Preface to Policy on Assemblies, Rallies, Parades and Demonstrations

The Chancellorís Staff approved the Policy on Assemblies, Rallies, Parades and Demonstrations on July 1, 2002. This policy replaces the policy referred to as the "free speech policy". It is the result of the efforts of the Policy Revision Committee consisting of the following members:

Barbara Jones, Assistant Chancellor for Student Affairs

Lori Varlotta, Dean of Student Life

Mary Beth Mackin, Assistant Dean of Student Life

Dave Ostrowski, University Police Services

Sumaiyah Clark, student at large appointed by Student Government

Eugene Fujimoto, Assistant to the Chancellor for Affirmative Action and Equal Opportunity

Tim Lagerman, student at large, appointed by Student Government

Narciso Aleman, Faculty Senate

Crista Lebens, Faculty Senate

James Molloy, Faculty Senate

Dan Weiss, Whitewater Student Government

Clint Dederich, Whitewater Student Government

Shelly Gorecki, Residence Hall Association

The Committee met throughout the spring semester beginning in February and concluding during finals week in May to create the new policy. The activities of the Committee included reviews of Chapters 18 and 21 of the UW System Code, reviewing policies from other institutions, and discussions about issues of time, place and manner. The Committee also sponsored an open forum on April 10th for discussion of the issues to be considered in the policy and to receive input from the campus community. An e-mail account was established to receive feedback from the campus as well. Finally, a draft of the document was shared with all recognized student organizations, Whitewater Student Government, Academic Staff Assembly, and Faculty Senate. Feedback was provided by each of the governance groups as well as the Chancellorís Staff. This feedback was reviewed and, where applicable, included in the final policy that was approved by the committee and forwarded to the Chancellor.

The revised policy follows:
 
 

Assemblies, Rallies, Parades, Pickets and Demonstrations Policy

Source: Assistant Chancellor for Student Affairs

Revised: July 1, 2002

The intention of this policy is to support and encourage the free expression of ideas by students, faculty, staff and others. It is designed to protect the rights of those who wish to exercise the free expression of ideas while at the same time balancing the rights of those who do not wish to participate in such activities. This policy insures that the University has the ability to carry out its mission of instruction, public service, research, and the ability of the institution to function administratively.

Declaration of policy. It is the policy of the Board of Regents of the University of Wisconsin System that the facilities of the university are to be used primarily for purposes of fulfilling the universityís missions of teaching, research and public service. University facilities are not available for unrestricted use for other purposes. In order to preserve and enhance the primary functions of university facilities, the Board of Regents has established Chapter UWS 21 Use of University Facilities.

Definitions. In this chapter:

(1) "Board of regents" or "board" has the meaning given under s. UWS 1.02.

(2) "Chancellor" means the chief executive officer of a university, the university of Wisconsin centers, or the university extension. At UWW, the Chancellor has determined that the Vice Chancellor for Administrative Affairs will act as designee.

(3) "Facilities" or "university facilities" means the publicly owned or leased buildings and grounds which are subject to the custody and control of the board.

(4) "Institution" has the meaning given under s. UWS 1.06.

(5) "Organization associated with an institution" means that an organization is an officially recognized staff or student group, or an administrative or academic unit, or a state agency.

(6) "Staff" means all employes of the University of Wisconsin System.

(7) "Student" means any person who is registered for study in an institution of the University of Wisconsin System for the current academic period.

(8) "University" has the meaning given under s. UWS 1.07.

The next three sections reflect parts of Chapter UWS 18 Conduct on University Lands.

PICKETING, RALLIES, PARADES, DEMONSTRATIONS AND OTHER ASSEMBLIES. (A) In order to preserve the order which is necessary for the enjoyment of freedom by members of the university community, and in order to prevent activities which physically obstruct access to university lands or buildings and prevent the university from carrying on its instructional, research, public service, or administrative functions, any picketing, rally, parade, demonstration, other assembly, or congregation of spectators to such activity may be declared unlawful if its participants:

1. Intentionally gather or intentionally remain assembled outside any university building in such numbers, in such proximity to each other or in such fashion as to physically hinder entrance to, exit from, or normal use of the building.

2. Intentionally congregate or assemble within any university building in such fashion as to obstruct or seriously impair university-sponsored or university-authorized activities, or in such fashion as to violate any of the following conditions:

a. No group may be admitted into the private office of any faculty member or other university employee unless invited by the authorized occupant of that office, and, then not in excess of the number designated or invited by that person.

b. No group may obstruct or seriously impair passage through corridors, stairways, doorways, building entrances, fire exits, playgrounds, and reception areas leading to offices.

c. No group, not authorized to do so by the person in immediate charge of the room, or by a person designated by the chief administrative officer to approve requests for the use of rooms for meetings, may enter or occupy any university building or part thereof.

d. No group may assemble immediately outside rooms or playgrounds at times when they are normally in use for classes, study, or research.

e. No signs supported by standards or sticks shall be permitted in any assembly in a university building.

3. Intentionally create a volume of noise that unreasonably interferes with university-sponsored or university-authorized activities.

4. Intentionally employ force or violence, or intentionally constitute an immediate threat of force or violence, against members of the university community, university property or others.

a. For the purpose of par. (A), "intentionally" means that the participant or spectator knew or reasonably should have known orwas informed by authorized official that his/her conduct by itself or in conjunction with the conduct of others would have the prohibited effect.

b. The chief administrative officer or designee will have primary authority to implement par (A). He/she may prescribe limitations for any picketing, rally, parade, demonstration or other assembly in order that it will meet the requirements of par. (A). When informed of any picketing, rally, parade, demonstration, or other assembly which may not comply with par. (A), the chief administrative officer or the designee may proceed immediately to the site and determine if there is compliance with par. (A). If he/she finds a violation of par. (A), he/she may declare the assembly unlawful or he/she may prescribe those limitations on numbers, location or spacing of participants in the demonstration which are reasonably necessary to ensure compliance with par. (A). If he/she prescribes limitations, and if his/her limitations are not observed by the assembly, he/she may then declare the assembly unlawful. Any declaration of illegality or prescription of limitations shall be effective and binding upon the participants in the assembly unless and until modified or reversed.

c. Any participant or spectator within the group constituting an unlawful assembly who intentionally fails or refuses to withdraw from the assembly after it has been declared unlawful under this section shall be subject to immediate arrest and liable to the penalties of s. UWS 18.07.

d. To facilitate the expression of ideas, the university strongly recommends that the leaders of any assembly attend an "assembly orientation" provided by the Office of Leadership Development.

e. The university recommends that on-campus groups register with the campus reservation office to reserve access to a general vicinity during specific periods.
 
 

PROHIBITIONS ON BLOCKING ENTRANCES. No person may intentionally physically block or restrict entrance to or exit from any university building or portion thereof with intent to deny to others their right of ingress to, egress from, or use of the building.

SOUND-AMPLIFICATION EQUIPMENT. (A) In order to permit the use of sound-amplifying equipment on university lands, if needed for the dissemination of ideas to large audiences, but to prevent its use from interfering with university functions which inherently require quiet, the following provisions shall apply:

1. No person may use sound-amplifying equipment on any lands without the permission of the chief administrative officer or designee, except as provided in par. (c).

2. In granting or denying permission, the following principles shall govern:

a. Except in extraordinary circumstances, permission may be granted to use the equipment only during the following hours, 12 noon to 1:30 p.m. and 5:00 p.m. to 7:00 p.m. every day, and only when the equipment is more than 50 feet from and directed away from any university run or authorized activity, playground, classroom building, residence hall, library or building being used as a study hall.

b. An applicant for permission shall have the burden of establishing the need for amplification to communicate with the anticipated audience. In particular, the applicant must show that the audience can reasonably be anticipated to include at least 250 people.

c. An applicant for permission shall have the burden of establishing that the volume and direction of the sound from the equipment will minimize interference with other activities.

3. Any request for the permission required by this section must be submitted in writing to the chief administrative officer or designee at least 24 hours prior to the intended use of the sound-amplifying equipment and must be signed by a student or employee of the institution where the equipment is to be used. The request shall contain:
a. The proposed hours, date and location where the equipment is to be used.

b. The size of the anticipated audience and the reasons why the equipment is needed.

c. A description of the proposed equipment which includes the manufacturer, model number, and wattage.

d. The names of the owner of the equipment and of any person or persons, in addition to the person signing the application, who will be responsible for seeing that the equipment is operated in compliance with the terms of the permit and the provisions of this rule. The chief administrative officer or designee may require the presence of additional persons if said officer believes this is necessary to ensure compliance.

(B) Permits issued by the chief administrative officer or designee shall not be required for the use of university sound amplifying equipment used with the permission of the university employee having control of the equipment for authorized university classes, research, or meetings in university buildings, or for university sponsored academic, recreational or athletic activities, or for crowd control by authorized university officials.

(C) For the purpose of this section, "sound amplifying equipment" means any device or machine which is capable of amplifying sound and capable of delivering an electrical input of one or more watts to the loudspeaker.

USE OF FACILITIES BY ORGANIZATIONS ASSOCIATED WITH THE UNIVERSITY. (1) The chancellor, or his or her designee, shall permit organizations associated with that institution to use university facilities for events for staff and students, if he or she determines that:
(a) The proposed use will not interfere with or detract from the teaching, research and public service missions of the institution;

(b) The institution has appropriate facilities available for the proposed use; and

(c) The organization has complied with institution procedures adopted under s. UWS 21.06.

(2) The chancellor, or his or her designee, may permit organizations associated with that institution to use university facilities for public events if he or she determines that:

(a) The proposed use will not interfere with or detract from the teaching research and public service missions of the institution;

(b) The institution has appropriate facilities available for the proposed use; and

(c) The organization has complied with institutional procedures adopted under s. UWS 21.06.

(3) The organizations using university facilities under this section may be required to reimburse the institution for the costs, if any, incident to the use of the facilities.

(4) Organizations using university facilities under this section may be required to pay rental charges for use of the facilities if the use is revenue producing.

USE OF FACILITIES BY PERSONS OR ORGANIZATIONS NOT ASSOCIATED WITH THE UNIVERSITY. (1) The chancellor, or his or her designee, may permit persons, or organizations not associated with that institution, to use university facilities at his or her institution if he or she determines that:
(a) The proposed use is under the sponsorship or at the invitation of an organization associated with the institution;

1. UW-Whitewater requires all off-campus groups to demonstrate in writing their compliance with par. (a). To demonstrate such compliance, off-campus groups must first obtain a UW-W sponsorship form: http://www.uww.edu/adminforms/handbook/Demonstration.doc

The form must be completed and returned to Administrative Affairs or designee for verification prior to the assembly. Verification will be completed within two work days. The approved sponsorship form must be in possession and produced upon the request of any university official.

(b) The proposed use will not interfere with or detract from the teaching, research and public service missions of the institution, or the use of the facilities by organizations associated with the institution;

(c) The institution has appropriate facilities available for the proposed use;

(d) The person or organization has complied with institutional procedures adopted under s. UWS 21.06; and

(2) Persons or organizations using university facilities under this section must reimburse the institutions for the costs, if any, incident to the use of the facilities.

(3) Persons or organizations using university facilities under this section may be required to pay rental charges for use of facilities if the use is revenue producing.

(4) Persons or organizations using university facilities may be required to show proof of insurance as determined by the Risk Management Officer.