Student Free Expression: Demonstration and Fixed Exhibit Policy

Introduction: USF Values

As a Catholic, Jesuit institution, the University has the opportunity and the responsibility to advocate the values and theological tenets upon which it is founded. As an institution of higher education, we are committed to the free and open expression of a broad and diverse range of ideas. The University is committed to the proposition that higher education prepares students to be critical thinkers and allows them to exchange their points of view in a respectful and inclusive learning environment. Education is best achieved with dialogue among divergent and pluralistic viewpoints.

The University has recognized this view of education as a key component of its vision, mission, and values, including as core values a belief and commitment to advancing:

  1. The Jesuit Catholic tradition that views faith and reason as complementary resources in the search for truth and authentic human development, and that welcomes persons of all faiths and religions or no religious beliefs as fully contributing members of the University;
  2. The freedom and the responsibility to pursue truth and follow evidence to its conclusion.
  3. Diversity of perspectives, experiences, and traditions as essential components of a quality education in a global context.

Therefore, because USF is irrevocably committed to full intellectual discourse, the University reaffirms the right of every member of the University community to free expression, free association, and free exercise of religion. The First Amendment allows speech that you may find extreme or hateful. It’s not unusual for people to want to silence others’ speech and eliminate that which is unwelcome, disagreeable or even deeply offensive. However, it is the protection of unpopular expression that lies at the core of the First Amendment, which makes it unlawful to prohibit speech based on content, with limited exceptions (incitement of violence, true threats or fighting words). Open and vigorous contesting of ideas that people oppose is the protected response. Students who want to respond to hateful rhetoric have options. Students can counter speech with speech, hold alternative events or engage in non-violent protest. In the face of abhorrent speech, honoring free expression amplifies USF's values of tolerance in the face of intolerance, inclusion and social justice.

Students are free to express their views individually or in organized groups, on any topic, on all USF campuses, subject only to rules necessary to preserve the equal rights of others and the other functions of the University.

Freedom of Expression: Protections and Guarantees

Freedom of expression at the University of San Francisco includes the right of USF students to present and advocate their ideas in the spirit of the development of knowledge and the quest for truth. Freedom of expression includes demonstrations, fixed exhibits, petitioning, information dissemination, the formation of groups, and participation in group activities. The University shall not, in general, impair or abridge the foregoing freedoms beyond the regulation of the time, place, and manner of their expression, except as to such speech, expression, or association that falls outside of traditional constitutional protection. While students and student organizations at USF are guaranteed the freedom to examine and to discuss questions of interest, and to express their opinions publicly and privately, the University also recognizes its obligation to protect its property and processes from individual or collective actions which are malicious, or which disrupt this institution, or which obstruct, restrain or interfere with activities of members of the University community, whether by physical force or intimidation. It must be at all times understood that the positions or views espoused are those of students or speakers themselves and do not necessarily reflect the views of the University.

Demonstration and Fixed Exhibit Policy

Demonstrations and fixed exhibits are permitted on the Hilltop campus so long as they are orderly, lawful, and congruent with the standards below and all other policies within the Student Conduct Code. Demonstrations and fixed exhibits that appear to violate this or other policies of the Student Conduct Code may be interrupted or stopped at the direction of the Dean of Students and/or the Assistant Vice President for Student Engagement or designee. Upon report of any possible violation of these or other policies of the Student Conduct Code that takes place as part of a demonstration or fixed exhibit, participants, organizers, or sponsors may be subject to the student conduct process.

Demonstrations

For the purposes of this policy, the term “demonstration” will refer broadly to the organized display of these rights. The right of students to demonstrate on campus may not interfere with the rights of others to engage in and benefit from the educational programs and services of the University.

*Note: Consistent with the Student Conduct Code guidelines that communication will be through the official student assigned email account, USF will review demands or requests from protesters if they are sent from a university-issued email address (either dons.usfca.edu or usfca.edu).

These standards are not an attempt by the University to censor or otherwise limit content or viewpoint, but rather to advise organizers regarding applicable standards for time, place, and manner. Accordingly, demonstrations are subject to the following standards regarding the time, place, and manner in which they occur:

  1. Time: Demonstrations must occur within the hours of normal operations for the facility or space in which they occur (if applicable). Buildings will not be kept open beyond regular hours to accommodate demonstrations.\
  2. Place: Demonstrations may not take place indoors (with the exception of the University Center) or in any space that has been concurrently reserved by other members of the University community or guests. Demonstrations must not impede the free flow of pedestrian or vehicular traffic, block thoroughfares, or obstruct campus building entry or exit points.
  3. Manner: As a Jesuit institution, the manner in which USF students engage in civil discourse is held to a high standard. Just as students are encouraged to engage in critical thought and social action, so are they expected to do so in a manner that honors the inherent dignity of all people, even those who may disagree. Therefore, demonstrations may not take place in a manner that endangers the University community, violates the law or the USF Student Conduct Code or interrupts the functioning of the University (interfering with or disrupting classes or other ongoing University events or activities). Demonstrations may not utilize amplified sound in a manner that substantially interferes with classes or other events in progress. Further, demonstrators may not claim to speak for or otherwise represent the position of the University, unless officially sanctioned in writing by the Dean of Students and/or the Assistant Vice President for Student Engagement.
  4. Notifications: Individual students or recognized student organizations intending to organize a demonstration should notify the Dean of Students and/or the Assistant Vice President for Student Engagement (located on the 5th and 4th floor of the University Center, respectively) two (2) business days before the demonstration. Upon receiving notification, the Dean of Students and/or the Assistant Vice President for Student Engagement or designee will offer to meet with organizers to provide appropriate support and resources to mitigate risk and protect participants’ rights. This may include assistance with:
  • reserving space
  • clarify goals
  • promotions and notifications
  • news and media coverage (working with Office of Marketing Communications)
  • access to sign making material
  • coordinating with Public Safety

Notifications received fewer than two (2) days before the demonstration may be reviewed subject to staff availability; however, support and resources may be limited.

Fixed Exhibits

Free expression may also take the form of fixed exhibits, such as ribbons or banners tied to trees or lamp posts; temporary walls or other erected structures; or flags, crosses, signs, or other items planted in the ground. Fixed exhibits, due to their unique nature, must be approved by and coordinated with the Dean of Students and/or the Assistant Vice President for Student Engagement or designee in consultation with other stakeholders (Events Management and Guest Services, Public Safety, Facilities, etc.). Individual students or recognized student organizations wishing to sponsor a fixed exhibit must submit a request to Events Management and Guest Services at least seven (7) business days before installation. Following receipt of this request, the sponsoring party must meet with the Dean of Students and/or the Assistant Vice President for Student Engagement or designee to discuss expectations, rights, responsibilities, and logistical considerations (time, place, and manner), which must be mutually understood and accepted. All requests will be considered.

Prior to the installation of the fixed exhibit, the sponsoring party will receive written notification of the agreed upon parameters from the Dean of Students and/or the Assistant Vice President for Student Engagement or designee, which will have the effect of policy. Fixed exhibits may only remain displayed for five (5) or fewer consecutive business days and may not be displayed during University holidays. The sponsoring party is responsible for any damage to University property resulting from the exhibit.

Fixed exhibits may not take place in a manner that endangers the University community, violates the law or the USF Student Conduct Code or interrupts the functioning of the University (interfering with or disrupting classes or other ongoing University events or activities). Fixed exhibits may not utilize amplified sound in a manner that substantially interferes with classes or other events in progress. Other restrictions apply, such as the prohibited use of sidewalk chalk and the prohibition on obstructing walkways.

Student Conduct, Rights and Responsibilities

As mentioned previously, as an institution of higher education, the University of San Francisco is committed to the free and open expression of a broad and diverse range of ideas. We hold the position that education is best achieved with dialogue among divergent and pluralistic viewpoints. Therefore, students are free to express their views individually or in organized groups, on any topic, on all USF campuses, subject only to rules necessary to preserve the equal rights of others; community and individual expectations in the Code of Conduct; and other functions of the University. Examples of prohibited actions include, but are not limited to:

  1. Property Damage (i.e. all paint types, chalking, wall damage, etc.)\
  2. Doxxing
  3. Threats to individuals, groups, and/or property
  4. Harassment and/or persistent behavior that creates a hostile environment for an individual to function at USF.
  5. Hate speech
  6. Physical attacks or confrontations
  7. Trespassing - the gain of access to a University facility either (a) by a person who has not been authorized by USF to inhabit or otherwise use the facility, or (b) for the purpose or in the furtherance of a violation of law or USF's Code of Conduct.

Invited Guests

Below are the expectations and responsibilities of organizers when inviting guests, those not currently enrolled at the University, and other non-affiliated members of the USF community.

These include individuals encouraged to attend events through direct, as well as indirect invitations. Indirect invitations include, but are not limited to: Instagram posts, Snapchat posts, X (formerly Twitter) posts, other social media mechanisms, etc.) inviting individuals to arrive at the location of the event to support a cause.

Students are responsible for the conduct and safety of their guests while they are on campus. This includes, but is not limited to:

  1. Compliance with Campus Rules: Guests must comply with all campus policies and regulations, just as community members do. This includes following curfews, respecting quiet hours, maintaining cleanliness, and behaving appropriately in all campus facilities.
  2. Supervision: Student organizers are expected to supervise their guests at all times. This may involve accompanying them around campus and ensuring they are not causing any disruptions or property damage.
  3. Financial Responsibility: Student organizers are financially responsible for any damage caused by their guests to campus property or the property of others.
  4. Guest Behavior: Student organizers will be held accountable for the actions of their guests. This means they may face disciplinary action if their guest engages in disruptive, disrespectful, or illegal behavior, or any behavior in violation of USF policies.

Enforcement

Violations of this policy may result in disciplinary action for both the student and their guest. Depending on the severity of the offense, this could include warnings, fines, probation, suspension or expulsion.

It is the responsibility of all members of the community to create and maintain a safe and welcoming environment for everyone. This includes those who may or may not agree with your positions or points of view.