576 005 Time, Manner and Place

Standard No. 576-005

TIME, MANNER, AND PLACE RULES FOR SPEECH ACTIVITIES

576-005-0005

Purpose and Scope

(1) The University recognizes and supports the rights of free expression and speech. It is the purpose of these regulations to balance the free speech rights of non-OSU groups/individuals with the significant interests OSU has in preserving its limited space and employee resources for OSU needs. It is the further intent to support the primary educational purpose of the University and ensure that the University’s limited space and employee resources are primarily preserved to be dedicated to the needs of the University, while promoting debate and the sharing of information.

(2) These regulations do not limit otherwise authorized University community use of University facilities.

(3) These regulations do not affect any rights which an employee organization, certified as the exclusive representative pursuant to ORS 243.650 and following, may have been granted pursuant to its collective bargaining agreement or Oregon Revised Statutes.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0010

Definitions

(1) "Person" means any member of the public or the University community.

(2) "Public" means any individual or group not included in the definition of "University community."

(3) "Speech Activities" means leaf-letting, picketing, speech-making, demonstration, petition circulation, and similar speech-related activities.

(4) "University" means Oregon State University.

(5) "University Community" means all students, faculty and staff of the University including student, faculty and staff sponsored organizations.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0015

Public Areas

(1) University grounds are open to the public and the University community for speech activities except any grounds designated for authorized access only. University buildings are open to the public and the University community for speech activities during the regular business hours of the particular building, except the following:

(a) Classroom buildings;

(b) Research and laboratory facilities and buildings;

(c) The Valley Library;

(d) Plageman Hall (Student Health Center);

(e) Any area or building designated for authorized access only.

(2) Speech activities in residence halls and University-owned cooperative houses may be regulated by the Director of University Housing and Dining Services in consultation with appropriate student residence associations. Such regulations shall be content neutral.

Stat. Auth.: ORS 164.205(5) & 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96

576-005-0020

Access, Traffic, and University Business Not to Be Impeded

(1) No speech activities shall impede pedestrian and vehicular traffic nor unreasonably disrupt regular or authorized activities in classrooms, offices, laboratories and other University facilities or grounds. The Vice President of Finance and Administration may require any speech activity to be conducted 15 feet or more from any exit, entrance, staircase, parking lot, or roadway if necessary to allow access.

(2) No speech activities shall be conducted at a volume which unreasonably disrupts the normal use of classrooms, offices and laboratories.

(3) The Vice President of Finance and Administration may designate the portion of a street and the time of day during which a street is not available for speech activities in order to meet traffic, emergency access, and public transit needs.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0025

Notification

(1) In order to allow scheduling and to assure public safety, persons desiring to picket or demonstrate are encouraged to notify the appropriate University official at least 24 hours in advance.

(2) The officials to be notified are:

(a) The LaSells Stewart Center and adjoining plaza: the Director of Conference Facilities and Services;

(b) The Memorial Union and the Quadrangle to the north of the Memorial Union: the Director of the Memorial Union;

(c) All other areas: the Vice President for Finance and Administration.

Stat. Auth.: ORS 164.205(5) & 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0030

University Mail System

In addition to mail delivered through the U.S. Postal System, University mailboxes may be used for the distribution of material related to University business.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 5-1988, f. & cert. ef. 10-13-88

576-005-0032

Use of Tables, Carts, Booths, and Similar Structures

(1) Tables, carts, booths or similar structures may be set out and used on campus only as provided in this rule.

(2) Except as provided in section (4) of this rule, use of a table, cart, booth or similar structure that does not exceed three feet by six feet (3’x6’) is permitted by any member of the Public or University Community engaged in speech activity in any Public Area, so long as the use does not disrupt University access, traffic or business. The University may require users of a table, cart, booth or similar structure who do not have a reservation pursuant to section (3) of this rule to move to a different on-campus Public Area as necessary to avoid such disruption.

(3) Except as provided in section (4) of this rule, use of a table, cart, booth or similar structure larger than three feet by six feet (3’x6’) on campus for informational, nonprofit, commercial, or any other purposes, must be sponsored by a recognized student organization or University department, or a faculty or staff organization.

(a) Recognized student organizations must report the activity under sections (2) and (3) of this rule to the University through an online process managed by the Student Events & Activities Center;

(b) University department or faculty/staff organization sponsored uses in the Memorial Union or the Quadrangle north of the Memorial Union must be scheduled with the Memorial Union Reservation Office. Faculty or staff members (or students) of the sponsoring department or organization must conduct all activity. The Memorial Union Reservation Office shall establish the time period during which the use may take place;

(c) Users who are members of student organizations may provide their own tables, carts, or booths, or reserve tables available through the Memorial Union Reservation Office. Use of Memorial Union tables, carts, or booths is restricted to members of a recognized student organization and the activity is restricted to the Quadrangle north of the Memorial Union. Alternatively, on a first-come, first-served basis, counter space within these rules (without use of tables, carts, or booths) may be reserved in the Memorial Union by student organizations;

(d) Users sponsored by the OSU Athletic Department may request placement of tables, carts or booths in Gill Coliseum or other facilities controlled by the Athletic Department through the Athletic Department Business Office.

(4) Nothing in this rule is intended to authorize:

(a) Sale of products or food on campus in conflict with existing exclusive contracts for similar merchandise or services;

(b) Uses in conflict with any applicable OSU food service or catering policy.

(5) It is the responsibility of the user to acquire any necessary state, county, or municipal licenses.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 1-1992, f. & cert. ef. 6-5-92; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 3-2013, f. 6-7-13, cert. ef. 7-1-13; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0041

Enforcement

(1) Any person violating these rules is subject to:

(a) Institutional disciplinary proceedings, if a student or employee;

(b) An order to leave the immediate premises or property owned or controlled by the University by a person in charge of University property.

(2) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University are subject to arrest for criminal trespass.

(3) The Vice President of Finance and Administration, Vice Provost for Student Affairs, the Dean of Students, Security Services Manager, Director of University Housing and Dining Services, Director of Conference Facilities and Services, the Director of the Memorial Union and Educational Activities, and their designees, have the authority of "persons in charge" of University property for purposes of ORS 164.205(5) and these rules.

Stat. Auth.: ORS 164.205(5) & 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0050

Appeal

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Vice President for Finance/Administration or designee.  If the Vice President for Finance/Administration or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.