11.13 / Use of University Campus by University Groups for First Amendment Activities

Preamble:
As a state educational institution of Kansas, the buildings, facilities and grounds of the University are dedicated to education and the fulfillment of the University's approved mission to provide high quality instruction and make original contributions to the knowledge and human understanding of its students.  The public character of the University does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the University's buildings, facilities and grounds are intended and dedicated.   While said buildings, facilities and grounds are not available for unlimited use by University groups, it is recognized that students and employees of the University should be accorded opportunity to utilize the facilities and grounds of the University to the fullest extent possible.   These time, place and manner regulations are intended to balance the University's responsibility to fulfill its mission as a state educational institution of Kansas with the interests of University groups who are interested in using the campus of the University for purposes of constitutionally protected speech, assembly or expression.

Policy Statement:

1.  Subject to the regulations and requirements of this policy, University groups¹ may use the campus of the University² for first amendment activities.³

2.  Notification of intent to be on campus to engage in first amendment activities (hereinafter "the Event") shall be provided to the University Police Department no later than seventy-two (72) hours prior to the Event along with the following information:

a.  The name, address and telephone number of the individual, group, entity or organization sponsoring the Event (hereinafter "the Sponsoring Organization"); and

b.  The name, address and telephone number of a contact person for the Sponsoring Organization; and

c.  The date, time and requested location of the Event; and

d.  The nature and purpose of the Event; and

e.  The type of sound amplification devices to be used in connection with the Event, if any; and

f.  The estimated number of people expected to participate in the Event.

4.  If more than forty (40) people are expected to participate in the Event, the Event must be held in one or more of the areas shown on the attached map (hereinafter "the Limited Public Forum").  (Note to readers of this policy on the World Wide Web: Copies of the map of "Limited Public Forums" can be picked up at University Police headquarters.)

5.  The use of sound amplification devices is limited to the Limited Public Forum area as long as the sound amplification device is used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories or any previously scheduled University event or activity.

6.  The Event shall not last longer than eight hours from beginning to end.

7.  Information may be distributed as long as it is not obscene or libelous or does not advocate unlawful conduct.  The Sponsoring Organization is encouraged, but not required, to include its the name and address on the distributed information.⁴

8.  Solicitations of funds, or activities where products or services are offered for sale, shall not occur in connection with the Event.

9.  The University campus should be cleaned up and left in its original condition and may be subject to inspection by a representative of the University after the Event.  Reasonable charges may be assessed against the Sponsoring Organization for the costs of extraordinary clean-up or for the repair of damaged property.

10.  All fire, safety, sanitation or special regulations specified for the Event are to be obeyed.

11.  The University cannot and will not provide utility connections or hook-ups for purposes of first amendment activities conducted pursuant to this policy.

12.  The Event must not obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the University, or to University buildings or facilities, or to University activities or events.

13.  The Event must not create safety hazards or pose unreasonable safety risks to University students, employees or invitees to the University.

14.  The Event must not interfere with educational activities inside or outside any University building or otherwise prevent the University from fulfilling its mission and achieving its primary purpose of providing an education to its students.

15.  The Event must not materially infringe on the rights and privileges of University students, employees or invitees to the University.

16.  The Event must also be in accordance with any other applicable University policies and regulations, regulations and policies of the Kansas Board of Regents, local ordinances and/or state or federal laws.

17.  The President of the University may authorize first amendment activities which are reasonably determined not to cause disruption of University activities despite a literal violation of this policy statement.  Such determinations shall be made without consideration of the content or message of the first amendment activities.

18.  The President of the University may at any time, terminate, cancel or prohibit the Event if it is determined, after proper inquiry, that the Event does constitute or will constitute a clear and present danger to the University's orderly operation.

19.  Any person determined to be violating this policy is subject to an order from the University Police Department to leave  the University campus.  Persons failing to comply with such an order to leave the University campus are subject to arrest for criminal trespass.

20.  The University recognizes and supports the rights of University groups to engage in first amendment activities.  This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the University to fulfill its mission as a state educational institution of Kansas.
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¹For purposes of this of this policy, "University groups" shall mean individuals who are currently enrolled students or current employees of Wichita State University or who are affiliated with a recognized student organization or a recognized employee group of the University.

²This policy statement is applicable to the campus of the University bounded by Hillside, 21st Street, Oliver and 17th Street, the Metropolitan Complex located at the corner of 29th Street and Oliver and the West Campus.

³Examples would include, but not necessarily be limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, mass protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

⁴To avoid excessive littering of the campus and/or greatly increased work requirements for University physical plant employees, University groups are asked to cooperate with the University in limiting the distribution of information leaflets or pamphlets to areas immediately adjacent and surrounding the Rhatigan Student Center.

Implementation:
This policy statement will be made a part of the WSU Policies and Procedures Manual and shall be shared with all University individuals, groups or organizations interested in access to and use of the campus of the University for first amendment activities in accord with the policy statement.

Effective Date:
September 1, 1998

Revision Date:
January 1, 2008