Time, Place, & Manner

In a democratic society there will be disparate views. Salisbury University encourages the free expression in all forms, including the expression of dissent.

The first amendment protects nearly all speech, including speech that is annoying, rude, offensive and potentially hateful to you. While the language may not represent the beliefs and mission of the institution, our foremost responsibility is to adhere to federal laws and the Constitution. Therefore, the university will not, and legally may not, discriminate based on content or viewpoint.

Just as the university protects the rights for freedom of expression, we also protect the right for individuals to choose to not participate in demonstrations. The university is obligated to protect its property and to prohibit interference with scheduled activities of students, University personnel, and guests on campus. These obligations do not authorize the university to infringe upon the rights of students and student organizations to hold and express disparate beliefs. Salisbury University supports the right of students to engage in peaceful demonstrations, protests, or other expressions of individual beliefs without regard to the cause or the viewpoint being promoted by the student participants, as long as they do not disrupt regular University activities.

• Salisbury University Statement on Free Speech and Expression

A campus event is any planned gathering including but not limited to celebrations, dances, lectures, forums, performances, demonstrations, social gatherings, concerts, speaker presentations, and conferences that meet the criteria set forth in the Facility Policy.

The university is committed to enabling university departments to host a variety of events on campus to supplement and enrich students’ educational and co-curricular experience.  Facilities and spaces are available to university departments and student organizations on a space available basis to host events.  The university reserves the right to charge user fees for certain facilities used by university users and student organizations.

All events held on campus must adhere to Salisbury Universities Facility Policy. Student organizations must work with the Center for Student Involvement and Leadership (CSIL) to plan their event.

Procedures applicable to all users of campus facilities

1. Signs, banners, flags and similar items that are carried must be constructed entirely of soft material such as cardboard or cloth, and should not be attached to rigid sticks or poles. Signs must not block visibility or access to University facilities or property. They may be no larger than 10ft x 10ft without University permission. The University reserves the right to limit use of items constructed by rigid sticks, poles or other potentially dangerous materials.
2. The use, possession, consumption or distribution of alcoholic beverages by Students, except as expressly permitted by Maryland law and University policy, is a violation of the Code of Community Standards. The possession and/or consumption of alcohol at events is prohibited unless service is provided by University catering in facilities licensed to serve alcohol. Under no circumstances will an individual under the age of 21 be served alcohol. 
3. Amplified sound, including bullhorns or microphones, is not permitted without prior University permission.
4. Camping (i.e., staying outside overnight or indoors in a non-residential building) is not permitted on University property without prior permission from Conference Services, pursuant to a Facilities Use license agreement. Lodging in a University residence hall is permitted only pursuant to a Conference Services license agreement or Housing and Residence Life contract.
5. The use and/or possession of illegal drugs based on stated and federal laws, are prohibited at all campus events.

Resources for review:

• Code of Community Standards
• Camping Policy (PDF)
• Chalking Policy (PDF)
• Facilities Policy (PDF)

University property, buildings, and grounds are dedicated to the educational mission of the University. Therefore, the use of the buildings, grounds, and other property of the university is reserved for the direct and indirect support of the teaching, research, and service missions; of the university’s administrative functions; and of students’ campus-life activities. The university may prohibit or otherwise restrict access to or use of its buildings, grounds, and other property as may be necessary to provide for the orderly conduct of the university’s teaching, research, and service missions; of the university’s administrative functions; and of students’ campus-life activities. Visitors are free to walk through our campuses; however, authorization is required from the university for external users to make speeches or presentations, to erect displays, to engage in any commercial activity, or to conduct similar activities on university-owned or university-controlled property.

Any external user who wishes to host an event, solicit, or post on University property or in University buildings must first register their event with the Conference Services Office. They must abide by all policies and are responsible to ensure all individuals associated with their event abide by University policies. Failure to do so could result in the University ending the event earlier than planned, and potentially banning any future events.

This policy applies to campus events that are scheduled, organized, or supervised by External Users or campus events over which External Users have authority to decide whether to hold the campus event or to determine the contents of the campus event.  External Users are defined as an individual, group of individuals, organization, association, or business not affiliated with the University. Supervision is defined as direct, on-site responsibility for a Campus Event.

Scheduling priority for all University facilities, services and operations will be given priority to the needs of students, faculty, and staff to ensure the appropriate facilities are available to meet the primary mission of the University. All conference-related programs must enhance the image and impact of the University as an essential resource for furthering sound educational, civic, and social goals. The Office of Conference Planning and Facilities Reservation is responsible for assuring this objective and has the authority to decide against requests that do not meet this standard.

Fronting Activities:

Any sponsoring individual or organization that reserves space for the purpose of allowing non-university groups or vendors to advertise, hold meetings, and/or sell items without the expressed understanding and permission of the Office of Conference Services and Facilities Reservation is responsible for "fronting."

"Fronting" is defined as permitting a non-university individual or organization to use University space/facilities and services under the guise that the activity is a University-sponsored program. All of the following characteristics should be met in order for an event to be considered University-sponsored and to avoid the allegation of "fronting":

(1) The attendance of the group must be primarily campus-related individuals.
(2) Presenters fees are paid for by University organizations/departments.
(3) The primary advertising is directed toward University organizations.
(4) All planning and/or production must be handled by the University-sponsoring group.
(5) All scheduled events must be within the scope of the University mission. 

Non-university individuals/organizations are required to schedule the University space through The Office of Conference Planning and Facilities Reservation and pay for the use of space and services in accordance with current policy and fee schedules. Determination of fronting situations is made by the Director of the Conference Planning and Facilities Reservation.

Conference Services provides the following services for external users:

• Reserves and confirms dates, facility space, and services.
• Coordinates and confirms meals, catered functions, refreshments breaks, special services, and attendance numbers for each event. University Dining directly manages all individual catered events.
• Coordinates facilities schedule and set up for each event.
• Coordinates technology equipment requested.
• Coordinates and confirms all housing arrangements for conference attendees.
• Coordinates transportation needs for off-campus events.
• Prepares all contractual agreements for cost of facilities and services between the University and client.
• Coordinates invoices and transfer of funds with University Dining Services Billing Department.
• Manages post-event evaluations

The following restrictions will be in place for any event:

• The University will not locally advertise or locally promote its conference services, including both catering and housing, in commercial media, i.e., radio, television, newspapers, and magazines.
• Events that require extensive retrofitting of the Commons, including the removal of dining hall furniture, will be scheduled after approval with University Dining Services.
• The use, possession, consumption or distribution of alcoholic beverages by Students, except as expressly permitted by Maryland law and University policy, is a violation of the Code of Community Standards. The possession and/or consumption of alcohol at events is prohibited unless service is provided by University catering in facilities licensed to serve alcohol. Under no circumstances will an individual under the age of 21 be served alcohol. 
• The use and/or possession of illegal drugs based on stated and federal laws, are prohibited at all campus events.
• Camping (i.e., staying outside overnight or indoors in a non-residential building) is not permitted on University property without prior permission from Conference Services, pursuant to a Facilities Use license agreement. Lodging in a University residence hall is permitted only pursuant to a Conference Services license agreement or Housing and Residence Life contract.
• Signs, banners, flags and similar items that are carried must be constructed entirely of soft material such as cardboard or cloth, and should not be attached to rigid sticks or poles. Signs must not block visibility or access to University facilities or property. They may be no larger than 10ft x 10ft without University permission. The University reserves the right to limit use of items constructed by rigid sticks, poles or other potentially dangerous materials.
• Amplified sound, including bullhorns or microphones, is not permitted without prior University permission.

Related documents:

• Camping Policy (PDF)
• Facilities Policy (PDF)

Under federal anti-discrimination laws, SU must carefully balance First Amendment protections with its obligation to prevent discrimination, harassment, and the creation of a hostile environment. Allegations of offensive speech about race, gender, sexual orientation, religion, national origin, or other protected categories that contribute to a hostile environment within an SU education program or activity should be directed to the Office of Institutional Equity. The university may, however, be constrained or limited in how it responds if speech is involved.

Salisbury University support the rights of expression, affiliation, and peaceful assembly. Just as Salisbury University supports those who want to express their views by demonstrating peacefully, the University also has the equal and co-extensive obligation to protect the rights and freedoms of those who choose not to participate. We also have the duty to protect our property and to assure the continuation of the University’s teaching, research, administrative, and service functions.

Chalking:

Salisbury University (the “University”) recognizes that sidewalk chalk is an acceptable method for registered student organizations and University students, faculty, and staff to promote University programs and events, make announcements, and share messages.

The following governs the use of sidewalk chalk (“Chalking”) on University property:

1. Only registered student organizations, University students, faculty, and staff may write chalk messages on campus.
2. No paint, permanent chalk, markers, or spray chemicals may be used; only watersoluble chalk (sidewalk chalk) is permitted.
3. Chalking may only occur on uncovered, horizontal, pedestrian walkways where rain and natural elements can reasonably be expected to wash the messages away.
4. Chalking is not permitted on any part of any buildings or structures, including, but not limited to: the pergola, buildings, walls, benches, signs, sculptures, monuments, poles, columns, trees, newspaper boxes, mailboxes, etc.
5. Individuals shall not remove, deface, or alter messages that were written by others.
6. The following statements are not constitutionally protected by the First Amendment and are prohibited:
   1. Obscenity (i.e. appeals to a prurient interest in sex, is patently offensive, and is utterly without redeeming social value);
   2. Statements likely to incite violence or that an objectively reasonable person would interpret as a serious expression of an intent to cause a present or future harm;
   3. Defamatory statements (false information that hurts a person’s reputation); and
   4. Statements that constitute violations of other University policies, including the University Policy Prohibiting Non-Sex Based Discrimination and the Policy Prohibiting Sexual Misconduct and Other Gender-Based Discrimination.

Amplified Sound

Amplified sound, including bullhorns or microphones, is not permitted without prior University permission.

Camping

Camping (i.e., staying outside overnight or indoors in a non-residential building) is not permitted on University property without prior permission from Conference Services, pursuant to a Facilities Use license agreement. Lodging in a University residence hall is permitted only pursuant to a Conference Services license agreement or Housing and Residence Life contract.

Related documents:

• Camping Policy (PDF)
• Chalking Policy (PDF)
• Facilities Policy (PDF)

What can you do?

You have a range of options. You may circulate a petition or send a letter voicing your concerns to the administration. You may request to meet with university officials to discuss your concerns. You may engage in peaceful protest or picket with leaflets, singing, chanting or carrying signs in a space open to the public, such as the area outside the building or within lobbies during business hours.

What can you not do?

You may not engage in an occupation/sit-in of an office or other non-public space in a university building in violation of the university's time, place and manner regulations. If you do, you may be subject to the University’s Code of Community Standards and/or arrested for trespassing.

You may not block traffic into or out of the room, floor or building. You may not obstruct or disrupt university staff or officials while they are fulfilling their duties. If you do, you may be subject to the Code of Community Standards for obstruction or disruption of teaching, research, administration or other university activities.

You may not engage in tagging or mark university facilities with graffiti. If you do, you may be subject to student disciplinary action for destruction or damage to university property or arrest for vandalism/graffiti.

Civil Disobedience

Protests and civil disobedience have played a historic role on university campuses in bringing important and beneficial changes within society and in the development of our democracy. However, civil disobedience is not protected speech under the Constitution. The Constitution does not guarantee any right to engage in civil disobedience—which, by its very definition, involves the violation of laws or regulations—without incurring consequences. Civil disobedience may have a negative effect on the protected interests of others and may interfere with university business or threaten public safety or university assets in ways that require the university to act to protect those other interests.

What can the university bring disciplinary charges against me for?

The following is an illustrative list of violations of university policy:

• Violations of University or Other’s Property
• Acts of Violence
• Disorderly Conduct
• Disruption of the Academic Process
• Disruption of University Operations
• Failure to Comply
• Fire and/or Safety VIolations
• Intimidation or Threatening Behavior
• Involvement in a Code of Community Standards Violation

Related Documents:

• Facilities Policy (PDF)

Just as Salisbury University supports the right for freedom of expression, we also support the fact that individuals have equal rights to choose not to participate or be impacted by other’s beliefs. We also have a right to protect University property and continuation of regular University operations including teaching, research, administrative, and service functions.

Signs, postings and/or banners includes, but is not limited to (i) distributing or promoting any materials through advertising; or (ii) passing out literature, including post cards; or (iii) affixing flyers, posters or literature on bulletin boards, kiosks, display cases; or (iv) signs, banners, or postings displayed in windows.

If individuals or organizations wish to design and display signs, posters, or banners, the following will apply:

1. Signs, banners, flags and similar items that are carried must be constructed entirely of soft material such as cardboard or cloth, and should not be attached to rigid sticks or poles. Signs must not block visibility or access to University facilities or property. They may be no larger than 10ft x 10ft without University permission. The University reserves the right to limit use of items constructed by rigid sticks, poles or other potentially dangerous materials.
2. Approved posters and flyers must not exceed 11x17 inches and are limited to one per kiosk or other approved posting area unless permission is obtained for more than one poster or flyer. Requests for postings larger than 11x17 inches must be approved by CSIL.
3. Approved Postings on University property, must include the name of the sponsoring group, date, time and location of event. Materials must be removed by the sponsoring group at the conclusion of the event.  
4. No signs, banners, flags or similar items may be hung in windows where they will restrict any view or access into or out of the window, or hang on the outside of the building without approval from Conference Services.
5. All signs and postings by student organizations must be reviewed and approved by the Center for Student Involvement and Leadership (CSIL) prior to posting. Once approved, the RSO will be referred to the Guerrieri Student Union (GSU) Office for directions and guidelines for posting on campus.
6. The Guerrieri Student Union Office receives, reviews, and approves all requests from Campus-Based Users, RSOs, and External Users for posting in the GSU.
7. Posting in the University residence halls must be approved by the Office of Residence Life prior to posting.
8. The University has the right to limit the time, place, size and manner for Postings. The University reserves the right to review and removing Postings that are in violation of the law or University policy.

The University provides guidance and establishes conditions under which on-campus users, RSOs, and external users not affiliated with Salisbury University may promote services and goods, and the sale of merchandise. This policy ensures that sales and solicitations comply with state and federal laws and regulations, as well as University System of Maryland (“USM”) policies.

1. RSOs must review receive approval for any plans for sales, solicitation, and/or fundraisers with CSIL, prior to any event taking place. This includes project for the benefit of an RSO.
2. CSIL is responsible for approval of contracts for sales by vendors on University property for CSIL and RSO events.
3. Conference Services is the point of contact for Campus-Based users and external users who are interested in any project that would include sales or solicitation activities.
4. Sales activities means offering products or services in exchange for money, goods or other services. This includes raffles and other games of chance that are offered by purchase of a ticket or for a fee.
5. Solicitation includes requesting donations or a contribution of money, goods, or services from individuals or groups; or requesting donations or a contribution of money for an individual or group benefit without the exchange of goods or services.
6. Sales and Solicitations are prohibited when they interfere with the normal conduct of University business, or occur without the required approval from Conference Services, CSIL, GSU or Office of Student Affairs (“OSA”), or other relevant departmental approval as may be determined by the University.
7. All Sales and solicitations on University property or in University Facilities must comply with federal, state, and local laws, as well as USM and University policies.
8. Certain sales and solicitations are restricted or prohibited based on University contractual obligations.
9. Raffles or activities as defined by Wicomico County, that involve games of chance must be registered through CSIL for RSOs and, in all cases, must comply with all Wicomico County regulations for such activities. Users must obtain a Wicomico County Gaming and Gathering permit.

Related Documents:

• Salisbury University Sales, Solicitation, and Posting Policy (PDF)

University property, buildings, and grounds are dedicated to the educational mission of the University. Therefore, the use of the buildings, grounds, and other property of the university is reserved for the direct and indirect support of the teaching, research, and service missions; of the university’s administrative functions; and of students’ campus-life activities. The university may prohibit or otherwise restrict access to or use of its buildings, grounds, and other property as may be necessary to provide for the orderly conduct of the university’s teaching, research, and service missions; of the university’s administrative functions; and of students’ campus-life activities. Visitors are free to walk through our campuses; however, authorization is required from the university or from a recognized student organization to make speeches or presentations, to erect displays, to engage in any commercial activity, or to conduct similar activities on university-owned or university-controlled property.

Who may use university property

There are four main categories for users of university property:

1. Campus-based User: Any Salisbury University department or business unit using the requested facility for SU business with appropriate authorization to provide an SU account number to which any charges associated with the usage may be billed.
2. External User (Off-campus user): An individual or groups of individuals, organizations, associations, or businesses not affiliated with Salisbury University.
3. Student Organization User: An active student organization recognized by the Office of Student Affairs and registered with the Office of Student Activities and Organizations.
4. Affiliated User: An organization, group, or individual which is affiliated with SU by virtue of grants or mission-consistent goals carried out by faculty and/or staff employed by Salisbury University.

With the exception of student organizations, all other users will work with Conference Events services to coordinate their use of campus facilities. Students will coordinate their use of facilities with the Center for Student Involvement and Leadership. Conference Services will utilize the Salisbury University Facilities Use Policy (PDF) to plan all events.

“Fronting” Activities

As noted, access to University facilities is designed primarily for University departments, administrative units, and currently registered student organizations in furtherance of the educational mission of the University. A limited number of other individuals and organizations have also been granted access based on their direct association with the University. Any sponsoring individual or organization that reserves space for the purpose of allowing nonuniversity groups or vendors to advertise, hold meetings, and/or sell items without the expressed understanding and permission of the Office of Conference Services and Facilities Reservation is responsible for "fronting."

"Fronting" is defined as permitting a non-university individual or organization to use University space/facilities and services under the guise that the activity is a University-sponsored program. All of the following characteristics should be met in order for an event to be considered University-sponsored and to avoid the allegation of "fronting":

(1) The attendance of the group must be primarily campus-related individuals.

(2) Presenters fees are paid for by University organizations/departments.

(3) The primary advertising is directed toward University organizations.

(4) All planning and/or production must be handled by the University-sponsoring group.

(5) All scheduled events must be within the scope of the University mission.

Non-university individuals/organizations are required to schedule the University space through The Office of Conference Planning and Facilities Reservation and pay for the use of space and services in accordance with current policy and fee schedules. Determination of fronting situations is made by the Director of the Conference Planning and Facilities Reservation.

Penalties for violation

Any student or employee who violates any of the foregoing prohibitions will be subject to university polices. Disciplinary action may include sanctions up to and including discharge, or suspension from the university. Such person may also be subject to criminal prosecution. Visitors are subject to criminal prosecution. Any visitor who violates this policy may be immediately removed from University property by Miami University Police.

Resources:

• Facilities Use Policy

• Code of Community Standards
• Office of Institutional Equity Document Library
• Camping Policy (PDF)
• Chalking Policy (PDF)
• Facilities Policy (PDF)