2019-2020 Policy Library 
    
    Mar 01, 2021  
2019-2020 Policy Library [ARCHIVED CATALOG]

Freedom of Expression/Assembly and Demonstrations on Campus Grounds


Policy on Freedom of Expression/Assembly and Demonstrations on Campus Grounds


Category: Governance/Legal, Safety and Emergency Management
Approved by: President’s Executive Cabinet
Date Approved: March 19, 2018
History: Effective Date:  March 19, 2018
Related:  Civil Rights Policy
              Safe Campus Policy
                                                       Claremont Colleges Policy on Demonstrations
                            Staff and Faculty Handbooks
Responsible Official:  Chief Civil Rights Officer


Policy Statement
Entities Covered
Contacts
Definitions
Scope of Protection
Requests for Identification
Time, Place, and Manner Rules
Reservation of Rights
College’s Response to Policy Violations


Policy Statement

Claremont McKenna College is committed to protecting the freedom of expression, including peaceful assembly. Understanding current policies and their application to expressive activities on our campus is essential for members of our community, The Claremont Colleges, and the general public.

A number of College policies and The Claremont Colleges Policy on Demonstrations   both protect peaceful assembly and expression and prohibit interference with the exercise of such freedoms by others on our campus.  This specific Policy:

  1. Outlines the respective rights and limitations associated with expressive activities and assembly on the College’s campus, including demonstrations
  2. Supplements and aligns with other College policies, including the Claremont Colleges Policy on Demonstrations. 

No set of policies or clarifications can address every scenario.  The College urges anyone who plans on participating in a demonstration, protest, or assembly of any kind both to contact College administrators in advance to resolve any policy questions and to discuss safety or security concerns.  Students, faculty, and staff are encouraged to reach out to the offices of the CMC Dean of Students, CMC Dean of the Faculty, or CMC Human Resources, as appropriate. Members of the public are encouraged to reach out to CMC’s General Counsel’s Office.   

 

Entities Covered

All units of the College.

 

Contacts

Questions about this policy may be addressed to:

Issue: Policy Interpretation
Contact: Chief Civil Rights Officer
Telephone: 909-607-0347

 

Definitions

CMC Campus Grounds means outdoor areas of the campus (e.g., the North Mall, plazas, courtyards, etc.) that are generally accessible to members of the Claremont Colleges Community.

CMC Community means currently enrolled or employed students, faculty, or staff at Claremont McKenna College.

Claremont Colleges Community means currently enrolled or employed students, faculty, or staff at: the Claremont Graduate University, Harvey Mudd College, the Keck Graduate Institute, Pitzer College, Pomona College, Scripps College, and The Claremont Colleges Services.

Member of the Public means any individual who is not a current member of the Claremont McKenna or Claremont Colleges communities.

“Demonstration” means activities such as rallies, assemblies, protests, and other gatherings of people joined together to express views on a particular issue.  It is not necessary for every individual participating to hold the same beliefs as those the group may be expressing.  Participating with the group’s activities is sufficient to qualify as participation in a demonstration. 

 

Scope of Protection

Members of the Claremont McKenna and the Claremont Colleges Communities

The rights and privileges related to the freedoms of expression and assembly on CMC Campus Grounds are expressly provided for the benefit of current members of the Claremont McKenna and other Claremont Colleges Communities.  However, CMC reserves the right to request a non-CMC community member to leave the campus when an official from CMC or The Claremont Colleges Services has determined that the person is violating College policies.  If a person refuses to leave after being warned, that person is subject to a trespass citation, possible arrest, and a possible ban from CMC’s campus consistent with The Claremont Colleges Policy on Banning Disruptive Persons  

Members of the Public

Members of the public who wish to engage in any expressive activity on CMC Campus Grounds, including Demonstrations, must contact the Dean of Students Office at least one week prior for permission as well as to receive the conduct guidelines they must follow.  At any time the College needs to protect the freedoms and safety of its community, the College will limit access to the campus or portions of campus to CMC community members only (or 7C community members only).  The College may also request a member of the public to leave the campus at any time and for any reason.  If a person refuses to leave after being warned, that person is subject to a trespass citation and possible arrest.

 

Requests for Identification

Any person must identify themselves by photographic identification when asked to do so by a representative of the College or Campus Safety while on CMC’s campus or any other facility or property owned or controlled by the College.  Failure to do so can result in disciplinary action.

In addition to being required under this Policy, students are also obligated by the Student Code of Conduct   to identify themselves when asked to do so by an official from CMC or The Claremont Colleges Services. 

 

Time, Place, and Manner Rules

Generally, expressive activities, including Demonstrations, may occur anywhere on CMC’s Campus Grounds except for the Claremont-Mudd-Scripps Athletic fields/facilities, which are not available for these purposes.  These fields or facilities include Arce Baseball Field, Axelrood Aquatics Center, Biszantz Family Tennis Center, Burns Track Complex, Burns Stadium, Golf Facility/Pickleball Court, Hammer Throw, Parents Field, Pritzlaff Field, Softball Field, and Zinda Field. 

To protect the rights of all community members, as well as to preserve the integrity of the College’s property and activities, the below time, place and manner rules must be adhered to:

Material Disruption

To preserve the educational, work, and residential environments, a Demonstration may not be conducted in a way that prevents, forecloses, or interferes with teaching, research, administration, or other authorized activities on campus (including expressive activities or Demonstrations of others being conducted in accordance with this Policy).  This also means that no one may block the flow of pedestrian and vehicular traffic on the campus or access into or out of campus buildings or parking lots. 

Participants in Demonstrations must leave at least 20 feet of unimpeded access to the entrances and exits of buildings, facilities, and parking lots.  To provide for the safety of others, Campus Safety or College representatives may require those participating in a Demonstration to provide a larger area of unimpeded access.  Failure to do so upon request is a violation of this Policy.

Unreasonable Noise & Amplified Sound

To preserve the educational, work, and residential environments, all individuals on the College’s campus must maintain appropriate noise levels such that the noise does not materially interfere with the rights of others, including their own ability to exercise their rights of expression and participate in a Demonstration (including the right to listen to a Demonstration).

Additionally, as indicated in the CMC Guide to Student Life  , the College has established quiet hours in order to promote a peaceful environment for studying and living on campus.  Quiet hours are as follows:

Sunday - Thursday:  Midnight - 8:00 a.m.

Friday - Saturday: 1:00 a.m. - 10:00 a.m.

Beginning at 11:59 p.m. on the last day of classes of each semester: 24 hours a day until the conclusion of finals.

Coercing Attention

To respect the rights of others to avoid expressive activity or a Demonstration, no one may attempt to coerce or intimidate any other person into viewing, listening to or accepting a copy of any communication.  No person may persist in requesting or demanding the attention of any other person after that other person has attempted to move away or has clearly refused to engage with that person.

Breaching of Security or Crowd-Control Measures; Bypassing of College Representatives or Campus Safety Officers

To respect the College’s rights to establish safety mechanisms to protect its property and activities, no one may, without authorization, bypass fencing or cross other designated areas, lines, or barriers (or attempt to) that are physical or marked by the presence of College representatives or Campus Safety Officers to protect areas that have been designated as private or closed to the public.

Weapons and Replica Weapons

To ensure safety and avoid accidents, the College does not permit weapons or replica weapons on any part of the campus unless such items fall within the scope of limited exceptions set forth in the Safe Campus Policy .

Additionally, if a CMC or Campus Safety official determines that an object not otherwise prohibited on campus is being used in a way that violates College policy (e.g. by creating a hostile environment or used in a threatening manner), the person using the item will be required to comply with whatever orders are given for the disposition of the item.  Failure to dispose of the item in the manner requested is a violation of this Policy.

Damage to Property

To respect property rights, no expressive activities or Demonstrations may be conducted in a manner that damages, defaces, marks, discolors or alters in any way the College’s property or any person’s property, including any signs, tables, or exhibits. 

Camping, Structures, and Repelling

To maintain clean, aesthetically-pleasing, safe environments for education, work and residential living, no one may camp on the College’s campus or climb upon or repel down any College tree, building, or property.  Camping is not allowed on the College’s campus.

No Authorization to Use Force

To ensure everyone’s safety, an individual’s potential violation of one or more provisions of this Policy does not provide authority for another individual to use force to enforce their rights.

Individuals are instead encouraged to report potential Policy violations to the nearest College representative or Campus Safety Officer, or by contacting Campus Safety at:

By cell or off-campus phone: 909-607-2000 or 909-607-7233

By on-campus extension: 72000 or 72333

Individuals who use, or attempt to use, force against another person may be found in violation of conduct expectations set forth in this Policy or other College Policies.

No Unlawful Activity

The College’s campus shall be used only in accordance with federal, state, and local laws and shall not be used for the purpose of organizing or carrying out unlawful activity.

Other Applicable College Policies

In addition to the above, all individuals on the College’s campus are expected to be aware of and comply with all College policies, including, but not limited to the:

Reservation of Rights

As a private institution, and consistent with its duties under the law, the College reserves the right to:

  • Establish event-specific time, place and manner or other conduct expectations;
  • Establish security checkpoints, including the search of bags or personal belongings;
  • Photograph or videotape any individual participating in a Demonstration or other expressive activities on the College’s Campus Grounds;
  • Pursue civil or criminal remedies, as appropriate, with respect to any potential violations of civil or criminal law by any individual;
  • Close the campus to Members of the CMC Community, including prohibiting Members of the Public from coming onto CMC’s campus for any reason.

College’s Response to Policy Violations

Violation may result in any one or more of the following responses:

  • Immediate removal from the campus;
  • Arrest of any individual;
  • Disciplinary action for members of the CMC community (enrolled students, faculty, or staff of CMC); and/or
  • Referral for disciplinary action and activation of the Claremont Colleges Banning Disruptive Persons Policy for other members of the Claremont Colleges community (enrolled students, faculty, or staff at any of the other Claremont Colleges).

Additionally, dispersal orders are not required, nor practical in all circumstances, in order for the College to respond by any of the methods identified above.