D10: Free Speech and Public Assembly

Responsibility for Maintenance: Campus Safety and Security

Date of most recent changes: September 24, 2024

I. Reason for Policy  

The College will protect the rights of freedom of speech, petition, and peaceful assembly as set forth in the U.S. Constitution. Onondaga Community College maintains the right to regulate reasonable time, place and manner restrictions concerning acts of expression and dissent. Any acts that are disruptive to the normal operations of the College, including but not limited to classes and College business, or invades the rights of others, will not be tolerated, and may result in termination of the assembly. Faculty, staff, and students engaging in disruptive activity may be subject to disciplinary actions. Furthermore, any participant in a disruptive activity may face criminal charges.

II. Applicability of the Policy  

This content-neutral policy is applicable to all members of the College community.

III. Related Documents  

• Noise Ordinance, Town of Onondaga

IV. Contacts  

V. Policy Statement  

Onondaga Community College recognizes and supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. This policy informs members of the College community and the public of the time, place, and manner in which they may engage in constitutionally protected speech and expression at Onondaga Community College. It is intended to ensure that the expressive activity does not interfere with the safety and security of our campus or disrupt the primary educational purpose of the College, which includes promoting debate and the sharing of information.

Onondaga Community College students are guaranteed the rights of free inquiry and expression. Subject to applicable content-neutral policy, students are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies—including, but not limited to, protests, demonstrations, rallies, vigils, marches, and picketing—in and upon designated public areas of campus grounds and buildings.

Onondaga Community College designates the following as public areas for the purpose of peaceful and orderly assemblies: 

• The area located between the Coulter Library and the Ferrante Building, also known as the “Quad”. 

• Other areas of the campus may be designated by the Director of Campus Safety and Security as public forums to accommodate free speech in special circumstances.

Onondaga Community College will not interfere with orderly assemblies in designated public areas of grounds and buildings unless participants engage in any of the following:

1. Conduct that prevents the orderly administration of college classes, lectures, meetings, interviews, ceremonies, and other campus events or College operations;

2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;

3. Engage in conduct that could foreseeably cause injury or damage to persons or property;

4. Sound amplification is not allowed. In addition, the volume of non-amplified sound may not disrupt classroom activity. The noise Ordinance of the Town of Onondaga limits noise to under 70 decibels;

5. Constructing or erecting structures, whether or not they are anchored, inclusive of screens and/or objects requiring penetration in concrete or grass, camping on College grounds, and indoor and outdoor encampment is generally prohibited. See College policy D25 Camping on Campus;

6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches;

7. Assemblies lasting more than one day, duration not to exceed 12 hours in a one-day period, and assemblies between the hours of 10:00PM and 8:00AM are prohibited; 

8. Activities that violate the provisions of D11: Rules for the Maintenance of Public Order; and

9. Activities that violate the provisions of any other applicable campus policy, including but not limited to: D5: Violence Prevention, D8: Bias Related Crime Prevention, D9: Possession, Storage and Use of Weapons on Campus, D12: Access to Campus Facilities, F7: Proper Placement of Postings.

In addition, the following activities are strictly prohibited:

1. Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other college area that is not authorized, without permission; 

2. Occupation of a building after it is normally closed;

3. Obstruction of any roadways running through or adjoining the College’s campus grounds; 

4. Threaten passers-by;

5. Commit any act likely to create imminent safety or health hazards;

6. Interfere with or disrupt any other lawful or permitted activity by anyone in the same general location at the same time; 

7. Post any materials on any buildings, walls, windows, doors, sidewalks, trees, light poles, or any other College owned equipment except in designated areas;

8. Conduct speech that includes words that by their very nature tend to incite an immediate breach of the peace;

9. Engage in any speech or action that is not allowed by law;

10. Engage in any speech that is likely to incite or produce immediate lawless action or that is, under current legal standards, either defamatory or indecent; and

11. Incite others to commit any of the acts prohibited.

All individuals participating in protests and demonstrations are required to provide a form of College issued or government issued identification upon request from a College official.

Onondaga Community College Campus takes compliance with this policy very seriously. Students should expect that violations of this policy will result in disciplinary action under the College’s Student Code of Conduct, up to and including interim suspension, suspension, and expulsion.

Guidelines for Speech and Public Assembly  

Speakers: In view of the desire of the College to promote free speech, the Designated Public Forum area is open to everyone who follows the provisions of this policy.

The right to dissent:  The right to dissent is a fundamental aspect of free speech, but it should not disrupt the speaker's ability to communicate or the audience's right to hear and see the speaker. Similarly, the audience should respect the right to dissent. This mutual respect is crucial in promoting a culture of free speech and dissent on our campus.

Symbolic Protest: During a presentation, you are free to display a sign, gesture, wear symbolic clothing, or engage in other forms of protest, as long as it does not disrupt the event or impede the audience's ability to pay attention. This includes not blocking the audience's view or preventing them from focusing on the speaker. 

Marches: Marches are acceptable on campus with the appropriate notification to Campus Safety and Security to allow the College to prepare for the march and provide for the necessary safety of the participants and bystanders and ensure adequate parking and maintain the flow of vehicle and pedestrian traffic. The notification should outline expected attendance, and the anticipated parade/march route.

VI. Procedures 

Onondaga Community College respects and supports students’ efforts to exercise their rights to free speech and assembly. Following College procedure will ensure a safe and effective assembly activity. The College will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized College business, activities, or events.

Services: To help ensure the safety of participants and the protection of the rights of all members of the campus community, the College can provide services to registered organizations such as location, safety, crowd control, site preparation/cleanup, and/or other such facilities or services it deems necessary (“Services”).

Request for Services

For assemblies where the need for Services is reasonably foreseeable, event organizers shall, within 5 business days prior to the planned event, submit a written Request for Services, as follows:

1. The written request should contain the name of the sponsor/organizer, the proposed location and any other Services sought, the date and time of the planned assembly, and the number of persons expected to participate.

2. The request should be submitted to:

   a. Students should contact the Office of Student Orientation, Leadership, and Engagement (SOLE) for appropriate support for the successful implementation of these events. 

   b. Non-students should contact the Event’s Office for the appropriate support for the successful implementation of these events.

   3. A professional staff member will promptly respond to the request for Services after receipt of the written request but no later than three (3) business days prior to the proposed date of the planned event.

   4. A professional staff member will review the request and work with the sponsor/organizer to accommodate requests and determine a reasonable time, place, and manner for the assembly activity.

   5. While every attempt will be made to accommodate all requests, some modifications to the assembly activity request may be required due to the availability of the proposed time and place of the activity. College sponsored events have first priority on the use of campus grounds. A professional staff member will inform the sponsor/organizer of these modifications and provide guidance as the assembly activity is planned.

   6. In the event that the proposed assembly activity is planned in direct response to a current event, Onondaga Community College realizes that it may not be possible to submit a request in advance. In such cases, the event organizer should contact the College as soon as possible in order to promptly coordinate the assembly activity, were reasonably possible.

No Services Required: Assemblies requiring no Services, or for which the need for Services is not reasonably foreseeable or necessary as described above, may take place without any prior notification by the sponsors and/or organizers. However, conformity with the specific campus rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact the appropriate office designated in sub-paragraph (1)(c) above for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to discipline.

Assembly Security 
Onondaga Community College reserves the right to charge individuals wishing to use the Designated Public Forum for additional security at a rate determined by the Director of Campus Safety and Security. The Director of Campus Safety and Security will determine the need for and the number of additional Campus Peace Officers to perform security functions during any public assembly event.

Approved by the OCC Board of Trustees August 15, 2011

Updated and approved by the OCC Board of Trustees September 27, 2016

Updated and approved by the OCC Board of Trustees September 24, 2024