Policies and Procedures
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Expressive Activity

About This Policy

Last Updated
10/29/2024
Responsible Office
Human Resources
Student Development Campus Life

I. Policy Statement

Montclair State University (“University”) recognizes and upholds the right to free speech as a cornerstone of our democratic society. The campuses of the University are primarily dedicated to academic, student life, and administrative functions. The University has an obligation to preserve and protect the health, safety and welfare of Students, faculty and staff (“Employees”), alumni, guests, members of the public, and external individuals or groups not recognized by the University (cumulative, “Public”), and its property, while simultaneously ensuring the effective operation of educational, clinical, research, business, and related functions (cumulative, “Functions”) of the University. The fulfillment of this obligation is the University’s utmost priority and the lens through which this Policy shall be interpreted.

Expressive Activity on the University’s campuses is subject to reasonable regulation with regard to time, place, and manner to ensure the safety of all involved and the University community, as well as to prevent disruption to the Functions of the University.  This Policy is viewpoint and content neutral and provides ample means for Expressive Activity. Expressive Activity by currently enrolled Students and active Employees: (1) can occur in any outdoor space that complies with the reasonable requirements herein; and (2) only requires advanced reservation if people will be gathering.

The University has the obligation to preserve its foremost purpose as an enclave for the pursuit of higher education by Students and to ensure their safety and the safety of individuals tasked with supporting that purpose. Therefore, it is reasonably necessary for the University to draw a distinction between current members of the University community seeking to engage in Expressive Activity and members of the Public.

The University does not assume any responsibility for the content of any materials distributed or displayed during Expressive Activity. Individuals engaged in Expressive Activity pursuant to this Policy speak only for themselves and do not speak for the University. The University does not endorse, support, agree, or disagree with the content of any Expressive Activity or the opinions expressed by those attending, affiliated with, or engaging in the Expressive Activity.

No Policy can address every possible activity or situation that may occur on University property and therefore, the University reserves the right to address such situations as circumstances warrant.

II. Applicability

This Policy applies to all currently enrolled Students, active Employees, and the Public engaged in Expressive Activity on property owned or controlled by the University. Students, Employees, and the Public who violate this Policy or any other University policy may be subject to disciplinary measures, consistent with the following, as applicable: the Student Code of Conduct, employee collective bargaining agreements, faculty and employee handbooks, and federal, state, and local laws.

This Policy is not intended to nor should it be construed to interfere with any rights of Employees to engage in protected labor activity.

III. Rules and Regulations Governing Expressive Activity

  1. Students, Employees, and the Public are allowed to conduct Expressive Activity outdoors on University property as long as the Expressive Activity:
    • Complies with this Policy, the Student Code of Conduct, employee collective bargaining agreements, faculty and employee handbooks, other University policies and all applicable federal, state and local laws, including but not limited to laws prohibiting discrimination and harassment;
    • Complies with all lawful orders issued by the University Police Department and/or University Officials or Designee;
    • Does not create a credible threat to public health, safety, or property;
    • Does not take place in a location that has been previously reserved for another event or activity;
    • Does not include physically attaching materials to or erecting structures on University property in violation of University Policy;
    • Takes place between the hours of 8:30 A.M. and 6:00 P.M.;
    • Does not take place on an active roadway for emergency vehicles, University shuttles, and/or standard vehicle traffic;
    • Does not take place on active walkway for pedestrians so as to not obstruct pedestrian traffic;
    • Does not take place in an active parking lot, designated parking area, or fire lane; and
    • Remains in a single Designated Location for the entirety of the Expressive Activity, as applicable.
  2. All Expressive Activity by Students and Employees that is silent (noiseless) and involves a gathering of individuals shall be permitted anywhere outdoors unless the activity constitutes Disruptive Activity or occurs in a place that fails to comply with the applicable requirements for a Designated Location.Silent Expressive Activity by an individual, such as wearing a certain article of clothing or head covering, does not fall within the scope of this Policy. This Policy only applies to silent Expressive Activity that gathers individuals together.Silent Expressive Activity must not interfere with another individual’s ability to engage in an event or Expressive Activity, obstruct an audience member’s view, or prevent a speaker from conveying their message.
  3. All posting, distribution, or hanging of signs, posters, banners, or other printed materials, including any postings on bulletin boards, must comply with the University’s Posting Policy.
  4. Organic or spontaneous Expressive Activity must comply with this Policy. Organic or spontaneous Expressive Activity involving sound will be routed to a Designated Location by University Official or Designee.
  5. All Students, Employees, and the Public engaged in Expressive Activity, including but not limited to individuals attending related events or passersby, must conduct themselves responsibly and peacefully.
  6. Speakers at Expressive Activity have the right to speak without intimidation or interference and the audience has the right to hear and see such speakers without interference or intimidation.
  7. Expressive Activity shall not violate or hinder the rights of others to access and use the campuses and University facilities, such as residence halls, libraries, classrooms, food establishments, research labs, etc. Expressive Activity shall not prevent anyone from pursuing their studies, work, or other campus activities.
  8. Weapons, objects used as weapons, and other dangerous instruments or substances cannot be present or used in any Expressive Activity.
  9. The use of Amplified Sound during Expressive Activity on University property is prohibited.
  10. All chalking must be done with temporary and environmentally-friendly substances that can be easily removed after one week. All chalking must be limited solely to the Amphitheater, sidewalks, and walkways and is prohibited indoors and on any vertical surface or structure. Any costs incurred by the University for the removal of chalking or any other markings will be passed on to the appropriate party.

IV: Definitions

  1. Amplified Sound refers to any sound enhanced by sound-amplifying equipment, which includes but is not limited to, any machine or device used for the amplification of the human voice, music, or any other sound.
  2. Collaboration or co-sponsorship refers to any coordination (financial or otherwise) between Students, Registered Student Organizations (RSOs), Employees and/or other groups recognized by the University and the Public in Expressive Activity.
  3. Common Hour refers to the dedicated time slots for Student engagement and campus-wide activities during which there are no scheduled classes. The Common Hour through December 24, 2024 is Wednesday, 1:30 p.m. to 5:00 p.m. on the Montclair campus and Thursday, 2:00 p.m. to 4:00 p.m. on the Bloomfield campus. Effective January 2, 2025, the Common Hour will be Monday and Wednesday, 2:00 p.m. to 3:30 p.m. on both campuses.
  4. Designated Location, for currently enrolled Students, RSOs, Employees, and other groups recognized by the University, refers to any outdoor space on the Montclair or Bloomfield campus that complies with the following requirements:
    • Is at least approximately 100 feet away from any academic building (this restriction does not apply during the Common Hour on either campus or to silent Expressive Activity);
    • Is not within approximately 100 feet of the entrance of any building, so as not to impede ingress or egress;
    • Does not encompass or block any stairs, stairways, or landings immediately above or below a stairway. This includes the stairs and landings surrounding the Student Center on the Montclair campus;
    • Is not already reserved for another event or activity; and
    • Does not pose a true, direct threat to the health and safety of Students, Employees, other members of the University community, or the Public.

    Examples of Designated Locations on the Montclair and Bloomfield campuses can be found at the end of this Policy.

  5. Designated Location, for the Public, refers only to the Amphitheater on the Montclair campus and the Back Quad on the Bloomfield campus. Any Student, RSO, Employee, or other group recognized by the University collaborating or co-sponsoring an Expressive Activity with the Public in any way will be treated as the Public and be required to utilize the Amphitheater or Back Quad.
  6. Disruptive Activity refers to conduct that violates this Policy, the law, or materially or substantially interferes with the University’s Functions, ability to effectively and peacefully educate Students, ensure the safety of Students, Employees, and the Public, and/or places substantial burden on the University. Disruptive Activity includes but is not limited to the following:
    • any incitement to imminent violence, physical or verbal threats, harassment, property damage of any sort, occupation of buildings, encampment, or general defiance of reasonable crowd control measures employed by University Police or other law enforcement;
    • failure to adhere to a directive of University Police, University Official or Designee;
    • the scaling and/or standing atop any furniture, walls, roofs, partitions, or other surfaces, or any other conduct that creates a risk of injury to persons or property damage;
    • any throwing of objects;
    • any conduct that intentionally and/or substantially interferes with another person’s right to engage in Expressive Activity;
    • any attempt to engage in Expressive Activity in a space that is already reserved for another event or activity; and
    • any use of sound that unreasonably interferes with the ability of faculty to deliver instruction or the ability of Students to engage in academic activity inside of academic buildings.
  7. Employee refers to any faculty or staff actively employed by the University.
  8. Expressive Activity refers to any noncommercial lawful verbal, written, symbolic, or audiovisual activity or conduct engaged in by individuals wishing to participate in free expression or to publicly express ideas, opinions, or messages to the campus community or a portion thereof.  Expressive Activity can be silent or involve sound. Expressive Activity excludes Disruptive Activity.
  9. Public refers to any individual or entity not currently enrolled in or currently employed by the University. This includes local, state, national, or international organizations with subsidiaries or chapters at the University.
  10. Sound refers to all oral, acoustic, and other sound communication, including but not limited to chants, clapping, speeches, stomping, and other forms of sound or noise generated by one or more individuals.
  11. Organic or Spontaneous Expressive Activity refers to Expressive Activity that does not involve any advanced organizing, advertising, or planning. Posting about an event on social media or University listservs before an Expressive Activity occurs constitutes advanced organizing.
  12. Student refers to any individual currently registered and enrolled in at least one credit-bearing course at the University.
  13. University Official or Designee refers to the President of the University, Chief of Staff to the President, the Vice President of Student Development & Campus Life, the Provost, the Associate Provost, the Dean of Students, the Assistant Dean of Students, University police officers, and campus safety and security officers, their respective designees, or other official designee of the University.

V: Procedures

  1. In order to ensure that the University can dedicate sufficient resources to maintain the safety of all involved and to ensure that the desired space is available, advanced reservation of space is required for any Expressive Activity, silent or otherwise, that is planned in advance and gathers individuals together. This section, V.A, and V.B below solely apply to these types of Expressive Activity .
    • Students, RSOs, Employees, and other groups recognized by the University shall submit a space reservation request to the Assistant Dean of Student Engagement on the Montclair Campus or the Senior Associate Dean of Students on the Bloomfield campus no less than five (5) business days prior to the requested reservation date. The University will typically respond to the reservation application within two (2) business days. Failure to adhere to this process shall result in the denial of a reservation request.
    • The Public must submit a space reservation request in order to utilize the Amphitheater (Montclair campus) or Back Quad (Bloomfield campus) for any kind of  Expressive Activity. The reservation requests must be submitted to the Assistant Dean of Student Engagement on the Montclair campus, or Senior Associate Dean of Students on the Bloomfield campus, no less than five (5) business days prior to the requested reservation date. Failure to adhere to this process shall result in the denial of a reservation request.
    • In the event of simultaneously submitted requests for the same Designated Location, the following order of precedence shall govern: (1) official University-sponsored or contracted activities and events; (2) recognized Student organization activities and events; (3) Student activities and events; (4) Employee activities and events; and (5) all other activities and events.
    • All space reservation requests can be submitted using the following hyperlink: https://montclair.campuslabs.com/‌engage/‌submitter/‌form/‌start/‌643827
  2. Expressive Activity space reservation requests may be denied for reasons including but not be limited to the following:
    • The request conflicts with this Policy;
    • The estimated and anticipated size of crowd is larger than the requested Designated Location can safely contain;
    • The activity poses a credible threat to public safety, as determined by the University Police Department;
    • The activity will occur during college examination periods or during other major campus events, such as convocations/commencement, homecoming, or heavily attended athletic competitions or performances;
    • The activity, considered alone or in the aggregate with other activities already scheduled for the same day and/or time, imposes a substantial burden on University resources, including the inability to schedule sufficient personnel, such as University police officers, campus safety and security officers, and administrators within the necessary time frame.
  3. Responsibility for Cleaning Costs, Damages, and Other Costs: The Student, RSO, Employee, other organization recognized by the University, or the Public requesting the reservation, or the individual and/or entity responsible for organizing the Expressive Activity is responsible for preserving and maintaining the cleanliness and order of the Designated Location. Any damage to the Designated Location or any University property during the Expressive Activity shall be the responsibility of the person or organization (and its officers, if applicable).
  4. Cancellation or Termination of Expressive Activity: If, at any time subsequent to the approval of an Expressive Activity space reservation request, the University determines that any circumstance that would have resulted in the denial of a request has arisen, the University reserves the right to cancel or reschedule the Expressive Activity. The University will provide notice of such a decision.
  5. Disruptive Activity/Termination of Expressive Activity: Expressive Activity that violates this Policy shall be deemed Disruptive Activity.  University Police or a University Official or Designee shall notify participants of the violation and provide guidance on how the Expressive Activity can comply with the Policy.  Failure to adhere to such guidance and the continuation of the Disruptive Activity shall result in the termination of the Expressive Activity.  Upon termination, all participants must disperse.

VI: Examples of Designated Locations subject to the conditions noted herein:

Montclair Campus

  • Alumni Green
  • Amphitheater
  • Area behind Student Center Annex
  • Area surrounding Cole Hall
  • Areas surrounding Blanton, Webster, and Bohn Halls
  • Bricked patio at the bottom of the lower stairway between Student Center and Student Center Quad grass field
  • Student Center Quad grass field
  • Tennis Courts

Bloomfield Campus

  • Back Quad
  • Main Quad

This Policy does not extend to locations not owned or operated by the University, such as public streets or sidewalks adjacent to the campuses. Any individual or organization engaging in Expressive Activity outside of the Montclair and Bloomfield campuses is responsible for ensuring compliance with local and state laws.

This Policy does not apply to any person or organizations desiring to sell or promote merchandise or services on campus, as such activity is not Expressive Activity. Any person or organization desiring to sell or promote merchandise or services on campus must contact the Office of Campus Business Services.

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