1230 Use of Community College District IV Facilities for Expressive Activities 

Initial Date of Approval: 5/11/15

Revision Date(s): 9/24/24 (temp)

Administrative Responsibility: President

PURPOSE

To provide guidelines for expressive activities on any SVC campus or center. 

DEFINITIONS

1. “College facilities” includes all buildings, structures, grounds, office space, and parking lots.
2. “College groups” means individuals who are currently enrolled students or current employees of Skagit Valley College, or guests of the college who are affiliated with a recognized student organization, employee organization, or the administration of the college.
3. “Expressive activity” includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearance of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of assemblies to share information, perspectives, or viewpoints.
4. "Limited public forum” means common outdoor areas where college groups can engage in expressive activities.
5. “Noncollege groups” mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college or who are not officially affiliated or associated with, or invited guests of a recognized student organization, recognized employee group, or the administration of the college.
6.  “Public use areas” means those areas of each campus that the college has chosen to open as places where noncollege groups may assemble for expressive activity protected by the First Amendment, subject to reasonable time, place, or manner restrictions. 

POLICY

Skagit Valley College is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved mainly for educational use, including instruction, research, public assembly of college groups, student activities and other activities directly related to the college's educational mission. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, substantially interferes with, or otherwise disrupts the normal activities to which the college’s facilities and groups are dedicated. Accordingly, the college designates the outdoor common areas of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy. 

The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities. It is intended to balance the college’s responsibility to fulfill its mission as a state educational institution of Washington with the interest of college groups seeking to assemble in common areas of the campus for expressive activity. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible.  

The college designates the following locations on its campuses as public use areas, subject to the time, place, and manner restrictions below. 

Mount Vernon Campus: Lawn south of the Gary Knutzen Center entrance adjacent to College Way or southwest corner of Lewis Hall parking lot adjacent to the college electronic sign. 

Whidbey Island Campus: Courtyard area between Old Main and Oak Hall. South of Oak Hall and west of Old main or lawn at the corner of Regatta and Pioneer Way. 

San Juan Center: Southeast lawn and lower patio adjacent to main parking lot. 

Time, Place, and Manner Restrictions 

1. Subject to the regulations and requirements of this policy, college groups may use the limited public forums for expressive activities protected by the First Amendment between the hours of 8am and 9pm only insofar as they do not substantially or materially interfere with educational activities or prevent the college from fulfilling its educational mission.
2. Any sound amplification device may only be used at the limited public forums and only at a volume that does not disrupt or disturb the normal use of classrooms, offices, or laboratories or any previously scheduled college event or activity.
3. Signs shall not be affixed to any college structure or be in violation of SVC Policy 5750 Posting.
4. College groups are encouraged to notify Campus Security Services no later than forty-eight (48) hours before an event. However, unscheduled events are permitted if the event does not interfere with any other function occurring at the college.
5. All sites used for expressive activity should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary clean-up or for the repair of damaged property.
6. All fire, safety, sanitation, or special regulations specified for the event are to be maintained. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees to the college.
7. The college cannot provide utility connections or hook-ups to noncollege groups for expressive activity conducted pursuant to this policy.
8. The event must not obstruct vehicular, bicycle, pedestrian, or other traffic, or otherwise interfere with ingress or egress to the college, or to college buildings of facilities, or to college activities or events.
9. The event must not materially infringe on the rights and privileges of college students, employees, or invitees to the college.
10. There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation or storage.
11. College facilities may not be used for commercial sales, solicitations, advertising, or promotional activities, unless (i) such activities serve educational purposes of the college; and (ii) such activities are under the sponsorship of a college department or office or officially chartered student club.
12. The event must be conducted in accordance with any other applicable college policies and regulations, local ordinances, and state or federal laws.  

Additional requirements for noncollege groups. 

1. This policy addresses the use of college facilities by noncollege groups for expressive activities. Outside groups who want to rent college facilities for other purposes should refer to SVC Policy 7020 Scheduling College Facilities Use.
2. Noncollege groups may use designated public use areas identified in this policy for expressive activity between the hours of 8am and 9pm on days that the college is open to the public.
3. Noncollege groups that seek to engage in expressive activity on the designated public use areas are encouraged to provide notice to the Campus Public Safety Office no later than forty-eight (48) hours prior to the event, along with the following information solely to ensure (i) the area is not otherwise scheduled and (ii) to give the college an opportunity to assess any security needs or potential disruptions of the educational mission:
   1. The name, address, email address, and telephone number of a contact person for the individual, group, entity, or organization sponsoring the event; and
   2. The date, time, and requested location of the event; and
   3. The nature and purpose of the event; and
   4. The type of sound amplification devices to be used in connection with the event, if any; and
   5. The estimated number of people expected to participate in the event.
4. Noncollege events shall not create a permanent presence on campus by leaving materials, signs, temporary or permanent shelters and/or structures.  

Distribution of Materials 

1. College groups may post information on bulletin boards, kiosks, and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus in accordance with SVC Policy 5750 Posting. Information may be distributed if it is not obscene, libelous, or advocating unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. 

Noncollege groups may distribute materials only at the site designated for noncollege groups.  

Trespass 

1. Noncollege groups or individuals who violate these rules, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the college president or designee to leave the college property. Upon such a request, the college will withdraw from those persons or group of persons the license or privilege to enter onto or remain upon any portion of the college facilities. Groups or individuals who have been requested to leave are subject to arrest under the criminal trespass provisions of chapter 9A.52 RCW or municipal ordinance.
2. When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the vice president of administrative services or designee within ten (10) days or receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the review period. The decision of the vice president of administrative services or designee will be the final decision of the college and should be issued within five business days.
3. Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office for action in accordance with established college policies.