PRO 3.045 Freedom of Expression

The college administrator responsible for student services operations, or as otherwise designated by the college president, shall be responsible for this function.

For purposes of this policy, such expressive activities as the exercise of speech, expression, and assembly may take place without prior arrangement in any public commons area.  Public commons areas are described as follows:

• Public foyers, hallways, and study areas, during the times the building is open to the public, and so long as the passage of nonparticipants of the exercise is not unduly hampered;
• Exterior grounds that are not otherwise reserved for use, during the periods the grounds are open to the public, and so long as the passage of nonparticipants of the exercise is not unduly hampered.

College offices, classrooms, and operational facilities are not public commons areas, and may only be accessed by permission of the college employees responsible for these areas (see also POL 3.015 Community Use of College Facilities).  The walls of college buildings, interior or exterior, are not public commons areas for purposes of written or artistic expression, nor are doors or windows, nor trees on college grounds, nor are college provided bulletin boards. Unauthorized postings wherever found will be removed and discarded without notification. The college will establish and identify specific bulletin boards as commons areas for purposes of written or artistic expression, or notices of activities by students.  Postings should be dated, and are allowed space for a maximum of 30 calendar days.

For purposes of this policy, the exercise of speech, expression, and assembly includes such activities as:

• Impromptu meetings and other group activities;
• Speeches, performances, demonstrations, parades, marches, rallies, vigils and related events;
• Distributions of informational materials, such as circulars, newspapers, leaflets and pamphlets;
• Any other expression, including spontaneous expression, protected by the First Amendment to the U.S. Constitution.

While Kirtland Community College maintains its authority to place reasonable limits on the time and place of expressive activities, it shall not consider or regulate the content of speech or viewpoint of speakers in the application of this policy. When expressive activities occur, Kirtland Community College will work to ensure that such activities transpire without interference by the College, provided the learning environment is not disrupted and campus safety is not compromised by said expressive activities. If persons react negatively to expressive activities occurring on the campus of Kirtland Community College, the College will take necessary steps to ensure campus safety while allowing the expressive activity to continue, unless the College’s operations are materially and substantially disrupted.

No expressive activity at Kirtland Community College shall be permitted to:

• Violate or infringe upon the rights of others;
• Falsely defame an individual;
• Constitute a genuine threat or harassment;
• Invade privacy or confidentiality interests;
• Block access to campus buildings;
• Impede ingress or egress to the College or any College property, pedestrian pathway, parking lot, building, facility or event;
• Obstruct vehicular or pedestrian traffic;
• Include the use of audio amplification devices, unless specifically authorized by the College;
• Include the use of fire or pyrotechnics, unless specifically authorized by the College;
• Affix materials to College buildings, equipment, fences, trees or property, unless specifically authorized by the College.

Kirtland Community College does not assume any obligation or responsibility for the content of expressive activities or materials distributed. People engaging in expressive activities assume responsibility for damages to College property, for the cleanup of materials immediately following the conclusion of expressive activities and for remaining in compliance with applicable local, state and federal laws.

Commercial Solicitation

Kirtland Community College prohibits active commercial solicitation on College-owned property unless the activity is specifically authorized by the College. Active commercial solicitation is defined as the promotion or sale of products, merchandise or services for the benefit or profit of individuals or business interests. Groups and individuals seeking to engage in active commercial solicitation activities for a specific duration on College-owned property must first receive written permission, which is contingent upon requestors agreeing to abide by the College’s time, place and manner regulations and comply with all other campus policies.  Anyone who wishes to engage in commercial solicitation is required to reserve time and space for such activities following the terms of POL 3.015 Community Use of College Facilities.

Table Request

Organizations or individuals wishing to set up a table in a commons area must obtain approval from the Vice President of Student Services in advance. Table Request forms are available from the Office of Student Services, extension 248, or [email protected] .   Allow three (3) business days for processing. 

To view the policy, go to POL 3.045 Freedom of Expression