3-10 Expressive Activity and Advocacy Policy

• Effective date of this revision: August 2024
• Contact for more information:  Office of Student Affairs; Any Office Referenced in this Policy

I. INTRODUCTION

Central Michigan University serves as a public institution of higher education and is an inclusive environment where topics can be openly discussed and explored. The freedom to explore and to exchange views is essential to the University’s mission. This policy provides our campus community an environment where open discussion, peaceful assembly and expressive activity can occur, without disruption to the academic mission or operation of the University while respecting the constitutional rights of others.

A. All Central Michigan University policies, procedures, and operating directives that affect Expressive Activity or advocacy activities on campus, whether or not they were developed for that specific purpose, are set forth in this document. In each case, the policies are intended to conform with certain assumed principles. These are:

1. Informed political participation is a necessary element in the democratic process.

2. Participation in the discussion of political and other public issues by members of the University community is a desirable educational function and goal.

3. The University, as a public agency supported by public revenues, maintains a posture of institutional neutrality with respect to partisan issues.

4. The University, as a public agency, fully supports the First Amendment of the United States Constitution.

B. Fundraising, solicitation of funds and commercial activities, to the extent occurring on the University’s Mt. Pleasant campus, are governed by the following policies, practices, processes or procedures:

Fundraising, Sales and Solicitation on the Central Michigan University Campus.

Where applicable, Application for Sales and Solicitations and Fundraising in Residence Halls.

II. DEFINITIONS

The following definitions apply to these policies.

A. Expressive Activity: Expressive Activity includes, but is not limited to, assembly, protest, demonstration, speech, distribution of written material, carrying of signs, marches, rallies, parades, circulation of petitions, and/or any public demonstration on University-owned or controlled property. These activities are protected by the First Amendment.

B. Printed Materials: Written communications including, but not limited to, leaflets, handbills, literature, signs, banners, buttons, stickers, magnets, cloth signs or posters.

C. Distribution: The practice of delivering or passing out Printed Materials, including leafleting or hand billing.

D. Related First Amendment Activity: The practice of (1) asking an individual to sign a petition or registration, or (2) asking an individual to support or oppose an issue or support or oppose a candidate for office, or (3) asking an individual to register to vote.

E. Amplified Sound: Sound which has been amplified by electronic means, or other means, including public address equipment, sound vehicles and amplified musical instruments.

F. Temporary Structures: Sandwich Board signs and any temporary facilities (e.g., tent, hut, shanty, stage, table, vehicle), except those which have been approved by a faculty or staff member or the designated representative of a University-sponsored class or event in conjunction with that University-sponsored class or event.

G. Camping: Establishing a location on the campus, campus grounds, parking lot, or walkway where one or more individuals with the apparent intent to occupy or sleep overnight, with or without a physical tent, other erected structure, motor vehicle, recreational vehicle, trailer, etc. This does not apply to hammock occupied between sunup and sundown.

H. Registered Student Organization: Those CMU student organizations registered with the Office of Student Activities and Involvement.

I. Self-Distribution: Leaving a supply of free materials for persons to take if they wish at self-distribution locations.

III. EXPRESSIVE ACTIVITIES

Subject to the additional rules set forth herein, students, Registered Student Organizations, outside individuals, or groups invited by students or RSOs, or visitors who are in compliance with CMU’s policies shall be allowed to conduct Expressive Activities on University property according to the following time, place, and manner requirements:

1. The Expressive Activity shall not block access to campus building(s) nor shall it impede any ingress or egress to the University, any University property, parking lots, buildings, facilities or events. Access is considered blocked if the Expressive Activity is 50 feet or less from the ingress or egress.

2. The Expressive Activity shall not include unlawful activity, activity that violates university policy, or activity that destroys university property.

3. The Expressive Activity shall not disrupt traffic (vehicular, pedestrian or other).

4. The Expressive Activity shall not present a threat to public safety.

5. The Expressive Activity shall not incite violence or harm against any individual or group of individuals.

6. The Expressive Activity shall not take place in a location already reserved by the university, a Registered Student Organization or an outside organization.

7. The Expressive Activity shall not use an amplified device unless it has been reviewed and approved by the Office of Student Affairs.

8. The Expressive Activity is permitted on campus OUTSIDE of University buildings. However, Expressive Activity shall not take place within 50 feet of any classroom, classroom building, office residence hall or University apartment and shall not disrupt instruction, research, administration, or other university activities. The exteriors of University buildings cannot be used for Expressive Activities.

9. Expressive Activity on campus is permitted between the hours of 6:30 a.m. to 8:00 p.m.

10. Persons or groups wanting to reserve spaces for Expressive Activity are required to register with the Office of Student Affairs who will coordinate with CMU Police. To register, the person or representative must provide their name, address, phone number and the name of the group (if any), the approximate time(s) and location(s) of the Expressive Activity event.

11. Expressive Activity during any public event may take place 30 minutes before any event and last no longer than 30 minutes after the event. In addition, the Expressive Activity in response to a public event will take place no farther than 300 feet from the site or building in which the event is taking place.

12. Expressive Activity shall not take place within 50 feet of the gates of any athletics venues during an event.

13. Expressive Activity shall not take place within any athletics venues.

14. Expressive Activity shall not be permitted inside University building(s).

15. Circumstances may arise which require specific conditions for Expressive Activities. In such a case, the CMU Police Chief in consultation with CMU Administration will make a public announcement of the special conditions and the duration of their effect.

16. In the interest of providing a clean, healthy and safe educational environment at CMU, no camping or encampments are permitted on CMU property, with the following exceptions:

a. Camping associated with tailgating that is properly approved, permitted and in compliance with CMU’s Tailgating Policy, 13-1, and

b. Camping associated with Special Olympics Michigan’s summer games with all applicable CMU approval and permits.

17. Students, faculty or staff may be referred to the Office of Student Conduct, or respective personnel office to review alleged violations of this policy.

IV. DISTRIBUTION AND SELF-DISTRIBUTION OF PRINTED MATERIALS

Distribution of Printed Materials on the University’s Mt. Pleasant Campus is governed by these policies. Chalking may be used for non-commercial purposes in compliance with CMU’s Chalking Policy.

A. Printed Materials with respect to a University-sponsored class may be distributed at the discretion of the faculty of record. Printed Materials with respect to a University-sponsored event may be distributed by the sponsor (or representative) at the University-sponsored event.

B. Except as provided in Section IV.A. (University-sponsored activities), any person may Distribute Printed Materials outside of any University building subject to the following time, place and manner provisions:

1. Printed Materials may be Distributed after 6:30 a.m. and before 8:00 p.m.

2. Printed Materials may be Distributed after 8:00 p.m. and before 6:30 a.m., provided that the distribution is either:

a. Registered by the person or group Distributing the Printed Materials with the Office of Student Affairs at least 12 hours before the Distributing is to take place. To register, the person or representative mut provide their name, address, phone number and the name of the group (if any) Distributing Printed Materials and the approximate time(s) and location(s) of Distribution.

OR

b. Starts no earlier than 30 minutes before any public event and lasts no longer than 30 minutes after a public event and shall be no farther than 300 feet from the site of the event or location in which the event takes place.

3. Printed Materials shall not be Distributed within 50 feet of any classroom or office window, within 50 feet of any classroom building or office building door, or within 50 feet of any residence hall or University apartment window.

4. Printed Materials shall not be Distributed within 50 feet of the gates of any athletics venues during the time the audience is arriving or leaving an event at those locations. This regulation shall not limit the distribution of programs or associated materials with respect to the events and sales taking place at the site in connection with authorized University concessions. 

5. Printed Materials shall not be Distributed within any athletics venues. This regulation shall not limit the distribution of programs or associated materials with respect to the events and sales taking place at the site in connection with University concessions.

6. Printed Materials shall not be placed for Self-Distribution outside of any University building.

7. Printed Materials shall not be left on cars parked on University property.

8. Printed Materials or others materials (e.g., paint, chalk, etc.) shall not be attached or applied to (1) the external walls or roofs of any University building, (2) the outside doors of any classroom building or administrative building, (3) the outside windows of any classroom building; administrative building or residence hall/apartment or (4) the outside windows of any public area of any other campus building.

9. Except for Printed Materials carrying out official University functions, Printed Materials or other materials (e.g., paint, chalk, etc.) shall not be attached to (1) the internal walls, floors or ceilings of any public areas in any campus building or (2) the internal doors or windows of any classroom building; office building or residence hall/apartment.

10. Printed Materials or other materials (e.g., paint, chalk, etc.) shall not be attached to poles, trees, sidewalks, or structures, except for chalk that may be used for non-commercial purposes in compliance with CMU’s Chalking Policy.

C. Except as provided in Section IV.A. and this Subsection, Printed Materials shall not be Distributed inside University buildings.

1. Printed Materials for Self-Distribution may be placed in specific locations in certain buildings. These Printed Materials must be placed for Self-Distribution immediately next to the locations where CM LIFE is placed, as the racks are provided for that purpose. No items for Self-Distribution shall be left in any other buildings or in any other locations. Items left for Self-Distribution may be removed by University employees at the end of each week. Self-Distribution locations will be established in the following buildings: Anspach Hall, Biosciences, Bovee University Center, Brooks Hall, Bush Theatre, Combined Services, Dow Science Complex, Engineering & Technology Building, Finch Fieldhouse, Foust Hall, Grawn Hall, Health Professions and Medicine Building, Moore Hall, Music Building, Charles V. Park Library, Pearce Hall, Powers Hall, Public Broadcasting Center, Ronan Hall, Rose Center, Rowe Hall, Solan Hall, Smith Hall, Warriner Hall, West Hall, Wightman Hall, and as provided below in the Residence Halls. Bovee University Center, and Student Activities Center.

2. Bulletin Boards

a. Bulletin Boards in University buildings, or campus information kiosks, which are not designated for a particular and specified purpose, are considered to be General Purpose Bulletin Boards. All University buildings shall have at least one General Purpose Bulletin Board located adjacent to the main traffic flow of the building.

b. Bulletin Boards for a particular purpose, and visibly labeled to that effect, shall be reserved for the purpose designated.

c. Any person or group may place Printed Material on General Purpose Bulletin Boards. Everyone should show courtesy toward other potential users of the limited space.

d. A person shall post only one piece of Printed Material on a General Purpose Bulletin Board at a time and the Printed Material cannot be greater than 22” x 28".

e. Each piece of Printed Material placed upon a General Purpose Bulletin Board must list the initial date of the posting.

f. Printed Materials placed upon a General Purpose Bulletin Board will be removed after the event being announced has taken place, or within 30 days after its initial posting, whichever is sooner, so that other persons or groups may have access to the limited Bulletin Board space.

3. Residence Halls

Printed Materials may only be left for Self-Distribution on the racks and/or table(s) provided for this purpose.

4. Bovee University Center (UC)

a. Any person may leave Printed Materials for Self-Distribution in designated locations and the racks provided for this purpose.

b. Up to three people may Distribute Printed Materials within the first floor (lower level) lobby of the Bovee University Center when the building is open to the public.

c. Printed Materials may not be Distributed at any other location in the University Center except for programs and information materials distributed in connection with scheduled events; and except for Printed Materials Distributed at reserved tables.

d. The reserved tables provided by the University Center will be located in the lower lobby of the building outside of the eating area and in front of the bulletin board. No more than three reserved tables will be used at any one time. The reserved tables shall not be placed in the corridor or in any area that would impede exit from the building in case of an emergency.

e. Reserved tables are available to Registered Student Organizations at no cost. All other persons or groups reserving a table for the Distribution of Printed Materials will be assessed a daily fee assessed by Events and Conference Services.

f. Tables may be reserved for a period of time not to exceed two days. Registered Student Organizations will have priority in the reservation of the reserved tables on a “first come, first served” basis. If, however, four or fewer days before a particular date, reserved table space has not been reserved by a Registered Student Organization, the reserved table space may be reserved by individuals on a “first come, first served” basis. Groups reserving the tables should not leave items at the table unsupervised.

g. After using a reserved table for two days, the group or individual must wait two days before reserving a table for another period of use, except an immediate reservation may be granted if there are no other applicants.

h. Reservations for reserved tables may be made with Events and Conference Services Office, and they will provide instructions concerning the maintenance of the reserved table area.

5. Student Activity Center (SAC)

a. Printed Materials that are programs and information materials in connection with scheduled events may be Distributed in the Student Activity Center.

b. Any person may leave Printed Materials for Self-Distribution in designated locations or in the racks provided for this purpose.

c. Up to three people may Distribute Printed Materials in areas immediately inside the east and west entrances to the Student Activity Center when the building is open to the public.

d. Tables may be reserved in the hallways of the Student Activity Center for the Distribution of Printed Materials for a period of time not to exceed two days. Registered Student Organizations will have priority in the reservation of reserved tables on a “first come, first served” basis. If, however, four or fewer days before a particular date, reserved table space has not been reserved by a Registered Student Organization, the reserved table space may be reserved by individuals on a first come, first served” basis.

e. After using a reserved table for two days, the group or individual must wait two days before reserving a table for another period of use, except an immediate reservation may be granted if there are no other applicants.

f. Reservations for reserved tables may be made with the front desk of the Student Activity Center, and the Student Activity Center management will provide instructions concerning the maintenance of the reserved table area. 

g. Reserved tables are available to Registered Student Organizations at no cost. All other persons or groups reserving tables will be assessed a daily fee.

V. RELATED FIRST AMENDMENT ACTIVITIES

Related First Amendment Activities, as defined in Section II.D, are authorized on the University’s Mt. Pleasant campus. A person participating in Related First Amendment Activities must follow the policies relating to the Distribution of Printed Materials as set forth in Section IV.

VI. SIGNS/TEMPORARY STRUCTURES ON CAMPUS

A. Central Michigan University recognizes that the following areas may be used as set forth below:

1. The circle drive of the University Center is a place where Registered Student Organizations and departments of the University may place tables, sandwich boards or temporary cloth banners carrying announcement or messages. These banners should be made of cloth or other soft material and tied to the trees with cords and may remain for a period up to one week. Signs not conforming to the general description will be removed. Each sandwich board must conspicuously show the initial date of the placement and the name of the sponsoring organization.

2. Warriner Mall, which is the area between the flagpole (north of Warriner Hall) and the south ends of Grawn Hall and Smith Hall, and the area between the Park Library and the Fabiano Botanical Garden Pond are places where Registered Student Organizations may place Signs and/or Temporary Structures. No Temporary Structure shall be larger than 100 square feet or taller than 8 feet and must conspicuously show the initial date of the placement and the name of the sponsoring organization. The Signs/Temporary Structures shall not be placed on sidewalks, parking lot or walkways. They must be removed at the conclusion of the event but no later than 12:00 p.m. of the day immediately following the event, except when the Vice President of Student Affairs or designee grants approval for a Sign (not a Temporary Structure) to remain longer. Signs and/or Temporary Structures must conspicuously show the initial state of the placement and the name of the sponsoring organization.

3. Signs/Temporary Structures are not permitted to advertise activities that are not permitted under the University Code of Student Rights, Responsibilities and Disciplinary Procedures, The Student Organizations Operation Guide, or the laws of the State of Michigan.

4. Before a Registered Student Organization displays a Sign and/or Temporary Structure, as permitted in this Section VI, the Registered Student Organization must register with the Office of Student Activities and Involvement. To register, the Registered Student Organization must provide its name, address, phone number, a general description of the Sign/Temporary Structure and the approximate time of the display.

B. No Signs/Temporary Structures shall be erected or placed on open campus grounds, except as provided in Section VI.B and:

a. Signs may be placed concerning University business (events sponsored by the University itself).

b. Signs directing people to events sponsored by organizations under contract with the University may be placed at designated spots provided they are agreed to as part of the contract with the University.

c. Signs may be erected in the areas subject to the conditions described in Section VI.A above.

VII. SALE OF PRINTED MATERIALS AND OTHER ITEMS

Notwithstanding the provisions of Section I.C., on the University’s Mt. Pleasant campus, the sale of Printed Materials or other items intended for the communication of ideas or opinions, and which are not sold for amounts in excess of twenty-five dollars ($25.00) per item, will be governed by the policies relating to the Distribution of Printed Materials as set forth in Section IV, except that the use of vending machines for newspapers and similar publications shall be governed by the policy on Fundraising, Sales and Solicitations. The sale of Printed Materials or other items intended for the communication of ideas or opinions, and which are sold for amounts in excess of twenty-five dollars ($25.00) per item, will be governed by the policies relating to Fundraising, Sales and Solicitations on the Central Michigan University Campus.

VIII. PARADES, PROCESSIONS AND SOUND TRUCKS

The CMU Traffic Ordinance provides, in part:

“No funeral, procession, or parade, except the forces of the United States Armed Services, the military forces of the State, and the forces of the police and fire departments shall occupy, march or proceed along any street or roadway except in accordance with a permit from the Central Michigan University Office of Student Activities and Involvement and such other regulations as set forth herein. No sound truck or other vehicle equipped with any amplifier or loudspeaker may be used unless written authorization is obtained form the Central Michigan University Office of Student Activities and Involvement.”

IX. AMPLIFIED SOUND

The use of Amplified Sound may be desirable or necessary in connection with certain activities or events on campus. At the same time, Amplified Sound presents the potential for interference with University activities. Therefore, the use of Amplified Sound is governed by these policies.

A. A Person or a group wishing to use Amplified Sound is required to register with the Vice President of Student Affairs, or their designee, a minimum of two business days in advance of the proposed date of the event. The VP or their designee shall make a determination as to the appropriate time and place for the use of the Amplified Sound. To register, that person or representative of the group must provide their name or group’s name, address, phone number, type of Amplified Sound proposed to be used, and the approximate time and location of the proposed use of the Amplified Sound.

B. The factors used in determining the appropriate time and place for the use of Amplified Sound are as follows:

1. Amplified Sound is allowed between Park Library and the Fabiano Botanical Garden Pond area and in the Warriner Mall area between the flagpole (north of Warriner Hall) and the south ends of Grawn Hall and Smith Hall on non-class days and from 12:00 p.m. to 2:00 p.m. on class days. The Vice President of Student Affairs, or their designee, may establish a decibel level that may not be exceeded by the Amplified Sound.

2. In addition, the use of Amplified Sound elsewhere on campus will be permitted if its use will not disrupt University activities, including, but not limited to, classes and other academic or administrative activities. The Vice President of Student Affairs, or their designee, may establish conditions as to time, place and manner of the use of the Amplified Sound, including a decibel level the Amplified Sound shall not be exceeded.

X. CAMPUS MAIL

A. The Campus Mail Service is maintained for the purpose of carrying messages relating to University business from (1) offices of University and (2) individual members of the faculty, staff or student body. The Campus Mail Service will not carry personal messages between individuals or groups.

B. A Registered Student Organization may send, by Campus Mail, announcements of the time and place of its meetings, together with a short description of the purpose of this meetings to members of the Registered Student Organization. A Registered Student Organization may also send general announcements of the time and place of meetings or organization-sponsored events, together with short descriptions of the purposes of the meetings or events, to the general distribution lists maintained by the Campus Mail Service.

C. All other material or communication, including Printed Materials, will be delivered by Campus Mail Service only if it received from the U.S. Postal agency with sufficient postage attached.

XI. DIGITAL COMMUNICATION

A. The use of University’s digital systems (e-mail, LISTSERV lists, digital announcements, etc.) by all individuals and/or organizations must comply with the CMU Responsible Use of Computing Policy.

B. Any University employee who uses the University’s electronic mail system at a time when the employee has not been officially designated to represent the University’s position shall include the following language in any discussions of political advocacy or political solicitation:

This message is not endorsed by Central Michigan University.

XII. LOBBYING

A. Only those individuals authorized by the Board of Trustees are permitted to lobby on behalf of the University or any part of the University.

B. No funds distributed by the University to the Student Government Association, or to any RSO shall be used for the purpose of lobbying, either directly or indirectly.

XIII. ENDORSEMENTS OF POLITICAL CANDIDATES

While individuals and groups are free to express political judgments in the form of an endorsement of a candidate or a ballot issue, such an endorsement may not imply and does not imply official University support, sanction, or action.

XIV. USE OF UNIVERSITY NAME, SEAL OR SYMBOL

A. The name of the University, the abbreviated name, the seal, or symbols of the University shall not be used in such a manner as to endorse, or imply University endorsement, of a political party, ballot issue, or candidate for political office.

B. The name of the University, the abbreviated name, the seal, or symbols of the University shall not be used in such a manner as to imply a University position on a public advocacy issue, unless such position has been officially adopted by the University.

C. The name, abbreviation of the name, the seal, or symbols of the University shall not be used by any person or persons soliciting funds for political or public advocacy purposes, except for CMUPAC.

D. Organizations and employees associated with campus political and public advocacy organizations are encouraged to inform donors that their contributions are given to a political or public advocacy organization and are not, therefore, a contribution to the University and are not tax deductible as a gift to the University.

E. The University owns and controls its name, the abbreviated name, the seal and other symbols for licensing and commercial purposes. Use of the name on commercial products must be approved by the licensing coordinator or designee.

XV. USE OF UNIVERSITY FACILITIES

The University will make available outdoor areas used as a public forum to political candidates and to political/public advocacy organizations for advocacy activities on a uniform basis and subject to the regularly established University policies on scheduling. The University will make its meeting facilities available on a uniform basis, subject to the regularly established University policies on scheduling and fees for use.

XVI. UNIVERSITY PUBLICATIONS

University publications which are supported by public funds and facilities have a particular responsibility when reporting political news or discussing public issues to do so fairly.

XVII. TELEVISION AND RADIO

A. Radio and television stations licensed by the Federal Communications Commission to the Board of Trustees shall comply with applicable federal statutes and regulations, including standards for fairness, if any, relating to broadcasting political news or public issues.

B. Any non-federally licensed station (e.g., student carrier-current station) will observe those same standards for fairness, if any, which the Federal Communications Commission requires of public broadcast facilities relating to broadcasting about political news or public issues.

C. In the absence of such standards for fairness, radio and television stations shall fairly report political news and shall fairly discuss public issues.

XVIII. ADDITION OR AMENDMENT

The University may, from time to time, adopt additional rules or revise existing ones. Such additions or revisions may affect political campaigning and expressive activities on the campus.

The University will promulgate any such revision or addition in writing before taking any action to enforce new or revised rule. The University President, or the senior officer specifically authorized to act on behalf of the President in the President’s absence, may, however, without specific written regulation, direct that any political campaigning or expressive activity be discontinued if the activity presents a clear danger to imminent disruption to classrooms, laboratories, offices, or other University functions, or injury to persons or property or clearly jeopardizes the University’s tax-exempt status.

Central Michigan University reserves the right to make exceptions to, modify or eliminate this policy and or its content. This document supersedes all previous policies, procedures or guidelines relative to this subject.