As the above quotation suggests, the University functions within the rules governing a larger society. It was created by that society for a special purpose: the facilitation of learning and teaching. It follows that the University's regulations must conform with the law as well as take account of the particular role of educational institutions. Fundamental to our entire philosophy is our firm belief that rights guaranteed by the First and Fourteenth Amendments to the Constitution of the United States must be protected on the campus as elsewhere and that local, state, and federal laws must prevail on the campus.
Becoming a member of the University community in no way abrogates or compromises the rights which the Constitution of the United States guarantees to all persons. This principle applies to the adjudication of violations of campus policies as well as other areas.
Within the University setting as within society at large, the exercise of one's rights must be tempered by recognition of the rights of others. For example, the exercise of free speech may unreasonably infringe upon the right to learn. It should not be surprising that conflict may arise between parties engaged in activities which are individually lawful, for a fundamental function of social organization is the reconciliation of competing interests.
Within the University setting more than any other, the appropriate means for conflict resolution is rational discourse. The process fundamental to the existence of the University cannot be abandoned under stress, especially since they represent the most effective means for progress. Further, the criteria employed to seek lawful accommodation of various interests must grant special attention to the central mission of the University: learning and teaching.
The laws of society and the mission of the University establish the framework within which disagreement, dissent, demonstration, and advocacy may, and indeed must, occur. For humankind to progress, the educational process must be dynamic even if fraught with controversy, for change cannot take place until the first question is raised. The discovery of new propositions or new solutions also may be followed by passionate advocacy. Such advocacy must never replace the continued pursuit of the University's essential purpose of learning and teaching.
It is within this context that the University rejects the use of, or the threat of, force as a means of resolving differences. Violence is both unnecessary and inappropriate for those who have access to reasoned discourse and is unacceptable within an institution dedicated to reason. The University officer responsible for implementing the Policy Statement on Freedom of Expression and Dissent, when students are involved, is the Chief Student Affairs Officer. In the event faculty or staff are engaged in disruption, the Chief Student Affairs Officer or that officer's duly authorized representative shall consult with the Provost or appropriate Vice Presidents before taking action. In all cases, the designated officer shall attempt to resolve the situation through efforts of persuasion. The University must, after efforts at persuasion have failed, resort to the use of any legal remedy deemed necessary. Those engaged in unlawful disruption, consequently, may expect appropriate responses from either University or other law enforcement authorities, or both. (University police officers possess full law enforcement authority.)
GUIDELINES
Since a clear differentiation between legitimate dissent and unlawful
disruption is difficult, it is the purpose here to provide explanatory
guidelines:
A. The Board of Trustees, administration, faculty, staff, alumni, and students recognize the crucial importance of maintaining open communication and dialogue in the process of identifying and resolving problems which evolve from the dynamics of University life.
B. Unlawful disruption initiated by any person or persons within the University community will be met by that action of the University which is necessary to restore order and the communication required for rational solution of problems. Such action may range from warning to dismissal, and/or arrest. Unlawful disruption is generally defined here as activity which imposes the will of other persons or groups within the University community, outside of established procedures for the expression of opinion and the resolution of differences.
Unlawful disruption is construed to include activities which, contrary to law:
1. Denies the rights of students, the faculty, the staff, or guests
of the University.
2. Disrupts or obstructs activities of the University.
3. Denies the rights of those engaged in peaceful discourse or
dissent.
4. Denies free movement of persons on any part of the University
campus or any property owned or leased by the University.
5. Denies the proper use of offices or other facilities to the
students, faculty, officers, staff, trustees, or guests of the University.
6. Endangers the safety of any person on University property.
7. Threatens, or results in, the destruction of property.
C. Lawful and peaceful demonstration as an expression of favor or dissent should be permitted and protected.
D. Members of the academic community must be free to organize, discuss, pass resolutions, distribute leaflets, circulate petitions, picket and take other action which is not only lawful, but consistent with University policy and procedures; however, they also have an obligation to preserve the University's free and unhampered search for truth.
E. Symbolic Structures, as an expression of free speech, must be scheduled according to standard scheduling procedures and follow Regulations for Symbolic Structures appended to this policy. Failure to schedule space for symbolic structures, using the Requisition for Use of Facilities and/or Services, will result in removal of the structures.
F. The activities of an individual or group of individuals cannot be allowed, in the name of free speech, to disrupt the educational program.
G. Failure of a person(s) on University property to follow a reasonable request to leave University facilities or campus in general may result in one's arrest and/or removal for trespassing.
H. When groups organize a demonstration on campus which becomes unlawfully disruptive, action may be taken against the group as well as individuals involved.
I. Any member of the University community witnessing an unlawful disruptive occurrence should notify Police Services.
APPENDIX
Regulations for SymbolicStructures
Members of the UVM community and their organizations
may erect symbolic structures on campus to express their views or opinions.
Persons or organizations not affiliated with the University may also apply
for space following these regulations. Such structures may deal with
any constitutionally protected subject.
A. Definitions
1. Symbolic Speech shall include structures,
actions, picketing, and any other thing or activity for the purpose of
expressing views or opinions that is not otherwise included in the concepts
of oral or written speech, signs, handbills, posters, or other methods
of communication.
2. A symbolic structure is any object, other than objects such as handbills, signs, notices or posters, arm bands, or personal attire, used in the process of expressing views or opinions. Symbolic structures include but are not limited to props and displays, such as coffins, crates, theaters, cages, and statues; booths; buildings; billboards; banners; shanties; boxes, tents; and other similar displays for which space is needed.
3. Unprotected speech and expression. Nothing in these regulations shall be construed as authorizing or condoning unpermitted and unprotected speech, such as "fighting words," slanderous, libelous, or obscene exercises of the speech rights defined under these regulations. Any person engaging in such conduct or using UVM facilities or grounds to do so shall be subject to the laws governing such unprotected speech, including the authority of the University to remove signs, posters, handbills, structures, or other unpermitted expressions of unprotected speech or publications.
B. TIme, Place, and Manner Restrictions
1. Designated areas for Symbolic Structures.
Members of the UVM community and their organizations or non affiliates
may apply to erect structures as symbolic speech in:
The Grantor may permit the erection of structures outside the designated areas noted above, provided it is shown in the application for a permit that there is some exceptional need or unusual circumstance that requires another location.
2. Prior to the erection of any structure, a person or organization must follow normal procedures for scheduling space by contacting the Director of Student Life.
The applicant/s will be asked to identify:
a. the identity of some member or members
of the UVM community responsible for the structure, including telephone
number/s and address/es;
b. the issue or reason for the proposed
structure;
c. the proposed location and design of
the structure
d. the estimated number of participants,
including non-UVM community members;
e. the length of time up to thirty (30)
calendar days for which the permit shall be in effect.
Limits of size, height, and area covered will be determined by the Grantor consistent with issues of health, safety, construction, materials, and taking into account the natural environment and other objects or structures. Structures used as a form of symbolic speech must be constructed so they do not cause a safety hazard to passersby, nor be constructed so as to constitute a fire, health, or safety hazard, and in no event will fire or flame be permitted as a part of the symbolic structure.
The structure must be reasonably staffed as a condition of issuing the permit and renewing the permit. For safety and other reasons, there shall be no sleeping in a structure. If it is deemed to be an appropriate form of expression of the symbolic speech activity, night time occupancy of a structure by a reasonable number of persons will be approved, subject to safety arrangements mutually agreed upon by the grantor and applicant.
3. The Grantor shall approve the scheduling request
after consultation with the affected offices if:
a. the intended structure and uses made
of it will not constitute an unreasonable health or safety hazard and will
not impede the normal functions of UVM, that is, teaching, research, and
service, and;
b. the structure does not block or impede
entry into any building or interfere with normal pedestrian or vehicular
traffic, and;
c. the proposed location of the structure
does not inflict unreasonable damage upon landscaping such as flower gardens
and shrubs, or UVM property, and;
d. the proposed location is not scheduled
for another use.
4. Included in the scheduling approval are
the following understandings:
a. an agreement to remove the structure
at the designated time and pay for any unreasonable damage the structure
may cause to the site upon which it is erected;
b. an agreement that it the structure is
not removed at the end of the reserved time by sponsoring group or individuals,
they may be billed for the costs of removal by the University.
c. an agreement to hold UVM harmless for
the liabilities arising out of the grantees' use of UVM premises and resulting
in damage to property or injury to others, and to indemnify the University
for any claims against the University for such damages or injury;
d. an agreement by all non affiliates of
the University to indemnify and hold the University harmless from any claims
or expenses on account of injuries, death, or property damage arising out
of these activities, its agents, employees, guests, or registrants as authorized
by this policy. Such applicant must provide the University with a
certificate of insurance evidencing comprehensive general liability coverage
in amounts of no less than $1,000,000 for bodily injury and $50,000 for
property damage prior to use of any University space for symbolic structures.
Members of the UVM community shall be personally responsible for the content and use they make of the structures they erect on campus. By erecting any structure on campus, the applicant agrees to hold the University of Vermont harmless for any claims, damages, liabilities, or other expenses caused by the structure itself or caused by the message it conveys.
C. Appeal Rights
Any person denied the request to erect a structure
may appeal; the action of the Grantor to any Appeals Committee composed
of two students (one graduate, one undergraduate) selected by the Graduate
Student Association and the Student Government Association; two faculty
selected by the Chair of the Faculty Senate; and two staff selected by
the Staff Council. The group will be convened by the Director of
Student Life. The response shall be delivered in writing in a timely
manner, that is two working days.
ADJUDICATION:
1. Violation of this Policy Statement on
Freedom of Expression and Dissent by faculty, staff, or students may subject
those involved to disciplinary action by the University.
2. Faculty/staff involved in unlawful disruptive behavior may have their alleged offenses referred to either the Vice President for Administration, in the case of staff, or to the Provost, in the case of faculty, for appropriate action.
3. Those students involved in unlawful disruptive behavior will have their alleged offenses adjudicated in the same manner as detailed in the Rights and Responsibilities section of The Cat's Tale. Sanctions for students' violations of said policy may range from warning to dismissal.
4. Those individuals not affiliated with the University will be prosecuted in accordance with the local, state, or federal criminal statutes.
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