demonstration, notice of the event should set forth:

1. the date and time;
2. the requested location (see Locations and Building Occupancy in the Definitions section for information regarding campus considerations);
3. the intended purpose;
4. the anticipated duration (see Protest and Demonstration Duration in the Definitions section for information regarding campus considerations); and
5. the anticipated number of people participating.

The University’s Role:

1. The University is providing a designated public location for use by students, faculty, staff, and community members for their free speech purposes.
   
   a. If the application is completed fully and signed by the applicant, and the date and time requested are available for the space, the University shall inform the applicant of its approval to use the designated public location on the date and time requested.
   
   b. If the application is not complete and/or it is not signed, the University shall return the application to the applicant for completion.
   
   c. If the space is already reserved to capacity for the date and time requested, or if the date and time requested is during a blackout period, as described in the Definitions section, the University shall inform the applicant and offer the applicant the next available date and time for the use of the space.
   
   d. With the appropriate advance notice, the University, specifically SULA or their designee, will engage with event coordinators and/or demonstrators prior to and during the event to:
      i. support the safe execution of the event;
     ii. engage campus partners to ensure participants’ and community safety; and
    iii. assist organizers to ensure the demonstration does not disrupt the normal operations of the University.
   
   
2. The University shall not:
   
   a. inquire as to the nature or content of the free speech;
   b. charge the applicant an application fee to reserve the designated public location;
   c. charge the applicant for the use of the space;
   d. impose insurance requirements on the applicant; or
   e. charge the applicant for any additional costs to the University that may be incurred due to the use of the space by the applicant.

The Applicant shall:

1. be responsible for any costs for parking on campus as all students, faculty, staff, and visitors are charged for parking;
   
   
2. be responsible for picking up from the designated public location any brochures, pamphlets, leaflets, or other handouts or goods that the applicant brought with them to disseminate. The University has a regulation against littering on campus that applies to all students, faculty, staff, and visitors. Failure to comply with this provision may result in future denial of the use of the designated public location; and
   
   
3. not use a megaphone or any other form of amplification equipment for the amplification of the speech without prior express permission. Determination of permission for amplification will be based on the potential disruption of classes or other legitimate business uses.

Links to Related Procedures and Information

Camping, Use of Tents, and Tailgating on Campus Policy
Harassment and Discrimination Policy
Notice of Planned Assembly, Picketing, or Demonstration form - Submission Deadline: 48 hours PRIOR TO activity.
Office of University Events
Possession of Firearms and Weapons Policy
Posting Policy
Student Union Leadership & Activities (SULA)
SUNY Commercial Use Policy (Use of University Facilities for Commercial Purposes)
SUNY Rules for the Maintenance of Public Order Policy
SUNY Use of Facilities by Non-Commercial Organizations Policy
U.S. Courts – Freedom of Speech
Village of Brockport

Contact Information

Director of Student Union Leadership and Activities (SULA)
Student Union Leadership and Activities (SULA) - email
203 Seymour Union
(585) 395-5646

History (in descending order)

 

Item	Date	Explanation
Next Review Date	2029-08-21	Five-year review
Revision Date	2024-08-21	Policy updated throughout, including renaming of the policy from “SUNY Policy Overview: Maintenance of Public Order, Use of Campus Facilities & Campus Procedures Policy”
Revision Date	2024-05-09	Minor edit made within definitions.
Revision Date	2024-05-01	Policy updated throughout.
Revision Date	2023-03-20	Link updated for Village of Brockport Event Form.
Adoption Date	2019-03-06	Policy Adopted
Draft Review Date	N/A	Draft Policy under 30-day Campus Review

Approval

This policy was approved by President’s Cabinet on 2024-08-21