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Expressive Activity Operating Procedure 217.03

Expressive Activity Operating Procedure 217.03
Johnson County Community College
Series: 200 Administrative Services
Section: Facilities and Property

Cross-Reference: Facilities Use Policy 217.01

Applicability: This Operating Procedure applies to the Johnson County Community College (“JCCC” or the “College”) campus community, including all students, personnel, and visitors.

Purpose: The purpose of this Operating Procedure is to preserve an environment of spirited and open debate and allow for the opportunity to contribute to intellectual exchanges and participate fully in college life while on the JCCC campus.

Definitions:

“Expressive Activity” is non-commercial expression that is protected by the First Amendment to the United States Constitution, which may include peaceful assembly, speeches, protests, picketing, and similar expressive communications and activities. Expressive Activity does not inflict or threaten harm, cause a breach of the peace, consist of fighting words, incite individual(s) to commit a crime or cause panic, is not obscene or defamatory, and for the purposes of this Operating Procedure, is not intended to include activity covered by the Soliciting and Promoting on Campus Operating Procedure 217.11.

“Participants” means any member of the campus community, including all students, personnel, and visitors, who engages in Expressive Activity on the JCCC campus.

Procedures:

Freedom of expression is vital to JCCC’s shared goal of pursuit of knowledge. JCCC supports the right of all members of the campus community to explore new ideas and learn from one another through exercising their First Amendment rights of free speech on the JCCC campus. While the College respects these rights, JCCC encourages individuals to be guided by principles of civil decency. The First Amendment to the United States Constitution does not protect conduct that threatens the health, safety or welfare of persons.

This Operating Procedure does not preclude the application of other College policies or state or local laws or regulations. Students or personnel who engage in disruptive conduct will be subject to disciplinary action, pursuant to applicable College policy and procedures. Disruptive Participants will be referred to local law enforcement and may be removed from campus.  The College will enforce this Operating Procedure in a content and viewpoint neutral manner.

I. Scheduled Expressive Activity

JCCC recognizes that campuses are a marketplace of ideas. Scheduled Expressive Activity enables the College to ensure Participants’ safety and assist organizers, so the event takes place in a constructive and peaceable manner without disrupting the normal functioning of the College. This also allows for such activity to be pre-approved to be held at a specific location on campus, which will ensure that the location is reserved specifically for such expressive activity.

Expressive Activity that is promoted in advance or expected to draw a crowd of at least 10 persons should register in advance, preferably at least 48 hours prior to the requested start of any Expressive Activity, by completing the Expressive Activity Reservation Form through which organizers may request use of an area of campus listed in Section III Location.  Such form will be submitted to a dean over Student Life or designee for approval and coordination with applicable campus officials, such as the JCCC Facilities Scheduling Office or Police Department and will allow organizers to reserve an area of campus listed in Section III Location.  While additional locations on campus may also be available for scheduled Expressive Activity, these may include additional security concerns, scheduling conflicts, rental fees, or resource constraints.  No reservation will be denied based on the content or viewpoint of the proposed Expressive Activity or organizer, and any denial will include written rationale for the decision.  Appeals may be submitted in writing within ten (10) days to the Vice President of Student Success and Engagement designee.

For events occurring on city sidewalks and streets adjacent to the College, organizers should make appropriate arrangements to acquire city permits and should adhere to city ordinances and applicable state and federal law.

II. Unscheduled Expressive Activity

The College is committed to protecting the rights of expression and to making the campus available for these activities.  Protecting impromptu and spontaneous assembly for the purpose of expression is essential to fulfilling this commitment. Thus, the lack of a reservation is not a basis for terminating such expression, unless the activity is (1) not an Expressive Activity, as defined in this Operating Procedure; (2) conflicts with a previously scheduled event in the same location; or (3) may be reasonably restricted as described herein in Section IV Reasonable Restrictions.  Otherwise, unscheduled Expressive Activity may generally occur, subject to Reasonable Restrictions in Section IV, in accessible and open outdoor areas of campus or non-academic, non-administrative, and publicly open portions of facilities that have traditionally be made available to students for expressive purposes, namely the food court and cafeteria in the Commons and the first floor of the Student Center.

When an unscheduled Expressive Activity conflicts with an event that was previously scheduled for the same time and space, the unscheduled activity may be relocated to allow for the scheduled event or preparations for it. 

Additionally, an occurrence of Expressive Activity or an event on campus may invite another form of Expressive Activity by individuals with differing viewpoints. If Expressive Activities combine to become disruptive, the College reserves the right to relocate one or both Expressive Activities or to maintain a perimeter to promote physical safety or to otherwise address concerns identified in Section IV Reasonable Restrictions.

III. Location

JCCC has determined the following locations to be pre-approved for Expressive Activity.

  • COM Plaza: the outdoor plaza south of the Commons Building (COM) and Student Center (SC) and north of the Campus Services Building (CSB) and Welding, Construction, Machining Technology (WCMT)
  • Fountain Square: the outdoor square south of the Office and Classroom Building (OCB) and north of Science Building (SCI)
  • Regnier Lawn: the lawn south of the Regnier Center (RC) and north of the Fine Arts & Design Studios (FADS)
  • Brick Plaza south of the Midwest Trust Center (MTC) and north of the Library (LIB)
  • Green Belt lawn at the Quivira Entrance
  • Green Belt lawn at the corner of College and Quivira

Any location used for Expressive Activity must be left in its original condition at the conclusion of an event, and participants are responsible for ensuring that any litter is properly removed and discarded.  Any participant who causes damage to College property will be responsible for paying charges necessary to return such property to its original state.  Reasonable cleaning charges may be assessed.

IV. Reasonable Restrictions

The College maintains its right to place reasonable restrictions on time, place and manner of expression including to reasonably restrict or prohibit certain conduct on the JCCC campus to protect the members of the College community and College property.

A. Disruptive Activity

The College may restrict any acts that (1) disrupt the normal operations of the College, including, but not limited to, teaching, study, administration, meetings and/or other authorized and permissible use of College facilities; (2) obstruct the free movement of persons about campus or block access to buildings; (3) infringe on the rights and privileges of others; (4) endanger the safety of any person(s); (5) cause damage to property; or (6) violate local ordinances, state or federal laws, or College policies.

B. Noise Level

The College reserves the right to control the use of amplified sound devices on campus and other property controlled by the College.  The noise level of Expressive Activity must not disrupt the normal functioning of the College. If the amplification of sound can be heard in surrounding neighborhoods, organizers must acquire a City of Overland Park sound amplification permit and adhere to city ordinances and applicable state and federal law.

C. Duration

Expressive Activity may be limited to a reasonable period of time, based on the type of event and the resources required to manage it, including campus operating hours, and it may be relocated or reasonably restricted, as provided by this Operating Procedure.

Signature on File in Policy Office
President

Date of Adoption: 05/13/2021
Revised: