EMPLOYEE RIGHTS AND PRIVILEGES: EMPLOYEE EXPRESSION AND USE OF COLLEGE FACILITIES

Note: For expression and use of College District facilities and grounds by students and registered student organizations, see FLA. For expression and use of College District facilities and grounds by the community, including by nonstudents and organizations that are not registered student organizations, see GD. For use of the College District’s internal mail system, see CHE. 

Academic Freedom

Faculty members are entitled to academic freedom as defined in EBD (LOCAL). 

Distribution of Literature

Limitations on Content

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the College District shall not be sold, circulated, distributed, or posted on any College District premises by any employee or employee organization, except in accordance with this policy.

The College District shall not be responsible for, nor shall the College District endorse, the contents of any materials distributed by an employee or employee organization.

Materials shall not be distributed by an employee or employee organization on College District property if:

1. The materials are obscene;

2. The materials contain defamatory statements about public figures or others;

3. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action;

4. The materials are considered prohibited harassment [see DIA series and FFD series];

5. The materials constitute nonpermissible solicitation [see DHC]; or

6. The materials infringe upon intellectual property rights of the College District [see CT].

Time, Place, and Manner Restrictions

Distribution of materials shall be conducted in a manner that:

1. Is not disruptive to College District operations;

2. Does not impede reasonable access to College District facilities;

3. Does not result in damage to College District property;

4. Does not interfere with the rights of others; and

5. Does not violate local, state, or federal laws or College District policies and procedures.

The distributor shall clean the area around which the literature was distributed of any materials that were discarded or leftover.

The Senior Director of Human Resources shall designate times, locations, and means by which materials that are appropriate for distribution, as provided in this policy, may be made available or distributed by employees or employee organizations to employees or others in College District facilities and areas that are not considered common outdoor areas.

Use of Facilities and Grounds

Requests

Approval

Common Outdoor Area Exception

Announcements and Publicity

Identification

The facilities and grounds of the College District shall be made available to employees or employee organizations when such use does not conflict with use by, or any of the policies and procedures of, the College District. The requesting employees or employee organization shall pay all expenses incurred by their use of the facilities in accordance with a fee schedule developed by the Board.

An “employee organization” is an organization composed only of College District faculty and staff or an employee professional organization.

To request permission to meet or host a speaker in College District facilities, interested employees or employee organizations shall complete a request form provided by the College District in accordance with administrative procedures.

The employees or the employee organization making the request shall indicate that they have read and understand the policies and rules governing use of College District facilities and that they will abide by those rules.

The Office of Institutional Effectiveness shall approve or reject the request in accordance with provisions and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, ideological, academic viewpoint, or other content of the speech likely to be associated with the employees’ or employee organization’s use of the facility. 

Approval shall not be granted when the official has reasonable grounds to believe that:

1. The College District facility requested is unavailable, inadequate, or inappropriate to accommodate the proposed use at the time requested;

2. The applicant is under a disciplinary penalty or sanction prohibiting the use of the facility;

3. The proposed use includes nonpermissible solicitation [see DHC];

4. The proposed use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;

5. The applicant owes a monetary debt to the College District and the debt is considered delinquent;

6. The proposed activity would disrupt or disturb the regular academic program;

7. The proposed use would result in damage to or defacement of property or the applicant has previously damaged College District property; or

8. The proposed activity would constitute an unauthorized joint sponsorship with an outside group.

The Office of Institutional Effectiveness shall provide the applicant a written statement of the grounds for rejection if a request is denied.

Common outdoor areas are traditional public forums and are not subject to the approval procedures. Employees and employee organizations may engage in expressive activities in common outdoor areas, unless:

1. The person’s conduct is unlawful;

2. The use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;

3. The use would materially or substantially disrupt or disturb the regular academic program; or

4. The use would result in damage to or defacement of property.

In accordance with administrative procedures, all employees and employee organizations shall be given access on the same basis for making announcements and publicizing their meetings and activities. 

Employees and employee organizations using College District facilities must provide identification when requested to do so by a College District representative. 

Violations

Interference with Expression

Failure to comply with this policy and associated procedures shall result in appropriate administrative action, including but not limited to, suspension of an employee’s or employee organization’s use of College District facilities and/or other disciplinary action in accordance with the College District’s policies and procedures and the employee handbook.

Faculty, students, or student organizations that interfere with the expressive activities permitted by this policy shall be subject to disciplinary action in accordance with the College District’s discipline policies and procedures. [See DH, FM, and FMA]

Appeals

Decisions made by the administration under this policy may be appealed in accordance with DGBA(LOCAL) and FLD(LOCAL) as applicable.