16.11.
Rights of Discussion, Expression, and Advocacy: In the
exercise of the rights of discussion, expression, and advocacy on UCSD,
all persons are guaranteed the right of freedom from undue surveillance.
Specifically, the video-taping of student demonstrations should not
occur unless there is probable cause to believe that participants are
engaging in illegal activity or activity subject to UCSD disciplinary
proceedings. No information shall be gathered for any other purpose
and placed or maintained in police or administrative files.
16.12.
Time, Place and Manner of Exercise of Expression: The
time, place and manner of exercising free expression and advocacy at
UCSD are subject to UCSD regulations that shall provide for noninterference
with University or UCSD functions and reasonable protection to persons
against practices which would make them involuntary audiences.
16.13.
Chancellor's Responsibility: It is the responsibility of the
Chancellor to assure an ongoing opportunity for the expression of a
variety of viewpoints.
16.14.
Political and Religious Expression: These UCSD policies
and regulations in no way constitute prohibitions on the right to express
political or religious views by an individual in the UCSD and University
community. UCSD recognizes, supports, and shall not abridge the constitutional
rights of faculty, students, or staff to participate either as individuals
or as members of groups in the political process of supporting candidates
for public office or any other political or religious activity.
16.15.
Student Demonstrations and Rallies
16.15.10.
References and Related Policies
16.15.10.10.
University of California Policies Applying to UCSD Activities, Organizations
and Students
16.15.10.11.
UCSD Policy and Procedure Manual (PPM) Section II, 510-1, Use
of University Properties
16.15.11.
Introduction
In order to
carry on its work of teaching, research and public services, UCSD
has an obligation to maintain conditions conducive to the conduct
of University business in a free and open manner; and in accordance
with the highest standards of quality, institutional integrity, and
freedom of expression, with full recognition by all concerned of the
rights and privileges, as well as the responsibilities, of those who
comprise the UCSD community. Each member of the UCSD community shares
in the responsibility of maintaining conditions conducive to achievement
of the University's purposes.
16.15.12.
Definitions
16.15.12.10.
Expression and Advocacy:
On-campus open
expression and advocacy is defined as the action by any individual
or group who exercises expression and advocacy in an open forum at
UCSD. Planned or spontaneous demonstrations or rallies that result
from exercising expression and advocacy by any individual or group
are included in this definition.
16.15.12.11.
Grounds Open to the Public:
For the purpose
of these regulations, the term, "Grounds generally open to the public"
is defined as the outdoor areas of UCSD, (lawns, patios, plazas) that
are at least 25 feet from the entrances/exits of UCSD buildings and
parking lots, and that are also a safe distance from the curbings
of UCSD roads. All activity in these areas must be conducted in such
a way that traffic is not impeded and the normal activity in classrooms
and offices is not disrupted. Tables or moveable stands may not be
placed in areas where passages to any entrances or walkways are blocked.
Only official UCSD administrative units can set up tables or moveable
stands without permission from the UCSD Official responsible for the
area.
16.15.13.
Policy
16.15.13.10.
General:
The time, place
and manner of exercising expression and advocacy is subject to the
regulations that provide for noninterference with University or UCSD
functions and reasonable protection to persons against practices that
would cause bodily harm or injury, or otherwise infringe upon the
legal rights of others. UCSD administrative officials are responsible
for the effective implementation of this policy.
16.15.13.11.
Related Policies
The University-wide
policies contained in Section 16.15.10., above are considered part
of this policy and are also applicable to students.
16.15.13.12.
UCSD Policy
Any individual
or group wishing to exercise rights of expression and/or advocacy
may utilize UCSD grounds generally open to the public. These areas
include: but are not necessarily limited to:
Revelle College
Plaza
Revelle College
Grassy Knoll
Muir College
Quad
Thurgood Marshall
College Quad
Warren College
Commons Area
Gym Steps
Student Center
Area
Eleanor Roosevelt
College Residence Hall Quad
Pepper Canyon
Plaza
Eleanor Roosevelt
College Quad
16.15.13.13.
The use of amplification as part of the rights of free expression in
student demonstrations and rallies is permitted in the above designated
areas as specified in Section 16.16. et seq. below. The use of amplification
in times other than indicated shall be subject to approval by the Office
of Student Programs, and the appropriate college dean or administrator
of the designated areas listed above.
16.15.13.14.
The conduct of student demonstrations and rallies in designated UCSD
areas as a part of the exercise of expression and/or advocacy shall
include the use of demonstration monitors to be designated by the sponsor(s)
or organizer(s) of the event.
16.15.13.15.
At such time as the Vice Chancellor Student Affairs becomes aware of
a spontaneous demonstration or rally on UCSD for the purpose of exercising
expression and/or advocacy, a Student Affairs Coordinator shall be appointed.
16.15.14.
Procedures
16.15.14.10.
Role of Demonstration Monitors
A minimum of
two demonstration monitors will always be designated. For large student
demonstrations or rallies, a minimum of one monitor per hundred participants
anticipated shall be appointed exclusive of the minimum. All monitors
must consent to serve as such and shall wear an identifying mark,
badge, or other means of identification that is clearly visible. Demonstration
monitors are responsible for maintaining reasonable order during the
course of the demonstration and coordinating events with the Student
Affairs Coordinator to insure the health and safety of demonstration
participants as well as bystanders.
16.15.14.11.
Appointment of Student Affairs Coordinator by the Vice Chancellor Student
Affairs
At such time
that a request is made to an appropriate college dean or administrator
for the use of a designated UCSD or college area, or at such times
that the VCSA becomes aware of a spontaneous gathering on UCSD for
the purpose of exercising speech and/or advocacy, the VCSA shall appoint
a Student Affairs Coordinator. The VCSA will maintain a list of individuals
within the VCSA Affairs organization who are to be on call to serve
as coordinators.
Role of Student
Affairs Coordinators
Student
Affairs Coordinators are responsible as appropriate per event for
the following:
Initiate
appropriate liaison with the individual or group requesting use
of a designated UCSD area. Verify names of all monitors.
Contact
the UCSD Police and conduct preliminary discussions about the
forthcoming event that is planned or anticipated. Obtain the name
of the UCSD Police liaison person.
Be present
at the event, arriving on the scene prior to its scheduled or
anticipated starting time or as soon as practical after being
informed of the event.
Observe
events as they occur to ensure that individual rights are not
being violated, University/UCSD property is not being damaged
or destroyed, and contact the UCSD Police liaison for appropriate
action in cases of unlawful activities, including but not limited
to obstruction or disruption of teaching, research, administration,
disciplinary procedures, or other UCSD related activities.
Make the
determination in consultation with demonstration monitors and
in accordance with existing University policies and UCSD regulations
relating to speech and advocacy that a group of individuals should
be dispersed and/or relocated. Dispersal and/or relocation determinations
shall be publicly announced and shall include a reasonable warning
period.
When violations
of law, University policy, or UCSD regulations occur at the event,
consult with the UCSD Police liaison and in accordance with existing
University policies and UCSD regulations relating to use of University
property and speech and advocacy, take action as deemed appropriate
and necessary.
Role of UCSD
Police
The UCSD
Police official(s) at any event described above will be responsible
for upholding all Federal and State of California laws and applicable
UCSD policies and regulations. UCSD Police would be expected
to take immediate action in any case involving the imminent
threat to destruction of UCSD or University property or the
imminent threat of bodily harm.
When the
Student Affairs Coordinator in consultation with student demonstration
monitors has made a determination that a group of individuals
should be dispersed and/or relocated, the UCSD Police official
will be so informed and shall attempt to peacefully implement
the decision. If the group does not disperse and/or relocate
and, if in the opinion of the UCSD Police official a violation
of the Unlawful Assembly statute is occurring, the official
shall read the Unlawful Assembly dispersal notice to the assembled
group. A second reading shall be given and appropriate action
shall be taken by the police official if the group fails to
obey the instructions.
16.16.
Use of Amplified Sound
16.16.10.
Designated Times and Places for Use of Amplified Sound
16.16.10.10.
Amplified sound is authorized in the areas listed below on Monday through
Friday between 11:30 a.m. - 2:00 p.m. and on Saturday and Sunday after
4:00 p.m. and before 10:00 p.m., unless otherwise approved by the UCSD
official designated for the site.
Eleanor
Roosevelt College Residence Hall Quads
Revelle
College Plaza
Stonehenge
at Revelle College
Muir
College Quad
Thurgood
Marshall College Commons
Warren
College Mall
Price
Center Plaza
Revelle
College Grassy Knoll
Student
Center Area
Student
Center Plaza
Pepper
Canyon Plaza
Eleanor
Roosevelt International House Lawn
Eleanor
Roosevelt College Green
Thurgood
Marshall College Res Life Quad
Thurgood
Marshall College Cul de Sac
16.16.10.11. No amplified sound
is allowed for the Gymnasium Steps except between 4:00 p.m. and 10:00
p.m. on Friday, Saturday and Sunday unless otherwise approved by the
UCSD designated facility manager.
16.16.10.12.
Exceptions to these locations and times must be approved by the
designated facility manager, e.g. College Dean, University Center Director
or Assistant Vice Chancellor Student Programs and Facilities.
16.16.11.
Required Procedures for Use of Amplified Sound
16.16.11.10.
The use of amplified sound must be scheduled through the UCSD master
calendar website and approved by the designated facility manager.
16.16.11.11.
Exceptions to these event scheduling guidelines must be approved by
the designated facility manager.
16.16.11.12.
Decibel Levels: The maximum permissible decibel
level, measured at the sound mix panel, is of 108 dBA peak and
a continuous/average decibel level of no more than 98 dBA.
16.16.11.13.
Decibel Monitoring: Contracts for outdoor musical
events must include language that mandates adherence to the decibel
level policy established by UCSD. Events will be monitored by a designated
University official with costs recharged to the sponsoring organization.
When the decibel level is unacceptable, the program sponsor/advisor
or the facility manager will take the necessary corrective action, including
but not restricted to, cancellation of the event and non-payment of
the performing group since a violation of contractual agreements has
occurred.
16.16.11.14.
Any scheduled event will have priority over other spontaneous uses of
the areas concerned. Sound amplification equipment may not be used at
other outdoor locations unless approved in advance by the Assistant
Vice Chancellor Student Programs and Facilities.
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