I. Preamble
These procedures and operating rules are adopted effective August 28, 2024. CWRU received input on the original version of the operating rules from various community members, and this amended version is based upon such input. CWRU is requesting that the Faculty Senate review these August 28, 2024 rules and provide input on them. CWRU fully expects that based upon this input and the lessons learned during the 2024-25 academic year, additional adjustments will be made to these procedures and rules.
The goal for these procedures and rules is to protect the Freedom of Expression of our campus community members while also protecting safety, operations and equal access. Doing this helps meet our core principles and legal obligations of ensuring that all in our community can live, learn, research and work in an environment free from harassment, discrimination and intimidation, as required by Title VI.
II. Scope of procedures and rules
Freedom of expression activities include actions that stand for a cause or concern and/or actions to object against a cause or concern. These activities include rallies, sit-ins, die-ins, protests, pickets, vigils, demonstrations, and other similar events consistent with the CWRU Freedom of Expression Policy. We refer to them all as “demonstrations” in the below procedures.
These procedures and rules cover any demonstration occurring on campus/university property or at a university sponsored event.
These procedures and rules do not apply to academic programs, courses, and lectures sponsored by the university or an academic unit, which programs shall be governed by the CWRU Faculty Handbook and other applicable academic policies.
III. Objectives of procedures and rules
The procedures and rules implement the Freedom of Expression Policy’s reasonable time, place, and manner framework that:
- supports freedom of expression activities on campus;
- protects campus safety and operations; and
- provides for equal access to educational opportunities and benefits.
These procedures and rules are designed to allow demonstrations to occur in a manner that also protects safety, operations and equal access. For this reason, the process is collaborative in nature between the individual or group requesting to hold a demonstration and the committee responsible for overseeing this process, with the objective of approving the proposed demonstration.
IV. Oversight authority
The procedures and rules are implemented under the authority and discretion of the Freedom of Expression Policy Committee (“Committee”), which by designation of the Provost is chaired by the Chief of Staff for the President. The Committee shall include member(s) of the Faculty Senate Leadership and representative(s) from the Provost’s Office, the Division of Public Safety, and other appropriate departments consistent with the objectives of these procedures and rules. The membership of the Committee is listed online.
V. Approval requirements
Any demonstration that is reasonably expected to have twenty or fewer participants and will last less than two hours does not require pre-approval of the Committee (hereinafter “Small Demonstration”). A Small Demonstration is still subject to the applicable requirements as noted below, and it cannot be conducted in a manner that creates a safety risk, disrupts the ordinary activities of CWRU, or violates any CWRU Policy. In the event a Small Demonstration exceeds twenty participants, exceeds two hours, creates a safety risk, disrupts the ordinary activities of CWRU, or violates any CWRU Policy, CWRU reserves the right to require that such Small Demonstration immediately disperse. In addition, CWRU reserves the right to prohibit, limit, or require pre-approval of Small Demonstrations during designated time periods.
In order to address potential safety concerns or disruptions to the ordinary activities of CWRU, any proposed demonstration that is not a Small Demonstration requires the written approval of the Committee before it may occur (hereinafter “Large Demonstration”). Only university faculty, staff, students, post-docs, and recognized university groups, if in good standing, may make a request for a Large Demonstration.
VI. Reasonable time
Demonstrations of any size are permitted only from 8 a.m. to 8 p.m. There is a limited exception for Small Demonstrations that are vigils, which may be held from 8 a.m. to 10 p.m.
Large Demonstrations are limited to five hours per activity.
Other date or time restrictions as determined by the Committee to address potential safety risks or disruptions to the ordinary activities of CWRU.
VII. Reasonable place
Large Demonstrations are permitted at the KSL Oval, Freiberger Field, Van Horn Field, or on the Case Quad green space adjacent to Adelbert Hall.
Physically blocking a campus building or walkway is not permitted for demonstrations of any size.
Demonstrations of any size are not permitted inside any building or facility. Tabling activities are still permitted inside applicable buildings pursuant to the tabling rules that the university has for the Thwing Center and the Tinkham Veale University Center. University members should use these rules for tabling inside any applicable building that permits tabling activities. A subcommittee of the Freedom of Expression Policy Committee will develop a tabling policy for the campus overall.
Other place restrictions may apply as determined by the Committee to address potential safety risks or disruptions to the ordinary activities of CWRU.
VIII. Reasonable manner
Only university members (faculty, staff, students, post-docs, and recognized university groups), if in good standing, may participate in demonstrations of any size. Non-university members may be invited to speak at Large Demonstrations, and this information should be included in the written request form.
For Large Demonstrations, at least one of the requesters of the demonstration must always be present at the demonstration.
Tents or other structures, bonfires or other open flames, use of fireworks or other explosives, display or use of weapons, the projection of lights, images or videos onto any building or facility, generators, and microphone systems or bullhorns are not permitted at demonstrations of any size.
Masking to avoid identification is not permitted at demonstrations of any size.
The following applies to demonstrations of any size: Although visual exhibits are permitted, no exhibit may damage university property such as by driving stakes into the ground, or by gluing signs, flags, or other items to a building or other structure, and these must adhere to the university’s Posting Policy. The Posting Policy includes requirements for the Spirit Wall, and these same requirements should be used for the Advocacy Wall at Eldred Hall. Exhibits may not violate university policies including the Non-Discrimination Statement, the Student Code of Conduct, etc., such as by including intimidating or threatening signs.
Other restrictions regarding the manner of demonstrations as determined by the Committee to address potential safety risks or disruptions to the ordinary activities of CWRU.
IX. Approval process
For Large Demonstrations, students, staff, faculty, postdocs, and recognized university groups must submit a written request to the Committee for a proposed demonstration generally at least 3 days prior to the date of the event by filling out this form.
Requests must include the following information: brief description of the activity; name, email and phone number of the event leader(s) responsible for the event; number of expected participants; proposed location, time, duration; a description of any safety concerns; and any requested exceptions to the above rules or extenuating circumstances. The Committee will strive to provide the requester with a timely response within twenty-four hours.
The Committee will approve a request unless it is inconsistent with the above requirements, or if the Committee reasonably believes in its discretion that the demonstration will create a safety risk, disrupt the ordinary activities of CWRU, or violate a CWRU Policy. This process is designed to be collaborative and iterative in nature between the Committee and the requestor so as to enable the proposed demonstration to occur while requesting adjustments to the proposed demonstration reasonably needed to ensure safety, ordinary activities of CWRU, and compliance with CWRU Policies. If the Committee provides a final denial to the request, the Committee will provide this denial in writing with the basis for its decision. The requester may ask for reconsideration by the Committee based upon new information.
Requests for exceptions to these implementing procedure and operating rules must be made in the written request and will be reviewed and considered by the Committee.
The request remains unapproved until receipt of formal written approval from the Committee.
The Committee retains the authority and discretion to withdraw approval at any time based upon a demonstration’s non-compliance with the approved written plan, a safety risk, disruption of the ordinary activities of CWRU, or violation of any CWRU Policy. If approval is withdrawn during an active demonstration, the participants must immediately disperse.
Staff generally will be permitted to participate in demonstrations except during their regularly scheduled work hours. Staff may not organize or participate in such an activity if it constitutes a conflict of interest or conflict of commitment as provided by CWRU Policy. If a staff person has a question on their participation in a demonstration, they should contact HR. Please note however that under federal labor law, staff are permitted to protest terms and conditions of their employment during their regularly scheduled work hours.
X. Compliance & Enforcement
Demonstrations must be performed in accordance with the approved written plan.