Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-4 - University Property and Use of Equipment › Section 3356-4-21 - Campus free speech

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy statement.
			 Youngstown state university values the freedoms of speech, thought, expression
			 and assembly both as constitutionally guaranteed rights and as part of the
			 university's core educational, research, and public service mission and shall
			 not prohibit any individual from engaging in noncommercial expressive activity
			 on campus, so long as the individual's conduct is lawful and does not
			 materially and substantially disrupt the functioning of the institution. The
			 university also recognizes that the exercise of these freedoms must be balanced
			 with the rights of others to learn, work, and conduct business. Any speech or
			 other expressive activities by persons under this policy should not be
			 considered to be speech made by or on behalf of the university/administrators
			 or to be endorsed by the university/administrators.
(B)
								Purpose. To
			 provide guidelines for the free and orderly exchange of ideas on university
			 grounds and to ensure that these activities do not imperil public safety,
			 obstruct or damage university facilities, or interfere with the university's
			 mission and functions. To provide guidelines in accordance with state law
			 sections
			 3345.0211
			 to
			 3345.0214
			 of the Revised Code, known as the Forming Open and Robust University Minds
			 (FORUM) Act, hereinafter referred to as the "FORUM Act."
(C)
								Definitions.
(1)
									"Expressive activity" means all forms of non-commercial
			 expression that are protected by the First Amendment to the U.S. Constitution,
			 which may include peaceful assemblies, speeches, protests, picketing,
			 leafleting, circulating petitions, distributing literature, and similar
			 expressive communications and activities.
(2)
									"Harassment"
			 means unwelcome conduct that is so severe, pervasive and objectively offensive
			 and speech that is not protected by the First Amendment of the U.S.
			 Constitution or Article I of the Ohio Constitution "Unprotected Expression"
			 that it effectively denies an individual equal access to the individual's
			 education program or activity.
(3)
									"Outdoor areas of
			 campus" means the generally accessible outside areas of campus where members of
			 the campus community are commonly allowed, such as grassy areas, walkways and
			 other similar common areas. This does not include outdoor areas where access is
			 restricted to a majority of the campus community.
(4)
									"Materially and
			 substantially disrupts" means when a person, with the intent to, or with
			 knowledge of doing so, significantly hinders another person's or group's
			 expressive activity, prevents communication of their message, or prevents the
			 transaction of the business of a lawful meeting, gathering, or procession by
			 either engaging in violent or otherwise unlawful behavior or physically
			 blocking or using threats of violence to prevent any person from attending,
			 listening to, viewing, or otherwise participating in an expressive
			 activity.
(5)
									"Campus community" means students, student groups,
			 faculty, staff, and employees of the state institution of higher education and
			 their invited guests.