1.Purpose
The purpose of this policy is to establish how the University of North Carolina at Greensboro’s spaces are available to members of the University community and invited guests for purposes of speech, assembly, and petitioning activities, except as may be necessary to protect its property and to avoid interference with scheduled activities of students, University personnel, and invited guests. This policy also addresses amplified sound, the distribution and posting of printed materials, including bulletin boards, and the reasonable times, places, and manner for the use of sound which is amplified (electronic, mechanical, public address) and sound which could be disruptive to academic classes in surrounding buildings.
2.Scope
This policy applies to all persons who wish to use outdoor spaces on the UNCG campus for the purposes of free speech, public assembly, petitioning, chalking, posting materials and/or amplified sound, including students; registered student organizations; UNCG community members (faculty, staff); and external businesses and individuals. Contractors and companies authorized by Facilities Management to mark for utilities, construction, renovation, excavation, or similar are exempt from the Chalking portion of this policy.
3.Definitions
3.1Amplified Sound:
Any sound that is broadcast through electronically amplified equipment or sound that is electronically enhanced. This includes the use of any type of electrical sound equipment, from large amplifiers to portable stereo systems.
3.2Commercial Message:
Any sign wording, logo, other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
3.3Content Neutral:
Standards, such as limits on the time, manner, and place of expressive activity, without regard to the content of the speech under consideration.
3.4Event Support Team:
An inter-disciplinary group of University employees from various campus departments charged with coordinating on campus events, and drawing on other campus resources and offices as necessary. This groups is chaired by the Vice Chancellor for Student Affairs, or designee.
3.5Expressive Activity:
All forms of expression that occur on University Property and that fall within the ambit of the First Amendment to the United States Constitution, which may include, but not be limited to, demonstration, chalking, speech-making, oral presentation, protest (including silent protest), marching, picketing, signs, leafleting, petition circulation, distribution of written information, counter-protest, symbols, and similar expressive communications and activities that are non-commercial in nature.
3.6Institutional Neutrality:
The University does not (a) prescribe any one view of social policy; (b) take any position on “political controversies of the day,” matters of contemporary political debate, or social action, as those terms are defined in the North Carolina General Statutes.
3.7Permanent Structures:
any permanent or semi-permanent structure or object, including, but not limited to, tents, trailers, banners, signs, tables, or stakes driven into the ground; a structure that is intended to last indefinitely or that costs as much to alter or remove as to build in the first place. It may not be easily removed or altered at reasonable expense in order to remedy its effect.
3.8Responsible Person:
one who serves as a liaison between a person or persons engaging in an Expressive Activity and University Officials promote compliance with this Policy, and shall identify themselves upon the request of an Authorized University Official, including in the course of a spontaneous Expressive Activity. The Responsible Person shall be a Member of the University Community, except in cases where the Non-Members carry out the Expressive Activity following a defined reservation process.
3.9True Threats:
statements meant by the speaker to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals
3.10University Official (Authorized University Official)
means any person employed by the University and authorized to perform administrative or professional duties, including but not limited to: faculty members, staff members, and student employees.
4.Policy
UNC Greensboro values freedom of speech as one of the fundamental rights guaranteed by the US Constitution and as the best means for arriving at truth and mutual understanding. Peaceable assembly and the right to petition the government for a redress of grievances are also rights guaranteed by the First Amendment and are concomitant to the right of free speech. While protecting the freedoms of expression and association guaranteed by the First Amendment to the United States Constitution and the North Carolina Constitution, UNC Greensboro permits all expressive activities, including chalking, on or in University property, subject to content-neutral time, place, and manner regulations, and all other applicable laws and University policies, rules, and regulations.
UNCG is committed to sustaining a campus environment that embraces different perspectives and fosters respectful dialogue while ensuring that all members of the University community are treated with respect, fairness and dignity. Individuals and groups are expected to abide by the University’s five core values of honesty, trust, fairness, respect, and responsibility. Consistent with these principles, UNC Greensboro adheres to Institutional Neutrality.
One of the fundamental responsibilities of the University is to protect the rights and freedoms of all members of the University community and of invited speakers and guests. To that end, and as provided by law, reasonable time, place, and manner requirements are included in this policy. Participants in outdoor assemblies and those distributing, chalking, or petitioning must abide by the requirements listed in this policy. Forums, assemblies, amplification, and petitioning activities may not interfere with University operations. Individuals and organizations must take care not to damage, or attempt to damage University property. Any damage or markings which require removal by the University may result in disciplinary action, including as a violation of UNCG’s Student Code of Conduct requirements of Responsibility.
Student groups should contact the Office of Intercultural Engagement, 336.334.5090., to secure space, equipment, utilities, or support for free-speech activities. All others should contact the Reservations Office in the Elliott University Center, 336.334.5378. Nothing in this policy, however, should be interpreted as limiting the right of expression as long as the expressive activities or related conduct do not violate any other applicable University policies.
4.1Public Forums
4.1.1Specific Locations
Specific Locations on UNC Greensboro’s Campus are historically gathering places for expressive activity:
- The Elliot University Center law (Kaplan Commons), at least 50 feet from the building;
- Jackson Library Lawn, (Area bordered by South Spencer Hall, College Avenue, Faculty Center, and Jackson Library) at least 50 feet from any building;
- Stone Building Lawn, (Area bordered by Stone Hall, Forney Building, College Avenue, and Petty Science Building), at least 50 feet from any building;
- Gate City Plaza;
- The Fountain (Moran Commons);
- The Rawk
- Foust Park, at least 50 feet from any building.
4.1.2
City streets and sidewalks are public forums that are available for assembly to all members of the public, as long as the assembly is in keeping with federal and state laws and city ordinances. These streets have been identified in either green or gold on the campus map posted here: https://go.uncg.edu/uncg_campus_streets
4.2Outdoor Assemblies.
The University supports outdoor assemblies of individuals for free speech activities, including vigils, protests, demonstration, and similar activities. Outdoor spaces are also frequently used for University-sponsored events and activities, such as educational activities, Homecoming, concerts, and similar activities.
4.2.1
Persons may not block or otherwise interfere with the free flow of vehicular, bicycle, or pedestrian traffic. The right of way of streets and sidewalks (at t minimum width of five feet) must be maintained.
4.2.2
Persons may not obstruct, disrupt, interrupt, or attempt to physically force the cancellation of any event or activity sponsored by the University or by any users authorized to use University property.
4.2.3
Persons shall not engage in unlawful words or conduct toward any person, such as true threats or individual harassment.
4.2.4
No outdoor assembly, vigil, or outdoor event may be conducted within 200 feet of a childcare playground or facility, or within 50 feet of any building. In addition, assemblies may not occur within the confines of any Campus Recreation facility or Athletic facility. No outdoor assemblies may take place in areas immediately adjacent to residence halls between the hours of 9:00 p.m. to 9:00 a.m. Exceptions to this may be granted by the Office of the Vice Chancellor for Student Affairs, and must be requested in writing at least three business days prior to the event.
4.2.5Notification to the University.
Prior to an outdoor assembly reasonably expected to include a large crowd (more than 150 persons) or the potential for violence, the event organizers need to notify the Reservations Office in the Elliott University Center, 336.334.5378, so the University may institute any necessary safety measures.
4.2.6
Sales, solicitation, merchandising are governed by other, separate University policies, available in the policy manual.
4.2.7
When using spaces that can be reserved, the group that has reserved the space in accordance with the University’s Facility Use Policy has priority over any other group. When using space that cannot be reserved, the first group to provide notification to the University Reservations Office as required above has priority to use it.
4.2.8
Those who participate in an outdoor assembly shall not damage, alter, or deface any facility or other University property. Those who participate in an outdoor assembly are responsible for any clean-up and/or damages associated with the event.
4.2.9
Those who participate in an outdoor assembly shall not damage, alter, or deface any facility or other University property. Those who participate in an outdoor assembly are responsible for any clean-up and/or damages associated with the event.
4.3Overnight Assembly
Because of the special dangers associated with overnight outdoor assembly on University property, the following shall apply, in addition to, the provisions set forth elsewhere in this Policy.
4.3.1Coordination Required:
Students, faculty or staff who wish to use an outdoor area as temporary overnight assembly space must coordinate their activities with UNCG to protect the safety and security of those participating. Event organizers must contact the Reservations Office in the Elliott University Center (EUC) 336.334.5378, at least one (1) business day prior to the planned event to complete a reservation request and find a mutually-agreed-upon space for overnight assembly.
4.3.2
No overnight assembly may occur until the University approves the space.
4.3.3
EUC staff will coordinate with Facilities, UNCG Police, and other offices as necessary to determine an appropriate site. Due to safety and operational concerns, the outdoor overnight assembly cannot be conducted in areas under construction or near construction sites, in locations where assembly is likely to disrupt normal University activities, or close to public streets or public.
4.3.4Overnight assembly areas are limited to:
- Jackson Library Lawn: Area bordered by South Spencer Hall, College Avenue, Faculty Center, and Jackson Library.
- Stone Building Lawn: Area bordered by Stone Hall, Forney Building, College Avenue, and Petty Science Building.
- College Avenue.
- The Rawk.
4.3.5Safe Operations
In order to protect the safety and free-speech rights of those who wish to remain overnight as part of a protest or assembly, while at the same time allowing the campus community to continue safe operations, the following conditions must be met in addition to those set forth by other sections of this Policy:
- Persons staying overnight must be current UNCG students, faculty, or staff and must have a valid UNCG ID with them at all times. Any individual without a valid UNCG ID may be escorted from campus.
- No permanent structures are allowed.
- Electrical outlets may not be used.
- No person may use open flames, campfires, grills, liquid fuels, generators, or gaseous fuels.
- There is no cooking permitted.
- No motorized vehicles (cars, mopeds, scooters, motorcycles, etc.) are permitted in the assembly area. Vehicles must be parked in compliance with UNCG policy; see parking.uncg.edu.
- Smoking is not allowed in the assembly area; smokers must move at least 50 feet from it. Smokers must also adhere to the UNCG Smoking Policy, which states that smoking is not allowed within 25 feet of any university building unless otherwise provided.
- If sanitation becomes a concern, the University will require installation of portable sanitary facilities. Should such a determination be made by the University, UNCG will contract for the facilities to be maintained; those persons conducting the outdoor, overnight assembly must pay for all costs incurred by the use of such facilities. Prior to contracting for such services, the University will notify those persons conducting the outdoor, overnight assembly that such cost will be assessed and the group shall have the option to disperse rather than have the University contract for such services.
- The University is not responsible for participants’ personal belongings.
- Conduct in violation of University rules, local or state law, or federal law, will not be tolerated and may result in arrest and/or University discipline.
4.3.6Indentified Representative
There must be an identified representative or small (no more than 3) group of representatives available 24/7 to communicate with UNCG Police and UNCG staff in the event of a problem, concern, or emergency. The representative or small group should identify themselves to University Officials when asked and if there is an emergency.
4.3.7Time Period and Renewal
Subject to compliance with the conditions set forth in this Policy, UNCG will approve overnight assembly for an initial period of up to one week, which may be renewed at the discretion of the University, and with an expectation that members/leaders/representatives from the assembly group will participate in an ongoing discussion with University Officials about safety and any other actual or potential concerns or problems associated with the overnight outdoor assembly. Subjects for ongoing consideration and discussion include the following:
- Safety concerns
- Sanitation issues
- Requests from the assembly group
- University concerns, such as:
- Relocation to allow grass to recover
- Changes to meet safety needs/concerns
- Concerns about sanitation, communicable disease, or other health-related issues
4.3.8
When the initial time period expires, and if no extension has been granted, the participants shall vacate the designated area and remove all personal belongings and trash. If members/leaders/representatives of the assembly group wish to extend the overnight assembly beyond the initial time period, they shall meet with the Director of the Elliott University Center, or designee, to discuss what extensions, if any, may be granted by the University and if so, what conditions and time limitations shall apply.
4.3.9Exceptions
The Director of the Elliott University Center must approve any variation from these Overnight Assembly provisions. Any violation of these Overnight Assembly provisions, or any actual or threatened behavior that constitutes a threat to the safety of any person or University property, at the discretion of University Officials or Police, shall constitute grounds for the immediate closure of any overnight outdoor assembly or modification of the conditions under which it operates.
4.4Sound Amplification
Individuals and organizations acting under this policy must take care not to violate UNCG’s Student Code of Conduct related to 6.5: Responsibility. Within that framework, the use of amplified sound is allowed on the UNCG campus with the following reasonable time, place, and manner requirements:
4.4.1
Amplified sound is permitted in the designated public locations listed in section 4.1 of this Policy. Use of amplified sound in all other campus locations is prohibited.
4.4.2
The use of amplified sound will be allowed between 11:00am and 10:00pm. The maximum duration for an event with amplified sound taking place Monday – Thursday or prior to 4:00pm on Friday is two hours. For events taking place between 4:00pm Friday through 10:00pm Sunday, events may be permitted to exceed two hours but still must conclude by 10:00pm.
4.4.3
All outdoor events must comply with applicable local and state noise ordinances.
4.4.4
Commercial messages and/or advertisements are prohibited.
4.4.5
The use of amplified sound for the purpose of speech that is violent (directed to, or likely to, incite violence), obscene (appealing to a prurient interest in sex and offensive or without redeeming social value), or defamatory is prohibited.
4.4.6Volume restrictions, generally
Specific volume restrictions may be imposed based on an event after consideration of the potential impact of the event under the factors outlined in this section. Absent specific considerations, Amplified Sound events taking place between 11:00am Monday and 4:00pm Friday may not exceed sound levels above 85 decibels and events taking place between 4:00pm Friday and 10:00pm Sunday may not exceed sound levels above 100 decibels.
4.4.7Electrically Amplified Sound:
This type of amplified sound requires a connection to an electrical outlet, panel, generator, or other continuous electrical source.
4.4.7.1Permission Process
To request permission for an electrically amplified sound activity, an individual or organization must complete an Event Request form, through Spartan Connect. Additional questions may be directed to the reservation office located in the Elliott University Center.
- Approved and registered student organizations, recognized by Campus Activities and Programs, and individual students, faculty, and staff at UNCG may request the use of electricity for amplified sound for a specific event. No permission is required for the use of amplified sound that does not require use of the University’s electricity.
- This request should be made to Campus Activities and Programs at least three business days prior to the event. A separate event contract or facilities use agreement will not be required.
- Under this policy, anyone (including individuals who are not expressly part of the UNCG community) engaged in free expression may request the use of electricity for amplified sound.
4.4.7.2Compliance with applicable law and regulation
The use of electrically amplified sound equipment must comply with all applicable laws, including but not limited to any noise ordinances of Guilford County, the City of Greensboro, and the University of North Carolina at Greensboro.
4.4.7.3
Approval for an electrically amplified sound request is based upon the following factors:
- Impact on surrounding classes;
- Impact on facilities & operations;
- Prior reservation of space;
- Completion of necessary form/s and receipt of approvals;
- Risk management of the event.
4.4.7.4Costs
Facilities Management will determine costs, if any, for the electrical service to amplify sound. The requesting student organization or individual must pay costs for connection to UNCG utilities.
4.4.8Mechanically and Battery Amplified Sound:
This type of amplified sound may be based on battery, direct current, or low voltage amplification, and has an on/off switch, or may be without any batteries and have no on/off switch. Common examples include a cordless bullhorn, backpack bullhorn, “boom box,” megaphones, plastic cones and similar.
- No permission or approval is required for mechanical or battery-amplified sound.
- Mechanical or battery-amplified sound must meet the requirements for all amplified sound, including reasonable time, place, and manner requirements.
4.4.9Non-Amplified Sound
Events may be subject to the same reasonable time, place, and manner requirements if the nature of the event creates a volume of sound that requires the event to follow guidelines for Amplified Sound Events. Such events will be reviewed on a case-by-case basis, but examples of events that may require approval include events where there is especially loud audience participation (e.g., group singing or chanting) or where certain instruments (e.g., drums) are used even without amplification.
4.4.10Exceptions and Variations
Any variation from the Amplified Sound provisions must be approved, in writing, by the Vice Chancellor for Student Affairs. The request for variation must be made in writing at least three business days prior to the event.
4.5Chalking Guidance and Approved Materials
4.5.1
Only regular, water-soluble solid chalk is allowed for use. This is typically labeled “Sidewalk Chalk.” It must be easily removed by rain.
4.5.2
Spray chalk, marking chalk, spray paint, wax chalk, and other permanent, semi-permanent, or “short-term” marking materials are prohibited. Oil-based, aerosol, marker, wax, and paint products are prohibited.
4.5.3
Approved and registered student organizations recognized by Campus Activities and Programs may chalk approved University sidewalks.
4.5.4
Individual students, faculty, and staff engaged in expression, including statements regarding the political controversies of the day, may chalk approved University sidewalks.
4.5.5
Commercial messages and/or advertisements are prohibited.
4.5.6
Messages from those who are not UNCG faculty, staff, students, or registered student organizations are prohibited.
4.5.7
Messages that are violent (directed to, likely to, incite violence), obscene (appeals to the prurient interest in sex and is patently offensive or lacks serious literary, artistic, political, or scientific value), or defamatory are prohibited.
4.5.8
Defacement, change, or removal of existing allowed messages is prohibited, unless approved by the Office of the Vice Chancellor for Student Affairs.
4.5.9Allowed Spaces and Locations
- Only horizontal surfaces openly exposed to rain may be chalked.
- No vertical wall or vertical space may be chalked.
- No horizontal or vertical space protected from the rain (overhang, tree, porch, indoors, etc.) may be used for chalking.
- No planters, doors, trash receptacles, fountains, steps, benches, tables, bus stops, light posts, trees, signs, poles, or other structures may be used for chalking
- Sidewalks within 150 feet of the Elliott University Center (EUC).
- The west-east sidewalk from the west-facing entrance of the EUC toward the Walker Avenue parking garage may be chalked for the entire length of the sidewalk from Stirling Street to the overhang of the EUC.
- The north-south sidewalk from the west-facing entrance of the EUC toward the Walter Clinton Jackson Library may be chalked for the entire length of the sidewalk from the north overhang of the EUC to the Clock Tower.
- The west-east sidewalk from the east-facing entrance of the EUC toward College Avenue may be chalked for the entire length of the sidewalk.
- Any sidewalk within 150 feet of a residence hall, including the Quad.
- Areas located within 30 feet of a University-approved bus stop.
4.5.10
All other locations are prohibited, including all surfaces in parking decks or lots.
4.6Posting of Printed Materials on or in University Property
Members of the University community, and University groups and organizations may post materials in compliance with this Policy and all other applicable laws, policies, regulations, and rules. No University property shall be damaged by posting of printed materials. Materials should not be posted on planters, doors, trash receptacles, fountains, steps, benches, tables, bus stops, light posts, trees, signs, poles, book drop-offs, and other permanent outdoor fixtures.
Subject to this regulation, printed materials may be posted for a maximum of 5 business days, at which time the responsible person must remove them. Failure to remove these items constitutes permission for University Officials to remove or dispose of them.
Printed materials not in compliance with this regulation may be removed immediately without notice by University Officials.
4.6.1Bulleting Boards
- Printed materials posted on bulletin boards must not exceed 187 square inches (e.g., 11 inches x 17 inches) and shall not extend beyond the frame of the bulletin board. No matter the size, no more than one item for the same event or other purpose may be placed on the same bulletin board.
- Printed materials about an upcoming expressive activity may also be posted on bulletin boards which service the site of the expressive activity, no sooner than 14 days prior to the expressive activity. The responsible person must remove them within 24 hours after the conclusion of the expressive activity, or they may be removed without notice by University Officials.
4.6.2Leaflets/Handbills/Flyers
- When possible, persons who wish to distribute leaflets, handbills, and/or flyers on or in University property should contact the University Reservations Office to reserve one or more spaces for distribution within the Elliot University Center. The Reservation Office can also provide a list of building contacts for posting elsewhere on campus.
- The organizations and/or persons distributing leaflets, handbills, or flyers are required to collect and remove any loose, dropped, or littered leaflets, handbills, or flyers in the vicinity of the distribution area. Failure to do so may result in a charge to the distributing organizations or persons if Facilities Operations must provide housekeeping or grounds services due to violation of this subparagraph.
4.7Petitioning
4.7.1
Any outdoor campus space identified in section 4.1 of this policy may be used for petitioning by member of the University community (student, faculty, staff), any affiliated student organization or group affiliated with the University, any person or group invited to the campus by an affiliated student organization, or University unit. Materials must be designed for informational (not commercial) purposes.
4.7.2
All provisions of this policy related to outdoor assemblies also apply to petitioning and distribution activities.
4.7.3
The University does not assume responsibility for the content of the distributed materials.
4.7.4
The University community member is responsible for all cleanup and recycling of the distributed materials.
5.Compliance and Enforcement
For Employees, any violation of this policy may be considered “misconduct” under the relevant employment policies, including any appeal rights stated therein. Employees and students are required to cooperate in investigations of any alleged violations of the policy. Violations of law may also be referred for criminal or civil prosecution. Individuals or organizations that are not expressly part of the UNCG community will be referred to the UNCG Police Department.
Violations of this policy may be referred to Campus Activities and Programs for student groups and organizations; the Office of Student Rights and Responsibilities for individual students, the Office of the Provost, Faculty Personnel Services for faculty, and/or the supervisor and/or Human Resources for staff.
Individuals or groups or organizations who are not affiliated with UNCG organizations, faculty, or staff will be referred to the UNCG Police Department. Costs for cleanup may be billed by Facilities Management.
Concerns about content, placement, and type of messages should be directed to the Office of the Vice Chancellor for Student Affairs, Mossman Administration Building, 336.334.5099
6.Additional Information
6.1Review Period
This policy should be reviewed every five years, or more frequently as needed.
6.2Supporting Documents and Related Policies
- Alcoholic Beverages on University Premises and at University Events
- Discriminatory Conduct Policy
- Facility Use Policy
- Illegal Use or Abuse of Alcohol and Other Drugs
- Smoking Policy
- Student Code of Conduct
- Merchandising Policy Guidelines
- Solicitation by Affiliated and Unaffiliated Groups Policy
- Weapons on Campus Policy
- University of North Carolina at Greensboro Police Department, 336.334.4444 (Emergency); 336.334.5963 (Non-Emergency)
- University Reservations Office, 336.334.5378
- Campus Map of Public Streets
6.3Approval Authority
Chancellor
6.4Contacts for Additional Information and Reporting
Responsible Executive: Vice Chancellor for Student Affairs, 336.334.5099
Responsible Administrator: Associate Vice Chancellor for Student Affairs or designee 336.334.5099
Other Contacts: Dean of Students Office, 336.334.5512
Chief of Police: 336.334.5963, [email protected]
Revisions
Revision Date | Revision Summary |
---|---|
05/15/2010 | |
12/19/2011 | |
11/02/2015 | |
09/16/2024 | Updated and consolidated with Chalking Policy |