Section 3342-4-03.1 - Administrative policy regarding demonstrations, marches, and speakers(A) Purpose. Those sponsoring demonstrations, marches or speakers are responsible for making the necessary arrangements and provisions in accordance with the procedures established in this rule.(B) Definitions. (1) "Demonstration" - A person or assembly of persons engaged in a rally, march, sit-in, fast or other public manifestation of welcome, approval, protest, or disapproval but does not include social, or athletic exhibitions or events.(2) "Non-University affiliated speaker" - A person not enrolled as a student nor employed by the university who addresses or intends to address persons on the campus grounds or in a facility of the university.(3) "Registered student organization" - A student organization properly registered with the office of campus life pursuant to rules 3342-4-01, 3342-4-01.2 and 3342-4- 01.201 of the Administrative Code.(4) "University department" - Any officially recognized section of the university's organizational structure.(5) "Sound amplification equipment" - Any device used to amplify sound.(C) General.(1) Sponsorship. All demonstrations, marches and non-university affiliated speakers (except those identified in paragraph (D)(2) of this rule) must be sponsored by a registered student organization or university department.(2) Signs. Signs attached to rigid supports or framework are prohibited inside campus buildings.(3) Responsibility. In all instances, those sponsoring demonstrations, marches or speakers are responsible for making the necessary provisions to maintain the peaceful demeanor of the assembly, including the arrangements for marshals or other self-governing services in cooperation with the assigned university security personnel. The sponsoring group shall be responsible for all expenses and damages incurred to the university.(4) Unlawful action. The university will neither permit nor condone unlawful action. Civil disobedience as a means to produce change is always a matter of individual conscience and consequence.(D) Demonstrations, marches and non-university affiliated speakers. (1) Registration. In order to secure assistance in planning and obtaining university facilities and in order to protect the rights of all members of the university community, participants and non-participants, student groups and university departments must register demonstrations, marches and non-university affiliated speakers with the scheduling office except as noted in paragraph (C)(2) of this rule. Details concerning space, time and special arrangements will be noted at that time. The scheduling office will determine if an event has been registered and by whom. If an event is registered, the registered facility, and the determination of the registration status by the scheduling office shall be final. If the space has not been registered for an event, the procedures outlined in paragraph (C)(2) of this rule shall apply. When the scheduling office is closed, the Kent student center office should be contacted for verification of scheduling information.
(2) Non-registration. The university permits demonstrations, marches and non-university affiliated speakers without prior registration provided that no sound amplification equipment is utilized and members of the university community not participating in the demonstration may proceed with their normal activities. (a) Areas recommended for demonstrations, marches and non-university affiliated speakers when not previously scheduled include: (i) On the Kent student center plaza;(ii) In front (south side) of the memorial athletic and convocation center;(iii) On the front campus lawn;(b) Use of space. Use of these spaces shall be limited to one hour blocks of time. Should another event or speaker not assume use of the space at the beginning of the next block, the previous user may continue for a subsequent time block. Time blocks begin with the beginning of the hour.(c) Time. The director of the office of campus life, in consultation with the police and appropriate building curator, may develop operational procedures to guide the determination of the subsequent events or speakers. In the absence of specific procedures, those wishing to assume use of the space at the beginning of the next time block should clearly state their intention prior to the start of that time. If questions arise as to the next event or speaker, the parties should first attempt to arrive at an agreeable compromise. Should such a compromise not be possible, the parties should contact the following: in the case of the Kent student center plaza, the curator of the plaza; or in the case of other locations, the office of campus life.(3) Demonstrations, marches and non-university affiliated speakers shall be denied registration by the scheduling office when: (a) The director of campus life or designee, in consultation with the police and the sponsoring student organization (and advisor) or department, has a reasonable basis to conclude that the demonstration or non-university affiliated speaker event substantially threatens to materially disrupt the normal activities of the university, threaten health or safety, or result in a violation of criminal law.(b) The director of campus life or designee, in consultation with police and the sponsoring student organization (and advisor) or department, has a reasonable basis to conclude that there is danger to those participating in the demonstration or march.(4) Furthermore, demonstrations, marches and non-university affiliated speakers may not: (a) Be held inside or in the vicinity of campus buildings except as approved by the director of campus life or designee.(b) Substantially obstruct or disrupt any legitimate function of the university including, but not limited to, research, teaching, administration, public service or other authorized events.(c) Substantially obstruct the free flow of pedestrian or vehicular traffic.(d) The route of all marches or parades must conform to the regulations in paragraphs (D)(4)(a), (D)(4)(b) and (D)(4)(c) of this rule.(E) Non-university affiliated speakers.(1) A university is a forum for the scrutiny and exchange of ideas. Therefore, the university encourages student organizations and university departments to invite speakers to the campus.(2) Registration. Registered student organizations and university departments must register all non-university affiliated speakers (except those identified in paragraph (C)(D)(2) of this rule) with the scheduling office in order to assure orderly calendaring and to facilitate the event. The scheduling office shall establish operational procedures to accomplish this purpose but such procedures shall not impose limitations based upon the subjects to be discussed, or the background, or past associations of the speakers.(F) Violations and sanctions.(1) Terms of violation. A demonstration, march or an event which features a non-university affiliated speaker shall be in violation of this rule and subject to immediate cancellation and an order for all participants to disband by the director of campus life or designee, in consultation with the police and, as available, the sponsoring student organization (and advisor) or department:(a) When it is not registered with the scheduling office with the exception of demonstrations, marches and non-university affiliated speakers in the areas specified in paragraph (D)(2) of this rule;(b) When it has been registered by the scheduling office but violates the terms and conditions thereof;(c) When it substantially disrupts the normal activities of the university, including but not limited to research, teaching, administration, public service, or other authorized events;(d) When it substantially invades the rights of others; or(e) When it results in the violation of criminal law.(2) Notice. It is the responsibility of the director of campus life (or designee) to give "first notice" to groups or individuals in violation of these regulations and report violations of this policy (excluding criminal violations) to appropriate university officials and offices.(3) Legal sanctions. Any person failing to disband from a demonstration or march upon being so ordered pursuant to paragraph (F)(1) of this rule shall be in violation of this rule and subject to appropriate legal sanctions. Students and student organizations in violations of this rule shall be subject to the sanctions of the code of student conduct, rule 3342-4-02 of the Administrative Code and/or arrest for a violation of law. Persons not registered as students who are in violation of this rule shall be subject to arrest for a violation of law.(G) Appeal. Any member of the university community, student organization or university department convinced that arbitrary, unlawful, or unreasonable limitations have been imposed upon any demonstration, march or non-university affiliated speaker event under the provisions of this rule may appeal to the dean of students and student ombudsman. Replaces: 3342-4- 03.1
Ohio Admin. Code 3342-4-03.1
Effective: 9/1/2019
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 09/18/1978, 09/30/2005, 06/01/2007, 03/01/2015, 12/21/2018