Policies, Procedures and Guidelines | SUNY Empire State College

Time, Place and Manner Policy

Sponsor:	Senior Vice President for Administration and Finance
Contact:	Director of Emergency Management and Public Safety
Category:	Administrative
Number:	200.017
Effective Date:	08/29/2024
Implementation History:	First version August 2023, revised August 2024
Keywords:	Free Speech, Facility Use, Crowds.
Background Information:

Purpose

Empire State University (SUNY Empire) respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York, as well as applicable federal and state laws. SUNY Empire values the free expression of ideas, including the right of all views to be voiced, as critical to our educational mission to prepare students to thrive in a democratic society. This policy reiterates our responsibility to educate students about the fundamental importance of free expression and tolerance for diverse viewpoints.

Consistent with this policy, as a public entity, SUNY Empire will provide a designated public forum for the exercise of free speech rights to campus constituents (students, faculty, and staff) and members of the public. This policy applies to individuals and groups both affiliated and unaffiliated with SUNY Empire.

SUNY Empire 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 each SUNY Empire location.

This policy applies to University-affiliated speakers, including University-sponsored and operated classes, clubs, groups, and other special events, as well as non-University-affiliated speakers. Non-University-affiliated speakers are defined as persons not affiliated with SUNY Empire, or a person or group not acting in their role as a student or employee, who addresses or intends to address persons on the grounds of a SUNY Empire location.

Non-University-affiliated speakers are not officially sponsored by the University and/or a student association or student club recognized by the University. Such individuals/groups are referred to in this policy as non-University-affiliated speakers.

Events by both University-affiliated speakers and non-University-affiliated speakers are referred to in this policy as “free speech events.”

The views of individuals speaking at SUNY Empire locations are the views of the individuals alone and not the views of SUNY Empire. The fact that SUNY Empire permits an activity or group meeting to occur on its premises does not imply endorsement of the event, speech, or ideas presented at the event or activity by SUNY Empire.

Definitions

Camping:

In indoor or outdoor locations, the establishment of, evidence of an attempt to establish, or maintenance of temporary or permanent living quarters at any location on University property—this includes the establishment of any indoor and/or outdoor encampment erected in connection with any lawful assembly of individuals pursuant to SUNY Empire policies;
Remaining in or around any parked vehicle overnight at a SUNY Empire location; or
Establishing or maintaining indoors or outdoors, or in or under, any structure not designated for human occupancy, at any time during the day or night, a temporary or permanent place for cooking, storing of personal belongings, or sleeping by setting up any bedding, sleeping bag, mattress, tent, hammock or other sleeping equipment, or by setting up any cooking equipment that has not been approved by the Office of Public Safety and Emergency Management.

Campus: Any University owned, leased, licensed or operated space, facility, property, grounds, or building.

Tent: All structures, enclosures or shelters constructed of any material, including but not limited to fabric or pliable materials supported by any manner.

University: Empire State University, also known as SUNY Empire.

Statements

Application of Policy

This policy governs the access to University facilities by members of the public and groups both affiliated and not affiliated with the University, and it specifies the time, place, and manner where free speech events can occur.

University-sponsored events: University-affiliated speakers and others presenting events sponsored by the University or student association or student clubs and third parties that are using University facilities for public or private meetings should refer to the Facilities Use Policy and Procedures, SUNY Empire Policy 600.012.

Non-affiliated commercial use: Anyone wishing to use University facilities for business purposes or personal gain should reference the Commercial Use of Facilities policy, SUNY Empire Policy 600.039.

Policy on Content of Speech/Controversial Speech

Through this policy or otherwise, SUNY Empire does not regulate speech based on its content or identity of the speaker. SUNY Empire will remain a neutral venue and provide the same level of safety and respect to all speakers. SUNY Empire strives to ensure a safe environment for all constitutionally protected speech, regardless of its content.

Individuals have the right to respond to a speaker with protected speech of their own. While this may include respectful response, listeners may not threaten a speaker or commit any violent act against a speaker or create a situation in which the speaker cannot be heard.

Time, Place, and Manner Policy Statement

Time

The use of the designated public forum at each location owned by SUNY Empire (noted below) may be requested for up to a four-hour time block between the hours of 8 a.m. and 4:30 p.m. if space is available and it is not during an exclusion period as defined below.

Exclusion Periods/Disruption of University Programs

Events may not disrupt educational activities or University operations and administration.

SUNY Empire has excluded certain periods on its calendar during which the use of University facilities, including outdoor spaces, is reserved exclusively for University-sponsored activities that are at the core of its primary educational mission. SUNY Empire defines the exclusion periods to include University-wide events such as, but not limited to, University-sponsored conferences, academic residencies, commencement events, and/or during celebrations of the University, as well as other times when the president determines that such exclusion is in the best interests of the SUNY Empire community. During these exclusion periods, use of all public forums shall be curtailed so as not to interfere with core, mission-centric programming.

Place – Designated Public Forum

SUNY Empire identifies the following areas as locations for free speech events (designated public forum areas) on University-owned property:

The designated public forum area for free speech events in Saratoga Springs is the lawn area north of the 113 West Avenue building.

The designated public forum areas at the Rochester and Selden locations are the lawn areas outside of the main entrance of each building, located at 680 Westfall Road, Rochester, NY and 407 College Road, Selden, NY.

Appendix A provides an aerial view of all three locations.

Any individual who does not comply with the designated public forum area will be asked to leave and/or be removed from the University location and not allowed to return.

The president shall have the authority to change, either permanently or temporarily, the site of the designated public forum area to another area of the University to address concerns for the health, safety, and/or welfare of the University community.

Permitted uses of University-leased locations fall under the purview of each respective lease agreement and building policies.

Manner

First priority for the use of University facilities will be given to University programs offered as part of SUNY Empire’s instructional, community and/or public meetings or programs.

In compliance with the SUNY Rules for the Maintenance of Public Order, SUNY Empire’s director of emergency management and public safety makes recommendations to the University president regarding the risk to public safety. The president has the authority to deny access based on risk to public safety. The University reserves the right to not approve a free speech event either due to risk of disruption to the fulfillment of the University’s core mission or lack of security staff availability.

Given the distributed nature of SUNY Empire, both University-affiliated and non-University affiliated individuals or groups are reminded that they must comply with the noise ordinances of the city, county, and any other applicable jurisdiction(s). No amplification equipment, such as megaphones or speakers, may be used.

Subject to other provisions of this policy, SUNY Empire will act in accordance with the following for affiliated and non-affiliated individuals and/or groups seeking to present a free speech event consistent with this policy:

Applications will not be denied solely based on the topic, nature, or content of the free speech.
Applicants will not be charged an application fee or space rental fee to reserve or use a designated public forum area. Non-affiliated speakers or groups must pay SUNY Empire the estimated cost of basic added security for the free speech event. These security charges are calculated on a case-by-case basis and are determined through an analysis of anticipated safety, attendance, and traffic impacts of the event. The director of emergency management and public safety will determine the need for and number of additional security/police officers to perform security functions during any public assembly.
No insurance requirements will be imposed on the applicant/third party.

Rules and Guidelines for Conduct, Speech, and Public Assembly

Speakers: In view of the desire of SUNY Empire to promote free speech, the designated public forum area is open to everyone who follows the provisions of this policy.
The right to dissent: The speaker(s) is/are entitled to communicate their message to the audience, and the audience is entitled to hear the message and see the speaker. While listeners have the right to disagree with the messages being conveyed, that disagreement does not give the right to disrupt the presentation. A dissenter must not substantially interfere with the speaker’s ability to communicate or the audience’s ability to hear and see the speaker. Likewise, the audience must respect the right to dissent.
Symbolic protest: During a presentation, displaying a sign, gesturing, wearing symbolic clothing, or otherwise protesting are permitted to the extent it is not a disruptive activity when it does not impede access, including, but not limited to blocking the audience’s view or preventing the audience from being able to pay attention.

Prohibited Conduct

Free Speech Events

The policies and procedures of SUNY Empire must be observed at all times. In addition, those who schedule or participate in free speech events or public assembly activities at University-owned locations must not:

Threaten passers-by.
Interfere with, impede, or cause blockage of the flow of vehicular or pedestrian traffic.
Commit any act likely to create imminent safety or health hazards.
Interfere with or disrupt any other lawful or permitted activity by anyone in the same general location at the same time.
Post any materials on any buildings, walls, windows, doors, sidewalks, trees, light poles, or any other University-owned property or equipment except in designated areas.
Conduct speech that is discriminatory and/or includes words that by their very nature are threatening or risk inciting an immediate breach of the peace.
Engage in any speech or action that is not allowed by law.
Engage in any speech or action that is likely to incite or produce immediate lawless action or that is, under current legal standards, either defamatory or indecent.
Incite others to commit any of the acts prohibited.
Bring or use dangerous instruments as defined by NYS Penal Law, including but not limited to poles, flag poles, bats and other similar athletic items, clubs, sticks (including sticks used to hold signs).
Post written and printed materials on vehicles.

It is the responsibility of the organizers of free speech events to ensure that individuals participating in the event abide by these conduct provisions.

Failure to comply with any of these provisions may result in future denial of use of the designated public forum areas.

All groups or individuals wishing to hand out or otherwise distribute noncommercial written or printed materials on SUNY Empire property must comply with University posting policies. The applicant shall be responsible for removing from the designated public forum any brochures, pamphlets, leaflets, or other handouts or any items brought to the forum during their speech or assembly, and removing them from the SUNY Empire property or properly disposing of them in public recycling or garbage receptacles.

The University reserves the right to terminate any use of the designated public forum area if the speaker or a member(s) of the audience engages in conduct that violates the SUNY Rules for the Maintenance of Public Order, or other applicable laws, rules, policies, or procedures, in order to secure the orderly operation of SUNY Empire for the safety of the entire University community.

University Buildings and Property

In addition to the prohibited conduct during free speech events in public forum areas, the following activities on University property are strictly prohibited:

Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other University area that is not authorized, without permission;
Occupation of a building after it is normally closed;
Obstruction of any roadways running through or adjoining the University’s location grounds; and
Camping on any University grounds.

All individuals participating in free speech events at a SUNY Empire location are required to provide a form of University-issued or government-issued identification upon request from a University official.

SUNY Empire takes compliance with this policy seriously. Students should expect that violations of this policy will result in disciplinary action under SUNY Empire’s Code of Conduct, up to and including interim suspension, suspension, and expulsion.

Applicable Legislation and Regulations

Free speech events must comply with all applicable laws (including but not limited to Education Law Section 6430 and 8 NYCRR 535) and the policies of SUNY Empire and the SUNY System (including but not limited to SUNY Rules for the Maintenance of Public Order).