Freedom of Expression and Assembly Policy

Approved
August 2024

Policy Contact
Office of Student Life & Leadership
607-436-3014

Policy Statement:

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 also values the free expression of ideas and support individuals’ right to assemble.

Rationale:

SUNY Oneonta 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 of the Policy:

This content-neutral policy is applicable to all SUNY Oneonta students, employees, student organizations, university programs, departments and units that are recognized by SUNY Oneonta (University Community Members).
SUNY Oneonta’s Use of Outdoor Spaces by Third Party Speakers policy applies to all third parties, who are not sponsored by SUNY Oneonta and/or a recognized student group, who want to use SUNY Oneonta’s designated public forum for free speech purposes.

Policy Elaboration:

University Community Members are guaranteed the rights of free inquiry and expression. Subject to applicable content-neutral policy, University Community Members 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.
SUNY Oneonta designates the following as public areas for the purpose of peaceful and orderly assemblies:

The Academic Quad. The Academic Quad is divided into two spaces that may be reserved
- The north portion in front of the IRC building.
- The south portion in front of Schumacher Hall.

SUNY Oneonta will not interfere with orderly assemblies (that have followed the procedures below) in the designated public areas of grounds and buildings unless participants engage in any of the following:

Conduct that prevents the orderly administration of classes, lectures, meetings, interviews, ceremonies, and other campus events or University operations;
Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;
Engage in conduct that could foreseeably cause injury or damage to persons or property;
Unapproved operation of audio amplification equipment;
Unapproved construction or erection of structures (whether or not they are anchored, inclusive of screens and/or objects requiring penetration in concrete or grass), camping, or establishing an indoor or outdoor encampment on University grounds (see Camping and Use of Tents on Campus Policy).
Possession and/or ignition of an open flame of any type;
Assemblies lasting more than one day. An assembly’s duration cannot exceed 10 hours in a one-day period, and assemblies between the hours of 10:00PM and 8:00AM are prohibited;
Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
Activities that violate the provisions of any other applicable campus policy or procedure, including but not limited to:

In addition, the following activities are strictly prohibited:

Entry into any office/suite or entry into any other University building/area that is not authorized or without permission;
Occupation of a building after it is normally closed (see campus building hours) ;and

Obstruction of any parking lots, sidewalks, or roadways running through or adjoining the University’s campus grounds.

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

SUNY Oneonta takes compliance with this policy very seriously. Students and employees may be referred for disciplinary action for alleged violation of this policy. SUNY Oneonta’s Division of Student Affairs and/or University Police Department are responsible for addressing non-compliance with this policy by all persons and may address violations of this policy that constitute criminal trespass or any other violation of law.

Definitions:

University Community Members – students who are currently enrolled at SUNY Oneonta and student organizations, employees, university programs, departments and units that are currently recognized by SUNY Oneonta.

Procedures:

SUNY Oneonta respects and supports University Community Members’ efforts to exercise their rights to free speech and assembly. The Office of Student Life & Leadership has been designated to provide the appropriate support for the successful implementation of these events. The following procedure will ensure a safe and effective assembly activity.

The University will make every effort to respond affirmatively to 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 University business, activities, or events.
Requests to engage in assembly:

University Community Members must follow the Requesting Use of Facilities Procedure and the Facilities Use Policy to request to use one of the designated public areas.
- In the event that the proposed assembly activity is planned in direct response to a current event, the University 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 Life & Leadership as soon as possible in order to promptly coordinate the assembly activity.
Third-party/non-University affiliated individuals/groups requesting to engage in assembly at a designated public forum for free speech/expression on campus must follow SUNY Oneonta’s Use of Outdoor Spaces by Third Party Speakers policy and all other applicable policies and guidelines.
- The University reserves the right to take appropriate action to limit/terminate activities and/or remove persons who have not received approval under the Use of Outdoor Space by Third Party Speakers policy and have violated any other applicable policies/guidelines.
All requests for assembly must receive approval according to the above policies and procedures prior to the assembly taking place.

Services:

To help ensure the safety of participants and the protection of the rights of all members of the campus community, the University may provide services such as location, safety, crowd control, site preparation/cleanup, and/or other such services it deems necessary through the site reservation process.
Organizers who are unsure of whether their planned assembly requires services are encouraged to contact the Office of Student Life and Leadership for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to disciplinary action.

Contacts:

Office of Student Life & Leadership
607-436-3014