Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-2 - Policy Statements › Section 3341-2-45 - Bowling Green state university freedom of expression

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Policy statement and purpose
Read not to contradict and confute, nor to believe and take for
				granted, but to weigh and consider. - Francis Bacon, of studies, inscribed on
				the north faÃ§ade of the McFall center, Bowling Green state university.
Bowling Green state university (BGSU) exists to create and
				share knowledge, promote open debate and dialogue, and be a place where
				multiple views and perspectives can be weighed and considered. So essential are
				these principles to BGSU that words affirming them were carved in stone on the
				faÃ§ade of the university's first dedicated library building.
BGSU is a community of learners and teachers. The university
				strives to ensure that members of our community feel valued and respected and
				have a shared responsibility to maintain and promote an environment of civil
				discourse and mutual respect. At times, the university must allow speech on our
				campuses that may not align with our values of fostering a campus environment
				of diversity and inclusion.
As a public university, we are
				committed to freedom of expression and the rights protected by the First
				Amendment. This constitutional protection includes, but is not limited to, any
				lawful verbal, written, audiovisual, electronic/digital, nonverbal-symbolic, or
				other means by which individuals or groups may communicate ideas or messages,
				including all forms of peaceful assembly, protests, demonstrations, speeches,
				distribution of literature, carrying and displaying signs, and circulating
				petitions.
Harassment, which is also not protected
				expression, is defined in paragraph (H) of this rule and section
				3345.0211 of the Revised
				Code.
The purpose of this policy is to affirm the university's
				commitment to free expression and to provide a resource for students, faculty,
				staff and visitors. An FAQ resource has been
				developed to provide additional context including definitions of legal
				terms. The
				university of Chicago statement on principles of free expression informs this
				policy and BGSU acknowledges and appreciates the work of the statement's
				authors.
(B) Policy scope
This policy applies to all students, recognized student organizations,
				student groups, faculty, staff and visitors
				concerning expressive activities that take place on BGSU property (owned,
				leased, or controlled premises), at BGSU-sponsored events,
				
									or in
				connection with a BGSU-recognized program or activity.
This policy shall not be construed to impair any right or
				activity, including speech, protest, or assembly, that
				is protected by the U.S. Constitution.
Nothing within this policy shall be interpreted as preventing
				BGSU from restricting expressive activities that the First Amendment of the
				U.S. Constitution or Article I, Sections 3 and 11 of the Ohio Constitution
				
									do not
				protect. Further, nothing in this policy shall be interpreted as restricting or
				impairing the university's obligations under federal law including, but not
				limited to, Title IV of the Higher Education Act of 1965, Title VI of the Civil
				Rights Act of 
									1964, Title VII of the Civil Rights Act of 1964, Title
				IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act
				of 1973, Title II of the Americans With Disabilities Act,
				the Age Discrimination in Employment Act, and the Age Discrimination Act of 1975, as addressed through its non-discrimination and
				Title IX policies.
(C) Time, place, and
			 manner limitations on expression and the avoidance of disruption
(1) The university welcomes a robust exchange
			 of ideas and acknowledges that this will include protests, marches,
			 demonstrations, petitioning, leafletting, chalking, and other expressions that
			 will take place in outdoor spaces. When conducted on university property these
			 activities are subject to two categories of university regulation:
(a) Rules prohibiting activities that
			 substantially and materially disrupt university operations; and
(b) Rules that regulate the time, place and
			 manner of expressive activities.
The university has both types of rules. The precise application
				of these rules varies depending on the nature of the university space. The
				rules must always be view-point and
				content-neutral, reasonable, and allow for numerous alternative methods of
				expression. These rules are to be applied narrowly and never in a manner that
				is inconsistent with the university's core commitment to the free and open
				exchange of ideas.