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M E M O R A N D U M
| To: |
James W. Vick
|
| From: |
Sharon H. Justice
|
| Subj: |
Proposed Revisions to Rules for Use of
University Facilities
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| Date: |
April 11, 2001
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I write to report the recommendations of
a committee you asked me to convene to review rules regarding use of university
facilities as they are outlined in Appendix C, Chapter 10 of the General
Information Catalog. The committee members were Joe Powell, Associate
Vice President for Employee and Campus Services; Kevin Rome, Assistant
Dean of Students for Campus and Community Involvement; and Cheryl Wood,
Senior Student Affairs Administrator in the Office of the Dean of Students.
The work of the committee included consideration of the questions raised
by President Faulkner in his March 19, 2001, memorandum to the Faculty
Council.
In addition to our recommended changes to the rules, we also are of the
opinion that while we work with these rules on a daily basis, our community
must be better informed. We will propose an educational campaign, soliciting
advice from the campus community in this endeavor. Our ideas include
better
use of the web and distribution of informational handouts regarding pertinent
rules at rallies that will draw large crowds. We suggest, as well, that
consideration should be given to including relevant portions of these
rules„such as those dealing with application of the rules to faculty,
staff, and students and rules regarding amplified sound--in the Handbook
of Operating Procedures or among our Policy Memoranda. We have not proposed
rules for the new Speedway Mall pending advice on plans for that area
from the Campus Master Planning Committee.
| I. |
Questions posed by President Faulkner:
1. Does the University have the right to restrict displays on the
basis of content when it is deemed offensive in particular ways by
members of our community? If so, what would be the basis for decision?
Committee response:
We do not recommend that the University restrict displays on the
basis of content. While we may vehemently disagree with the position
taken by a given group, we don't know of anyone who would want to
or who should make a content-based decision regarding which exhibits
can or cannot be displayed on campus. It is almost inevitable that
a content-based decision would result in legal action. We think a
better approach would be not to issue a permit if we have a reasonable
belief that an exhibit will result in significant disruption of campus
activities and we are advised that the law will support us in exercising
that judgment when it is necessary to do so.
2. Does the university have the right to limit displays in scale?
If so, what would be allowed, and how would the limitations be communicated?
Committee response:
The University has the right to limit displays in scale. This
issue is addressed in our recommendation for changes in our rules,
which state that exhibits must be appropriate for the space in which
they will be displayed, as determined by the dean. An arbitrary definition
of display size(s) would be problematic. For example, the display
of the state flag at the entrance to the Main Building might be prohibited
by fixed limitations for exhibits on campus.
3. Is it appropriate to continue to use the Gregory Gym Plaza as
a site by displays sponsored by student organizations?
Committee response:
We believe it is appropriate to use Gregory Gym Plaza as a site
for displays. We do not consider that space a "rally area" at
this time and recommend that it continue to be used primarily for
exhibits.
4: What attributes constitute co-sponsorship of an outside organization,
which is not permitted under the Regents' Rules?
Committee response:
We believe we should follow existing rules. No changes are needed.
It is routine practice of the Office of the Dean of Students to ask
groups to remove information about external organizations when it
appears on exhibits. If a group fails to comply with this request,
the permit is revoked and the exhibit must be removed.
5. Is our policy on amplified sound well enough understood? Should
we consider changing it?
Committee response:
The purpose of restricting amplified sound is to avoid interference
with classroom instruction. Our policy on amplified sound is not well
publicized nor well understood by members of the university community.
In our recommendations, we have clearly spelled out the areas and
times when amplified sound is allowed.
6. Are policies on enforcement of campus rules that are applicable
to students also applicable to faculty and staff?
Committee response:
We believe the enforcement of the rules for use of campus facilities
must be applicable to faculty and staff. We have included this suggestion
in our recommendations.
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| II. |
Proposed changes to Chapter 10 — Use of University
Facilities, Appendix C, General Information
Catalog:
Our review of rules for use of campus facilities suggests language
changes should be made to clarify the rules regarding definitions,
booths, public demonstrations, use of designated areas, amplified
sound, and appeals. The existing text of the sections of the rules
we propose to modify is set out below, with recommended changes
indicated in underlined italics.
A. We recommend additions to the definitions in Section 10-102
of Chapter 10 to provide uniformity in the description of "malls" as
that term is used in our rules. It is our belief that many members
of the campus community are confused by or use inapposite terms
to refer to these spaces.
Sec. 10-102. Definitions
Existing text:
In this chapter, unless the context requires a different meaning,
| 1. |
"authorized representative" means a person
designated to represent an organization as required in subsection
6-304(a); |
| 2. |
"dean" means the dean of students or the
dean's delegate or representative; |
| 3. |
"organization" means a faculty, staff, or
student group holding a valid registration; |
| 4. |
"president" means the president of the University
of Texas at Austin; |
| 5. |
"student" means a person currently enrolled
in residence at the university, or who is accepted for admission
or readmission to the university, or who has been enrolled
at the university in a prior semester or summer session and
is eligible to continue enrollment in the semester or summer
session that immediately follows, or who is attending an
educational
program sponsored by the university while that person is
on campus; |
| 6. |
"university" means the University of Texas
at Austin; |
|
| |
| 7. |
"university facility" means a classroom,
auditorium, residence hall, other building, property, or
outdoor area owned or controlled by the university; |
| 8. |
"vice president" means the vice president
for student affairs; and |
| 9. |
"weekday" means Monday through Friday except
for official university holidays; "day" means calendar day.
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|
| |
Committee's proposed additions:
| 10. |
"South Mall" is the grassy area south
of Inner Campus drive and north of Littlefield Fountain; |
| 11. |
"Main Mall" is the concrete plaza
and grassy flag pole area just immediately south of the Main
Building, extending to the north side of Inner Campus
drive; |
| 12. |
"Speedway Mall" is the area bordered
on the south by Inner Campus Drive and on the north by the
service entrance to Chilling Station #2; |
| 13. |
"East Mall" begins at the Speedway
Mall and extends east to the west side of the East Mall Fountain; |
| 14. |
"Booths" are defined in section 10-305
(a); and |
| 15. |
"Rally Areas" are defined as
areas The University has designated for assembly without
prior approval and where permission may be granted for
use of amplified
sound at specified times. Rally areas are identified in Section
10-307(a).
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B. We recommend modifications to Section 10-305
of Chapter 10 — Booths, to clarify methods of communication
with applicants and to implement changes in the periods of time
for which booth permits may be granted. The latter changes are
based
on the types of booths involved (tables, temporary structures,
or special exhibits) and to indicate that the dean has full discretion
to determine whether a proposed booth is appropriate for the space
requested.
Sec. 10-305. Booths[22]
Existing text:
| a. |
In this chapter, unless the context requires
a different meaning, "booth" means a table furnished by the
university or an approved table furnished by the student
or
organization or a temporary structure installed for distributing
petitions, handbills, or literature, or for displaying signs,
or for other forms of expression, or for raising funds or
soliciting tangible items.
|
| b. |
A student or organization may install a booth
after meeting the requirements of subsections (c), (d), and
(e).
|
| c. |
Before installing a booth, a student or organization
must apply to the dean for permission on a form prescribed
by the dean. An application under this section shall contain:
| 1. |
the applicant's name; |
| 2. |
the proposed use of the booth; |
| 3. |
the proposed location of the booth; |
| 4. |
the length of time that the booth will
be installed; and |
| 5. |
the signature of the applicant or its
authorized representative.
|
|
Committee's proposed modifications:
Modify subsection c. to read:
| c. |
Before installing a booth, a student or organization
must apply to the dean for permission to install a booth on
a form prescribed by the dean. The dean will communicate
only with the applicant or, if the applicant is an organization,
with the organization's authorized representative(s).
An application under this section shall contain:
| 1. |
the applicant's name; |
| 2. |
the proposed use of the booth;
|
| 3. |
the proposed location of the booth; |
| 4. |
the length of time that the booth will
be installed; and |
| 5. |
the signature of the applicant or its
authorized representative.
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|
|
Existing text of section 10-305 (continued)
| |
| d. |
The dean shall approve an application properly
made under subsection (c) unless there are reasonable grounds
to believe that:
| 1. |
the applicant is under a disciplinary
penalty prohibiting installing a booth; |
| 2. |
the proposed location
| A. |
is unavailable; |
| B. |
is an area designated by the
dean as inappropriate for a booth; or |
| C. |
unreasonably obstructs pedestrian
or vehicular traffic; |
|
| 3. |
the booth does not meet fire, health,
or safety standards; |
| 4. |
the booth will be used for nonpermissible
fund-raising or other solicitation;[23] |
| 5. |
the booth will be used for purposes
that would involve a nonregistered group or individual
or group of individuals; |
| 6. |
the booth will be used for the distribution
of material that is obscene, vulgar, or libelous; |
| 7. |
the booth will be staffed by a person
who is not a University of Texas at Austin student,
faculty member, or staff member; or |
| 8. |
the booth would disrupt or disturb
the regular academic and institutional program, or other
approved activities, or would result in damage to or
defacement of property. |
|
| e. |
The booth shall identify the student or organizational
sponsor.
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|
| |
Committee's proposed change:
f. |
The booth permit shall be valid for not
more than one long semester or whole summer session, after
which a new application shall be required. The area around
the booth shall be cleaned on a daily basis. With prior approval,
booths will be permitted overnight in specified locations.
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| f. |
The booth permit shall be valid for
different periods of times depending upon the type of booth:
| 1. |
A table permit shall be valid
for not more than one long semester or whole summer
session, after which a new application will be required; |
| 2. |
A temporary structure permit
shall be valid for not more than 14 calendar days, after
which a new application will be required; |
| 3. |
Special exhibits must be removed
by the expiration date shown on the approved application; |
| 4. |
The size of the exhibit must
be appropriate to the space requested, at the discretion
of the Dean.
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|
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Existing text (continued)
| |
| g. |
No student or organization may operate a
booth for the purpose of distributing, soliciting, or selling
by accosting individuals or by hawking or shouting. |
| h. |
Organizations assume full responsibility
for their booths or temporary structures, including all injuries
or hazards that may arise from their presence on the campus.
The university is not liable for damage that may occur to
booths or temporary structures. |
| i. |
If the dean refuses an application under
subsection (d), upon request the applicant shall be given
a written statement of the grounds for refusal within one
weekday.
|
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C. We recommend changes to Section
10-306 — Public Demonstrations, to give additional time for consideration
of an application for use of campus facilities (the time under current
rules is only one weekday, which has proven unrealistic) and to indicate
that rules for use of campus facilities
apply equally to faculty, staff, and students. Further, we spell out
the processes to be used when violations occur, depending upon the
constituency
involved.
Sec. 10-306. Public Demonstrations
Existing text:
| |
| a. |
A student or organization may publicly assemble
or demonstrate in a peaceful manner after obtaining the dean's
permission. |
| b. |
An application to assemble publicly or demonstrate
shall be made on a form prescribed by the dean and shall contain
| 1. |
the applicant's name; |
| 2. |
the proposed location, date, and time
for the assembly or demonstration; |
| 3. |
the anticipated number of participants; |
| 4. |
the purpose of the assembly or demonstration;
and |
| 5. |
the signature of the applicant or,
if an organization, its authorized representative. |
|
| c. |
The dean shall approve an application properly
made under subsection (b) unless there are reasonable grounds
to believe that:
| 1. |
the applicant is under a disciplinary
penalty prohibiting publicly assembling or demonstrating; |
| 2. |
the proposed location is unavailable
or inappropriate at the time requested; |
| 3. |
the proposed date and time are unreasonable; |
| 4. |
the assembly or demonstration would
unreasonably obstruct pedestrian or vehicular traffic; |
| 5. |
the assembly or demonstration would
prevent, obstruct, or unreasonably interfere with the
regular academic and institutional activities, or other
approved activities, of the university; |
| 6. |
the assembly or demonstration would
constitute an immediate and actual danger to university
students, faculty, or staff, or to the peace or security
of the university that available law enforcement officials
could not control with reasonable effort; or |
| 7. |
the assembly or demonstration would
constitute an unauthorized joint sponsorship. |
|
|
Committee's proposed changes:
| |
d. |
If an application under the section is
refused, upon request the dean shall give the applicant a
written statement of the grounds for refusal within one weekday.
|
| d. |
If an application is refused, upon
request the dean shall give the applicant a written statement
of the grounds for refusal within five weekdays.
|
| e. |
Students, faculty and staff may be
disciplined by the university for violating University policies,
rules and regulations set out in this Chapter:
| 1. |
student violations will be referred
to the Office of The Dean of Students; |
| 2. |
staff violations will be referred
to Human Resource Services; |
| 3. |
faculty violations will be referred
to the Office of the Executive Vice President and Provost.
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|
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D. We recommend changes to Section 10-307 — Use
of Designated Areas, to emphasize the fact that freedom of speech
is a campus-wide right, but that there are areas of the campus
that are designated as rally areas. We define rally areas, which have
additional rules and may be reserved for use at specified times on
weekdays.
We suggest language that will clarify the rules regarding amplified
sound.
Sec. 10-307. Use of Designated Areas
Existing text:
| |
| a. |
The freedoms of speech and assembly are basic
and essential to intellectual development. However, these
activities are subject to the well-established right of colleges
and universities to regulate time, place, and manner so that
the activities do not intrude upon or interfere with the academic
programs and administrative processes of the university. The
university may designate one or more appropriate areas on
the campus where students may assemble and engage in speech
activities without prior administrative approval. In other
areas on the campus, all speech and assembly activities must
be conducted in accordance with institutional rules.[24]
|
|
| |
Committee's proposed changes:
Modify subsection a. to read:
| a. |
The freedoms of speech and assembly
are basic and essential to intellectual development. However,
these activities are subject to the well-established right
of colleges and universities to regulate time, place, and
manner so that the activities do not intrude upon or interfere
with the academic programs and administrative processes of
the university. The university may designate one or more appropriate
areas on the campus where students may assemble and engage
in speech activities without prior administrative approval.
If one of these areas, designated as "rally areas,î is
reserved for use at a specific time, that use takes priority
until the reservation period has expired. In other
areas on the campus, all speech and assembly activities must
be conducted in accordance with institutional rules.[24]
The designated rally areas are:
| 1. |
The West Mall rally area: the
west steps of the Main Building; |
| 2. |
The Texas Union East patio flagstone
portion East of the Texas Union; |
| 3. |
The East Mall rally area: the
grassy area adjacent to the Shuttle Bus circle south
of the East Mall Fountain.
|
|
Existing text (continued):
| b. |
A student or organization may
use an area designated under subsection (a)
| 1. |
for public discussion without prior permission under
section 10-201; and |
| 2. |
for peaceful public assembly or demonstration without
prior permission under section 10-306. |
|
| c. |
Public assembly, discussion,
or demonstration exercised in accordance with subsection (b)(1)
or (b)(2) shall not disturb or interfere with a program, event,
or activity approved by the dean prior to the public assembly,
discussion, or demonstration, and shall not unreasonably disturb
or interfere with normal operations and activities of the
university. Use of the designated area shall not include activities
which would constitute impermissible solicitation or involve
a non-registered group or individual or group of individuals.
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Committee's proposed changes:
Add a new subsection d.:
| d. |
Amplified sound is defined
as any electronic device using an input of power so as to
obtain a sound output of greater magnitude. Amplified sound
may be used at the following times and locations:
| 1. |
at the West Mall rally area and
the Texas Union East patio rally area from Monday through
Friday between 11:30-1:30 p.m. with prior approval of
the dean; |
| 2. |
at the East Mall rally at any
time with prior approval of the dean; |
| 3. |
Amplified sound may be used at
all campus locations after 5:00 p.m. on weeknights and
all day on weekends with prior approval of the dean.
|
|
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E. We propose a change to Section 10-601 — Procedures
for Appeal, to extend the time available to the vice president in
reviewing and responding to an appeal of the denial of
use of campus facilities by the dean.
Sec. 10-601. Procedures for Appeal
Existing text (with proposed modification in italics):
| |
| a. |
A student or organization aggrieved by a
decision under this chapter is entitled to appeal to the vice
president by giving written notice to the dean on or before
the fifth weekday after the day the decision is announced.
The notice is informal, but shall contain the student's or
organization's name and mailing address, a concise description
of the decision complained of, the student's or organization's
reasons for disagreeing with the decision, and the date the
decision was announced. |
| b. |
When timely notice of appeal is received,
the dean shall prepare and send to the vice president a copy
of the written statement of the reason given for the dean's
decision. The vice president shall provide the student or
organization with an opportunity for a hearing and the person
or the organization shall be notified at least one weekday
three weekdays before the date of the hearing.
|
|
F. We propose that the vice president
shall be the final level of appeal for the denial of use of campus facilities
by a registered student organization. We believe the recommended change
provides for adequate review and consideration of these appeals.
Sec. 10-602. Further Review by Petition
Existing text:
| |
The dean, a student, or an organization may petition
in writing through the vice president to the president to review
the decision being appealed. The president may establish an ad hoc
committee to review the appeal and make recommendations regarding
it. The president reviews appeals solely at his or her discretion.
Committee's proposed change:
Strike Section 10-602 and modify Section10-601(b) above to read:
| b. |
When timely notice of appeal is received,
the dean shall prepare and send to the vice president a copy
of the written statement of the reason given for the dean's
decision. The vice president shall provide the student or
organization with an opportunity for a hearing and the person
or the organization shall be notified at least one weekday
three weekdays before the date of the hearing. The
decision of the vice president shall be final. |
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The committee stands ready to discuss this
report and any of our recommendations upon request. We look forward
to hearing from you.
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