Rule Summary

The Texas A&M University System (System) Policy 08.02, Expressive Activity on Campus, requires adoption of a member rule. This rule identifies common outdoor areas that are not considered public forums, designates other public forums on Texas A&M University- Kingsville’s campus, including reservable designated public forums, provides reservation requirements and procedures, and provides a grievance process for addressing complaints for violations of an individual’s expressive activity rights.

Definitions

Definitions from System Regulation 08.02.01, Expressive Activity on Campus, are incorporated by reference as if fully set forth herein.

Rule

EXPRESSIVE ACTIVITY

 The rights and responsibilities related to expressive activities on campus are set forth in System Regulation 08.02.01. Nothing in this rule will be construed to amend or alter the rights and responsibilities outlined in that regulation. Students, staff, faculty, and community members are encouraged to review the regulation to understand their rights and responsibilities while on campus.

DESIGNATION OF PUBLIC FORUMS

As outlined in System Regulation 02.01, all common outdoor areas are deemed traditional public forums unless otherwise designated by this rule.

RESERVABLE DESIGNATED PUBLIC FORUMS

 The following public forums may be reserved with advance notice and subject to availability:

• The Memorial Student Union Building (MSUB) Pavilion is a reservable designated public forum and will be reserved at the request of students and non-students for expressive activity.
• MSUB Pavilion is defined as the space between the MSUB and the Biology and Earth Science (BES) Building. Sound equipment is allowed and available for use in this area at a small fee.  The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.
• Texas A&M University- Kingsville off-campus learning sites may identify reservable designated public forums on their respective properties.

 ADVANCE RESERVATION REQUIREMENTS

In an effort to ensure safety and to promote an environment conducive to study, advanced reservation for expressive activity is required for events or activities that are near intersections, and/or near academic buildings anytime classes, study activities, and/or research are taking place.

RESERVATION PROCEDURES

• Individuals or groups who are either required to make advance reservation or those individuals or groups who otherwise wish to make advance reservations must request use of the space through Event Planning at least five business days in advance of the event. Additional collaboration and coordination may be required from a building/space proctor. Usually, the use of the space will be assigned to the person or organization that requests the area first. University-sponsored events have priority on the use of campus facilities.
• The university reserves the right to locate or relocate any assembly to ensure that the activity does not interfere with the normal operation of the university or interfere with the rights of others.
• The decision to confirm a request for space will be based on proper and timely completion of the Reservation Request form, compliance with applicable requirements, and availability of space.
• The decision to confirm will be based on the foregoing criteria, and in no circumstance will any decision be based on the content or viewpoint of the expressive activity or upon the expected reaction of others. If a request is denied, the rationale for the decision will be provided in writing. The denial of a reservation request can be appealed to the Vice President for Student Affairs or a designee.
• At the time of the request, the following information will be required:
  •  Name information of the person or organization sponsoring the event. Contact information for one individual who will be present during the course of the event.
  • Location, date and time requested for the event.
  • General purpose of the event.
  • List of planned activities (i.e. speech or rally, march with signs, distribution of literature, sit-in).
  • Special equipment requested.
  • Anticipated attendance.
• For recognized student organizations, a member of the sponsoring organization must be present at the event and during the entire course of the event to retain the reservation.

THIRD PARTY EVENTS

Events organized by an external party but held on must be sponsored by a recognized student organization, university academic or administrative unit, or a System member.

GRIEVANCE PROCEDURE

Any person who believes that their campus expressive activity rights, as recognized by this rule and System Regulation 08.02.01, have been unduly interfered with by a student, student organization, or employee has the right to file a grievance.

Students may file a grievance with the Dean of Students Office Faculty may file a grievance with Academic Affairs.  Staff may file a grievance with Human Resources.  Third-parties may file a grievance with the Dean of Students Office, and it will be routed according to established grievance procedures..

Those who choose to observe and/or listen to expressive activities bear the responsibility of recognizing and honoring the right of free speech. Any acts that are disruptive to the normal operations of the university, including classes and university business, or that invade the rights of others will not be tolerated. A student, student organization, or employee who is found to have unduly interfered with another person’s expressive activity rights, as recognized by this rule, is subject to disciplinary action in accordance with the university’s applicable rules and procedures. Any participant in a disruptive activity may also face criminal charges. The offices listed in section 7.2 of this rule are responsible for the complaint according to its normal procedures. Grievances may be referred to another office for review and further action, when appropriate.

IMPLEMENTATION

A copy of this rule and System Regulation 08.02.01 must be provided to students during Hoggie Days and other new student orientation programs. 

This rule and System Regulation 08.02.01 must be posted on the university’s website.

A link to this rule must be included in student and employee handbooks, if maintained by the university.