Ohio Administrative Code › Title 3337 - Ohio University › Chapter 3337-1 - Policies In General › Section 3337-1-44 - Use of outdoor spaces

Current through all regulations passed and filed through July 1, 2024
The version of this rule that includes live links to associated
				resources is online at
https://www.ohio.edu/policy/01-044.html
(A) Scope and overview
This policy establishes rules for the use of outdoor spaces on
				the university's campuses, including the Athens campus, regional campuses,
				centers, and extension campuses. University outdoor spaces are dedicated
				primarily for use by the university community for purposes consistent with the
				institution's mission and related teaching, learning, studying, research,
				academic, extracurricular and student life, administrative, and other
				supporting activities.
Outdoor spaces intended for vehicular transportation and
				parking, such as university-owned roads, garages, and parking lots, must be
				used solely for those purposes absent prior permission.
University outdoor spaces may be used by the university
				community and the public in accordance with this policy.
Uses may be subject to additional rules for particular
				locations and/or during certain times, which may be communicated by signage at
				the location (e.g., construction zones).
(B) General rules for use of outdoor spaces
The following rules govern use of outdoor spaces on university
				campuses:
(1) Reservations
Outdoor spaces are generally available for use by the
				university community and the public, with or without advance reservation or
				notification, in accordance with this policy. Determinations regarding
				reservations must be made without reference to the content of any expression
				associated with the activity.
The university has designated certain outdoor spaces on the
				Athens campus that are available for reservation by the university community
				and the public. Paragraph (C) of this rule identifies those areas and relevant
				rules.
A user who has reserved an outdoor space is entitled to
				exclusive use of that space during the reservation time. Unscheduled or
				conflicting uses of space during a reservation time may not be permitted, and
				individuals whose use conflicts with a scheduled use may be required to leave
				that area.
Additional reservation-related requirements may apply, such as
				reservation fees.
(2)
			 Amplified sound
Amplified sound devices such as microphones, speakers, and
				bullhorns may be used in outdoor spaces only with the advance permission of the
				office of event services ("event services"), which will evaluate such requests
				based on the nature of the university space and other university activities and
				events that may be occurring at the time. Use of such devices is subject to
				additional time restrictions depending on the space at issue. For example, use
				of amplified sound during weekday daytime hours is more limited than on the
				weekends.
(3) Literature,
			 petitions, and signs
Users may distribute literature, circulate petitions, and carry
				signs in outdoor spaces, so long as these activities are consistent with other
				provisions of this policy.
(4) Materials attached to poles and other
			 structures
No signs, equipment, or other items may be taped or otherwise
				attached to and left on trees, bushes, light poles, permanent signs, retaining
				walls, or other structures, except in areas clearly dedicated to public posting
				of materials (e.g., public bulletin boards). This rule does not prohibit the
				use of hammocks and similar items, provided users do not damage vegetation and
				do not leave such attachments unattended.
(5) Disruption
As contemplated in policy
				01.040, disruption is largely
				dependent on context. Many factors may influence what rises to the level of
				disruptive including but not limited to size and configuration of the space,
				proximity to academic or administrative functions, and number of participants.
				Mere inconvenience is not a basis to abridge free expression.
Outdoor spaces are generally available to the university
				community and the public for a variety of activities, including marches,
				demonstrations, rallies, public speech-making, picketing, protests, and similar
				assemblies. These events may be in spaces reserved in advance or spontaneous,
				and they may be loud and involve crowds of various sizes.
Determinations regarding disruption must be made without
				reference to the content of any expression associated with the activity.
				Activities in outdoor spaces that substantially and materially disrupt or
				interfere with university activities and operations are not permitted. For
				example, prohibited activities may include blocking sidewalks and exterior
				building doors, sustained loud noise directly outside a classroom or office
				during business and class hours, and blocking university-owned roads without
				permission. Blocking pathways, doors, service counters, door activators, or
				otherwise impeding university efforts intended to assist with accessibility for
				persons with disabilities in compliance with the Americans with Disabilities
				Act of 1990 (as amended) is not permitted.
In general, disruption is defined as conduct that results in,
				or imminently threatens, the following:
(a) Substantial and material interference
			 with the ability of students, faculty, and staff to engage in university
			 activities and operations, including teaching, learning, studying, research,
			 academic, extracurricular and student life, administrative, and other
			 supporting activities;
(b)
			 Substantial hindering or impeding of pedestrian or vehicular traffic, including
			 by blocking building doors; and
(c)
			 Substantial and material interference with an authorized event or activity
			 conducted in university spaces, including expressive activities permitted under
			 this policy.
In addition, disruption includes behavior that is not protected
				speech, including actual or imminent threat of violence, physical harm to
				individuals, or violation of a statute, regulation, ordinance, or legal
				requirement, and damage to university or other personal property.
The determination whether an activity has become disruptive as
				defined above generally will be made by the academic or administrative manager
				responsible for the space and other appropriate university officials depending
				on the facility and circumstances at issue, in consultation with the Ohio
				university police department ("OUPD").
In addition, disruption includes behavior that is not protected
				speech, including actual or imminent threat of violence, physical harm to
				individuals, or violation of an occupancy limit, building code requirement, or
				other statute, regulation, ordinance, or legal requirement, and damage to
				university or other personal property. OUPD is legally obligated to make the
				final determination in resolving issues of public safety.
(6) Protocol for engagement
Engagement with students involved in free expression, when
				appropriate, reflects the university's educational mission to foster an
				environment of open discourse, debate, and learning. For example, leaders and
				representatives of academic units, the division of student affairs, diversity
				and inclusion, and event services may engage with participants to encourage
				constructive dialogue depending on the facility and circumstances of the
				demonstration.
University officials should maintain protocols for responding
				to demonstrations and engaging constructively with participants - especially
				students - when safe and appropriate.
(7) Clean-up and damage fees
Users of outdoor spaces must take care not to cause damage to
				the university's property or leave behind trash and other items. If this
				occurs, clean-up and damage fees and costs may be assessed on the responsible
				individuals and groups.
(8)
			 Food and alcohol
All food uses by university departments, offices and student
				organizations must comply with relevant office of environmental health and
				safety regulations and with policies
				47.010 and
				47.015.
Use of alcoholic beverages is prohibited in outdoor university
				spaces, except in accordance with policy
				24.001.
(9) Camping
Absent prior written approval from the university, no person
				may erect tents or other structures requiring stakes, poles, or similar
				attachments in outdoor university spaces, given the presence of underground
				utilities and other infrastructure. Requests will be evaluated according to
				security, safety, and logistical considerations by the executive director of
				event services in consultation with OUPD and other appropriate university
				officials.
Overnight camping or overnight outdoor sleeping of any kind is
				prohibited without prior permission.
(10) Commercial use
Any proposed commercial activity will be
(a) Limited to baker university center
			 ; or
(b) Will follow
			 the rules set forth in policy
			 42.550.
(11) Major events
Users who intend to sponsor events on the Athens campus that
				are expected to draw two hundred or more people are encouraged to review policy
				01.030 and to contact the
				university's major events committee to facilitate the event. "Major Events"
				typically include concerts, charity races, and other produced events.