Author: Josh Cancio

Procedures & Guidelines

Code of Virginia
Table of Contents » Title 23. Educational Institutions » Chapter 1. General Provisions » § 23-9.2:13.
Restrictions on student speech; limitations

Section 23-9.2:13. Restrictions on student speech; limitations.

Public institutions of higher education shall not impose restrictions on the time, place, and manner of student speech that (i) occurs in the outdoor areas of the institution's campus and (ii) is protected by the First Amendment to the United States Constitution unless the restrictions (a) are reasonable, (b) are justified without reference to the content of the regulated speech, (c) are narrowly tailored to serve a significant governmental interest, and (d) leave open ample alternative channels for communication of the information.

2014, c. 559.

Outdoor Events:

Temporary structures, displays and other inanimate objects as part of student speech may reside temporarily in outdoor spaces of the University in accordance to the Code of Virginia Section 23-9.2:13. The placement of freestanding structures, displays and other inanimate objects will be considered an event and follow the university scheduling policies and guidelines in accordance with University Policy 1103: Space Utilization and Scheduling (this would exclude objects that are fully contained to one’s person).

Safety Hazard

If any or part of the object(s) is deemed a safety hazard after inspection by the office of Environment, Health and Safety, (or their designate) then object(s) may be cordoned off, dismantled or removed. A reasonable effort will be made to contact the student owner to inform them of the safety issue, prior to action in order to give the student owner the ability to fix or remove the object. The owner of said object(s) may be billed if the University has incurred costs associated with a hazard posed by the object(s).

Abandonment

If the owner of the object(s) has abandoned the object(s) or after a reasonable attempt the owner cannot be identified then the object(s) may be removed. If the object was not destroyed or disposed of and the owner later becomes known, the object may be returned to the owner. The owner of said object(s) may be billed for university cost associated with the object(s).

Reserved Outdoor Venues

Temporary structures, displays and other inanimate objects may be removed from the reserved venue boundaries is desired by the event organizer/client. The owner of said objects may be billed if the University has to move the objects. It may be necessary to remove the objects prior to the actual event reservation in order to properly prepare the space for the event client/organizer. A reasonable attempt will be made to contact and verify the owner of the object(s) is a student prior to removal to inform them of the upcoming scheduled event as well as provide the student owner a reasonable time in which the object(s) needs to be removed by the owner. The university will make a reasonable effort to suggest and accommodate an alternated location for the student owner of the object. This applies to events that have been properly reserved through the University Scheduling System/Processes.

Related University Policies, Regulations and Statements:

• University Policy 1103: Space Utilization and Scheduling
• University Policy 1109: Poster Policy
• University Policy 1110: Vending Sales and Solicitations

Guidelines

While maintaining a safe campus in which its students, faculty, and employees can advance the educational mission of Mason without disruption, the University may establish constitutionally permissible time, place and manner restrictions on the use of its facilities and property. Activities that require a space reservation must be scheduled through the University’s centralized scheduling system (25Live) and must adhere to all University Policies including Policies 1103, 1109, 1110, 1112, 1140, and other applicable policies and procedures (many of which are listed below). Activities in which all items are fully contained to the person(s) does not normally require a space reservation.

Outdoor events/activities restrictions include, but not limited to:

1. Blocking access to and egress from any university facility, building and controlled space is prohibited.
2. Blocking vehicular or foot traffic on roadways, fire lanes, and walkways is prohibited.
3. Use of loudspeakers, bullhorns, and other amplification devices are prohibited except as permitted under University Policy 1128: Use of Amplified Sound in Outdoor Spaces.
4. Activities involving the use of tables, chairs, display carts, booths, tents, free standing displays, or any other furnishings and/or structures on University Property require a space reservation. The space reservation must be scheduled using the University’s centralized scheduling system and the activity is subject to University Policy 1103: Space Utilization and Scheduling, and University Policy 1110: Vending Sales and Solicitation.
5. Postings, writings, markings, banners, images, symbols or signs of any kind may not be placed on or affixed to the outside of buildings, doors, windows, walls, posts, trees, plants, trash or recycling containers, newsstands, vehicles, or any other campus physical features except as permitted in University Policy 1109: Poster Posting, and University Policy 1112: Outside Banner (and/or other Materials).

Related University Policies, Regulations and Statements:

• University Policy 1103: Space Utilization and Scheduling
• University Policy 1109: Poster Policy
• University Policy 1110: Vending Sales and Solicitations
• University Policy 1112: Outside banner (and/or other Materials) Policy
• University Policy 1126: Participation in Political Activities
• University Policy 1127: University Affiliated Social Media Sites
• University Policy 1128: Use of Amplified Sound in Outdoor Spaces
• University Policy 1132: Trespass Notices
• University Policy 1140: Utilization of Facilities by General Public
• University Policy 1201: Non-Discrimination Policy
• University Policy 1301: Responsible Use of Computing
• University Policy 48: Building Access and Entry
• Mason Space Use Regulation, 8 VAC 35-31
• Free Speech at Mason Statement

Quick Reference Guide

Student Centers and associated services will follow University Policy as outlined in the Environmental Health and Safety Office Power Outage and Utility Failure Guide (PDF).

Power Outage:

• In an event of a power outage, events will be suspended, postponed and/or cancelled until power is fully restored.
• All event venues and public accessible spaces that do not have functioning emergency lighting or sufficient ambient lighting must be vacated.

Extended Power Outages:

As they relate to Student Center facilities, an extended power outage is defined as outages exceeding one hour in duration and/or outages addressed by notification through the Mason Alert System. In the case of an Extended Power Outage, Student Centers will follow timelines similar to the Inclement Weather Plan.

• Events that begin after the power has been restored may experience disruption of normal services due to the outage. Room setups may not be correct and/or resources (a/v, catering, etc.) may not be available or delayed.
• If determined that power cannot be fully restored to the building in an appropriate time, activities may be cancelled and/or the building may be closed.

Water Outage:

• In the case of a water outage, all affected restrooms will be closed.
• Typically and depending on size, events may occur as scheduled.
• Food and Catering Services may not be available.