2/14/2017:

From: Mike Schill <mschill@uoregon.edu>

Subject: Time, Place and Manner rules

Date: February 14, 2017 at 5:51:47 AM PST

To: Chris Sinclair <csinclai@uoregon.edu>, William Harbaugh <harbaugh@uoregon.edu>

Hi Bill and Chris,

After discussing the matter with you two, Kevin Reed and other senior staff, I have decided to withdraw our proposal for time, place and manner rules.  While I still believe that these rules are advisable to protect content neutrality, I am also convinced that we need to do more work in educating the community and building consensus around them.  The UO has no shortage of pressing issues, difficult problems and wonderful opportunities for us to work on together now.  Therefore, I am putting the time, place and manner proposal on hold for the foreseeable future.

Best,

Mike

12/07/2016: For informational purposes and background, please see previous senate motion:

This policy contains elements related to free speech activities on campus.

11/27/2016 update: After weeks of of not responding to Senate requests for an updated draft of the TPM free speech restrictions policy, General Counsel Kevin Reed has now submitted one to the administration’s Policy Advisory Council.

They meet Dec 7th at 10AM in the JH Conference Room to discuss it, agenda here. Assistant Board Secretary Amanda Hatch sent the Senate the draft policy at 4:40PM Wednesday. It is now posted on the PAC website here.  The PAC membership list is here.  The Senate will take up the proposed policy during the Winter term.

10/31/2016 update: The Senate is in the process of formulating a plan for a response to the administration’s proposed policy on time, place and manner restrictions on free-speech. The administration is in the process of updating the draft below in response to comments they have received. We will add the new draft to this post when the GCO provides it to the Senate.

10/28/2016:  The message from President Schill is below, the break, followed by the Administration’s proposed policy restricting the Time, Place and Manner of Free Speech, and by the relevant sections of UO’s Policy on Policies, on how policies should be developed and approved.

Colleagues,

Over the past year, controversies involving free expression have cropped up on campuses throughout the United States. Speakers have been disinvited at several universities as a result of objections to their views. At other universities, speakers arrived on campus only to be shouted down by their audiences. A student was disciplined at one college for making a joke about feminism; at another a similar fate met students who criticized the university’s affirmative action program. And at many universities, students demanded administrative sanctions against other students for their expressions of political views.

The University of Oregon has a proud history as a leader in the protection of free expression. In 1963, the university created a free speech platform outside the EMU. A few years later, during the height of Vietnam War protests, the university created new procedures that recognized the rights of students to protest and drafted policies that took a lenient approach to nonviolent demonstrations. In 1986, the free speech zone was expanded to the plaza outside our student union. Wayne Morse—our former law professor, dean, and US senator—was throughout his career an outspoken advocate for unpopular political positions.

Today, members of our community still use demonstrations to drive attention to their causes, including in just the past year marches organized by the Black Student Task Force, the Divest UO movement, and our own classified workers. Like other UO presidents, I have sometimes been mentioned less than lovingly during these protests. But like the majority of my predecessors, I am also deeply committed to the principle of free expression, both as embodied in the First Amendment and in the institution’s tradition of academic freedom.

Let me ground this conversation in the unequivocal statement that the UO embraces free expression as one of its core principles. It is outlined in the policy on Freedom of Inquiry and Free Speech passed by the University Senate in 2010 and signed by President Richard Lariviere. The policy states the following:

“Free inquiry and free speech are the cornerstones of an academic institution to the creation and transfer of knowledge. Expression of diverse points of view is of the highest importance, not solely for those who present and defend some view but for those who would hear, disagree, and pass judgment on those views. The belief that an opinion is pernicious, false, and in any other way despicable, detestable, offensive, or ‘just wrong’ cannot be grounds for its suppression.”

My own views on free expression are entirely consistent with this strong statement of principle. As the inscription at the EMU Free Speech Plaza states, “Every new opinion, at its starting, is precisely in a minority of one.” Today’s unpopular sentiment or theory may become tomorrow’s orthodoxy. Perhaps even more important, unpopular views, even those that never catch on, cause us to question our commonly held presuppositions and engage in critical thinking, which is at the core of what we teach at a great university.

Of course, free speech is not and never has been an absolute right. Chief Justice Oliver Wendell Holmes said it best when stating that the law does not sanction someone “falsely shouting ‘fire’ in a theater.” Courts have determined that it is appropriate and necessary for government to define the time, place, and manner in which speech may coexist with the functions of government. In a university setting, we create restrictions that protect the safety of our community, the rights of our students to obtain an education, and the ability of our faculty, staff, and administrators to do their jobs effectively.

Last year, a group of students representing Divest UO occupied the waiting room of Johnson Hall and attempted to plant a sign in front of the main door for more than a month. They were respectful, interesting, and fun to engage in conversation. To be honest, I sort of liked having them there, even though they refused my offers of food. On the other hand, they disrupted business at Johnson Hall. When we looked for policies pertaining to the sit-in, we found that we had little more than vague rules prohibiting disruption and allowing for scheduling the use of facilities.

The absence of appropriate and well-understood rules for the use of campus spaces for the free exchange of ideas makes us all vulnerable. We don’t have a set of consistent policies and rules that are clear to students, members of the faculty and staff, or other entities who may wish to appropriately protest. More important, the absence of clearly articulated policies means that there is an unacceptable risk of arbitrariness and ad hoc rulemaking that in itself is a threat to the UO’s foundational free speech principles. While I liked the students sitting in the foyer, what if they had been hateful people advocating for policies we find reprehensible? Restrictions on speech—even those allowed by law—must be content-neutral.

To deal with this problem, I have asked our Office of General Counsel to draw up a proposal that sets forth a clear set of guidelines to govern the time, place, and manner of expressive activity on campus. They are in the process of getting feedback from stakeholders across campus and plan to take that proposal to the Policy Advisory Committee in the next few weeks. It is my hope that this process of circulating a proposal will allow us to craft the best policy possible, one that reflects the values of the community and serves the legitimate needs of the university. I view it as the beginning of a campus dialogue that will involve all constituents of our university including our students, classified workers, administrators, faculty, and University Senate. Because of the vulnerability I described in the previous paragraph, if for some reason we are unable to come to a consensus in four months, then I will enact a temporary policy until that consensus is achieved.

The final topic that I would like to cover is how we treat each other. At our September convocation, I spoke to more than 3,000 incoming members of the Class of 2020. I told them that sometimes professors or classmates might say things that angered or even offended them. But the antidote to speech that one doesn’t like is not to shut down that speech. That is what totalitarian governments do. Instead—to paraphrase Supreme Court Justice Louis D. Brandeis—the antidote to speech we don’t like is more speech. I am delighted that we have not experienced the type of intolerant behavior that has taken place at many other universities in the 15 months since I assumed the presidency of the University of Oregon.

The fact that we have the right to say what it is on our mind, of course, doesn’t mean that we shouldn’t think about the effects of our words on others. Racist or sexist speech, hate speech, is not welcome on this campus. Students, faculty and staff members must all remember that we are a family—a family of Ducks. That means something. We should not harm members of our community by making them feel bad or unwelcome. As a community of scholars, we can debate ideas and theories without insulting each other or resorting to name-calling. Think about how your speech affects the people who hear it. And if you say something, even inadvertently, that does create offense, consider apologizing or engaging that person in a discussion. That’s what people in a family do. That’s also how we learn from each other—through discussion.

This message—that there is nothing inconsistent between the notions of protecting free speech and being careful that our speech doesn’t harm members of our community—is one that we should all put into practice. Not because the university’s administration will step in to squelch the speech with disciplinary proceedings. We won’t do that unless it rises to the level of pervasive harassment that deprives members of our community of their rights to teach or learn. We should consider the effect of our speech on others because we are a community of scholars.

So let’s argue with each other robustly over ideas and policies. Let’s protest against oppression; let’s argue about politics; let’s even debate about questionable decisions emanating from Johnson Hall. But let’s do so respectfully, assuming that each of us just wants to do the right thing. And let’s also keep open the possibility that all of this speech might convince us to change our minds. That is the essence of rational discourse; it is why our university was created and why we chose to be here.

Office of the President, 1226 University of Oregon, Eugene OR 97403-1226
P: 541-346-3036

 

The University Administration’s proposed policy:

University of Oregon Policy TBA

Time, Place and Manner Rules for Campus Speech and Protest Activities

Reason for Policy

To reaffirm the University’s commitment to the robust exchange of ideas and its support for full and honest debate across the full spectrum of human issues, while simultaneously respecting the safety of speakers and audiences alike as well as the safe operation of the campus.  This policy reaffirms and implements the important principles embodied in the University’s Policy Statement on Freedom of Inquiry and Free Speech by ensuring that different voices and points of view may be heard and the business of the University can be conducted in safety even in times of protest or controversy.  It sets forth the rules for engaging in free speech activities so all constituents might understand how to share and respect the rights of our community members to engage in teaching, learning and scholarship.

This policy does not supersede rights an employee organization, certified as the exclusive representative under the Public Employees Collective Bargaining Act, may have pursuant to its collective bargaining agreement.  Neither does this policy ignore the important role of civil disobedience in this history of this nation and this campus; rather, it attempts to clearly define the line where protected conduct ends and civil disobedience begins.

                                                                                                                                                           

Entities Affected by this Policy

Any individual on University owned or controlled property

                                                                                                                                                           

Web Site Address for this Policy

[Provided by Office of the University Secretary after policy is posted online]

                                                                                                                                                           

Responsible Office

For questions about this policy, please contact the Office of General Counsel at 541-346-3082 or gcounsel@uoregon.edu

                                                                                                                                                           

Enactment & Revision History

[Insert enactment date here]

                                                                                                                                                           

Policy

Definitions:

• “Free Speech Zones” are defined as those areas specially designated for Speech Activities by Non-University Entities:
  1. The Amphitheater at the Erb Memorial Union;
  2. The intersection of University and 13^th Avenue
  3. Memorial Quadrangle
  4. Humpy Lumpy (the grassy area at the northeast corner of Agate St. and E 15^th Avenue)
• “Literature” means posters, flyers, handbills or leaflets of any size.
• “Person” means any member of the public or the University community.
• “Non-University Entity” refers to an individual or organization that is not a University
• “Speech Activities” means expressive activities that communicate a message such as leaf-letting, picketing, speech-making, demonstration, petition circulation, and similar speech-related activities.
• “University” means the University of Oregon.
• “University Entity” refers to groups or entities involving members or units of the university community, including colleges, schools, departments, and other university organizational units, labor organizations representing university employees, recognized faculty groups, recognized student groups, academic student groups, and self-defined groups of three or more members of the faculty, staff or officers of administration, when scheduling any Facility.
• “University Property” means all facilities owned or leased by the University or the University of Oregon Foundation, wherever situated.

Use of University Campus for Speech Activities

In general, University grounds are available to University Entities for Speech Activities, subject at all times to guidelines, as authorized below, applied on a content and viewpoint neutral basis, to protect safety, property and university operations.  Non-University Entities are generally restricted to uses of designated Free Speech Zones for their Speech Activities, but may also reserve space for Speech Activities pursuant to the Facilities Scheduling Policy to the extent such spaces are not already reserved for use by University Entities.   The interior spaces of University buildings are, generally, exclusively reserved for University business activities and therefore are not open for speech activities unless properly reserved in advance through the Facilities Scheduling Policy.  Classrooms, auditoriums and other suitable space are available for scheduling programs involving speech activities, while other interior spaces (including hallways, lobbies, waiting areas, and stairwells) are not available for such activities unless specifically designated for such use.  Posting signs and fliers within university interior space is allowed only in those areas designated by the department, division or unit that controls that interior space.

Reservation of University Space for Speech Activities

Many campus spaces suitable for speech activities are available for advance reservation through Scheduling and Event Services in the Erb Memorial Union, per the Facilities Scheduling Policy.  See http://scheduling.uoregon.edu/.  Persons wishing to reserve campus space are encouraged to schedule space through that office.  Speech activities in residence halls and University-owned dining halls may be regulated by the Director of University Housing.  Any such regulations shall be content and viewpoint neutral.

Access, Traffic, and University Business Not to Be Impeded

• No speech activities shall impede ingress or egress to buildings or disrupt pedestrian and vehicular traffic.

• No speech activities shall unreasonably disrupt regular or authorized activities in classrooms, meeting or event venues, offices, lobbies, waiting areas, laboratories, housing and dining buildings and other University facilities or grounds.

(3)            No speech activities shall be conducted at a volume that unreasonably disrupts the normal use of classrooms, officesnd laboratories during any time when those facilities are being used for University business.  Between the hours of 8:00 a.m. and 5:00 p.m., amplified sound will not be allowed in outdoor spaces except in athletics performance and training facilities and the Erb Memorial Union amphitheater, unless otherwise approved by Scheduling and Events Services.  Amplified sound in the amphitheater may be prohibited by Scheduling and Event Services if it interferes with scheduled classroom activities.

(4)            While the streets and sidewalks of the campus are generally open to speech activities by University Entities, the Vice President for Finance and Administration may designate portions of a street and the time of day during which a street is not available for speech activities by any person or group, in order to meet traffic, emergency access, and public transit needs.   Any such restriction shall be content- and viewpoint-neutral basis. 

Notification

(1)            In order to allow scheduling and to assure public safety, persons desiring to picket or demonstrate are encouraged to notify the appropriate University official at least 24 hours in advance.

(2)            The officials to be notified are:

(a)             Deputy Athletic Director or designee for all athletics facilities

(b)            Director, University Scheduling and Event Services for all other spaces.

(3)            In all instances, the university will endeavor to give priority for the use of space to any person who has reserved that space through the University’s Facilities Scheduling Policy.

Use of Tables, Carts, Booths, and Similar Structures

(1)            Tables, carts, booths or similar structures may be set out and used on campus only as provided in this rule.

(2)            Except as provided in section @@ of this rule, use of a table, cart, booth or similar structure is permitted in the Erb Memorial Union amphitheater area so long as the use does not disrupt University access, traffic or business. The University may require users of a table, cart, booth or similar structure who do not have a reservation pursuant to section @@@ of this rule to move if necessary to avoid such disruption.  All such tables or other structures shall remain staffed or occupied by the event sponsor so long as they remain in place.  Persons occupying tables or other structures are responsible for ensuring the structures are safe and that they do not blow over, collapse or otherwise cause injury or impediment to other persons.

(3)            Except as provided in section @@@ of this rule, use of a table, cart, booth or similar structure larger than three feet by six feet on campus for informational, nonprofit, commercial, or any other purposes, must be sponsored by a University Entity and should be coordinated pursuant to the University Policy on Facilities Scheduling and be coordinated by the Erb Memorial Union.

Use of Signs, Banners and Placards

(1)            Except as provided here, Non-University Entities may not post Literature on University bulletin boards, buildings or elsewhere on campus.  Any temporary signs not erected by the University shall comply generally with the Campus Outdoor Sign Plan, found at https://cpdc.uoregon.edu/services/services/signage.  No permanent signs may be posted on any University property, except by the University.

(2)            Notwithstanding foregoing section (1), Non-University Entities using university athletics performance facilities under facilities use agreements may post signs or banners on University buildings within or visible from the performance as provided for in the terms of a sponsorship or facilities use agreement authorizing the use of the venue.

(3)            Posters, signs, banners and other materials and literature advertising official University functions may be placed on campus by the University.

(4)            University student organizations and ASUO may place banners or signs only in those locations authorized by University Scheduling and Event Services.

(5)            University Entities members may post Literature on departmental boards reserved for such use pursuant to viewpoint- and content-neutral guidelines established by the relevant departmental office. However, no University spaces or other resources may be used for activities that would violate controlling government ethics rules or political campaign laws and regulations.

(6)            To the extent that it does not violate controlling government ethics rules or political campaign rules, University Entities or Non-Entities may post Literature on designated University bulletin boards found:

On 13^th Avenue between Johnson and Chapman Halls

On 13^th Avenue at the intersection of University Street (two stations)

(7)            No Literature of any kind shall be left on automobiles parked on University property except by the University.

(8)            Posting of Literature in areas within or adjacent to the residence halls must be in accord with the specific On Campus Housing Policies applicable to these areas. (See http://housing.uoregon.edu/print-advertising)

(9)            Posting of Literature within University-owned and operated apartments must be in accord with the specific rules and policies applicable to these areas which are implemented by the staff of the University Housing Office.

(10)         Posting of Literature within athletics training or performance facilities must be in accord with the specific policies applicable to those areas as may be established by the Athletics Department.

(11)         Signs or banners used during Speech Activities shall comply with the following specifications:

1. To protect safety, the size of the handles or supports for posters, signs, placards or banners shall be made of wood or hollow PVC piping without exception and limited to one-fourth inch (1/4”) in thickness by three-fourth inch (3/4”) in width or ¾” in diameter and shall extend no more than eighteen inches (18”) beyond a single exterior edge of such posters, signs or banners.
2. All posters, signs, placards or banners shall be hand-carried and not in any way affixed, fastened, or attached to the premises; they may not be self-supporting and placed for display; nor leaned against any wall, partition, landscaping or other University property.
3. The carrying of posters, signs, placards or banners in a way that obstructs or interferes with the normal movement of any vehicular traffic or pedestrian movement on University Property is prohibited.

CHALKING

Chalking messages on sidewalks in exterior areas of the campus in areas that are exposed to the rain by University Entities is permitted unless an area has been specifically designated by the Vice President, Finance and Administration as off-limits for such activity due to safety or aesthetic concerns.  Chalking is not permitted on the exterior walls of any University building.  Chalking is by its nature a short-lived medium for communication and nothing in this policy shall preclude campus maintenance personnel from removing chalked messages in the ordinary course of their campus cleaning and maintenance activities.

ENFORCEMENT

(1)            Any person violating these rules is subject to:

(a)             Institutional disciplinary proceedings, if a student or employee; and

(b)            An order to leave the immediate premises or property owned or controlled by the University by a person in charge of University property.

(2)            Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University may be subject to citation or arrest for criminal trespass.

(3)            The Vice President of Finance and Administration, Vice President for Student Life, the Dean of Students, and their designees, have the authority of “persons in charge” of University property for purposes of these rules.

APPEAL

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Chief of Staff, Office of the President, or designee. If the Chief of Staff, Office of the President, or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

                                                                                                                                                           

Related Resources

The University’s Facilities Scheduling Policy: https://policies.uoregon.edu/policy/by/1/04000-facilities/scheduling-use-facilities.

The University’s Policy Statement on Freedom of Inquiry and Free Speech: https://policies.uoregon.edu/policy/by/1/01-administration-and-governance/freedom-inquiry-and-free-speech.

The University’s Campus Visitor’s Policy:

http://policies.uoregon.edu/content/campus-visitors.

Campus Outdoor Sign Plan:

https://cpdc.uoregon.edu/services/services/signage

Printing-Advertising Policies:

http://housing.uoregon.edu/print-advertising

 

UO Policy on Policies: 

Some relevant extracts:

3.2 Academic Policy.

A Policy that addresses curriculum, academic standards, academic standards of admission, academic freedom, tenure and promotion, major changes to academic programs, grading standards, student life that relates to the educational process, or other matters of an academic nature as commonly understood in higher education, as specified in Section 1.3 of the University of Oregon Constitution.

1. Academic Policies.

5.1 For Academic Policies, the Senate President will initiate action within the Senate’s procedures and in collaboration with appropriate others. The Responsible Office for Academic Policies shall be the Office of the Senior Vice President and Provost, which shall coordinate with the University Senate.

5.2 After action by the Senate, the Senate President will present the Policy to the University President, who will take action in accordance with Section 7.2 of the University of Oregon Constitution.

5.2.1 For each proposed new Academic Policy or change to an existing Academic Policy, if the President’s decision is contrary to a vote of the University Senate on the proposal, he or she shall come to the Senate within the time specified in Section 7 of the University of Oregon Constitution (60 days or longer if necessary) – as President of the Faculty – and suggest withdrawal or amendment. The Senate shall promptly consider the President’s request. If the President and the Senate cannot come to agreement after 60 days from the President’s presentation, the President and the Senate President shall jointly call a Faculty Assembly.

5.2.2 If a Faculty Assembly is called pursuant to section 5.2.1, the Statutory Faculty and President will fulfill their oversight obligations and exercise their authorities according to the procedures outlined in Section 9 of the University of Oregon Constitution.

5.3 Proposals regarding majors, programs, minors, certificates, courses, and degree requirements originate in academic units and are drafted by faculty. These items are not considered policies for the purpose of this Policy.