UPPS No. 07.04.05
Issue No. 6
Effective Date: 9/29/2014
Next Review Date: 2/01/2018 (E4Y)
Sr. Reviewer: Associate Vice President and Dean of Students
This policy establishes Texas State University procedures relating to activities involving amplified sound, exhibits, and erecting symbolic structures in outdoor areas of the San Marcos and Round Rock campuses in a manner that adheres to the university’s policies and procedures.
Freedom of inquiry and discussion is basic and essential to intellectual development. However, these freedoms must be exercised in a manner that does not illegally derogate the rights of others or interfere with the academic programs and administrative processes of the university. The grounds of the university are limited public forums, subject to such reasonable time, place, and manner restrictions as provided in the Texas State University System Rules and Regulations, Chapter VII, section 3.1.
Special Designated Areas - Areas where amplified sound, symbolic structures and exhibits may be used or displayed within the time, place and manner specified by university policies. Special designated areas on the San Marcos and Round Rock campuses include:
The Quad, being the pedestrian area from the Fighting Stallions statue in front of Derrick Hall to the LBJ statue in front of the Comal Building on the San Marcos campus;
the mall (paved area) between the Alkek Library and the LBJ Student Center on the San Marcos campus. This does not include the Alkek Library breezeway;
Bobcat Trail located between the university Academic Services Building and Evans Liberal Arts Building on the San Marcos campus and
the mall (grassy area) located on the south side of the Avery Building on the Round Rock campus.
Dean - The dean of Students or designee.
Assembly Activities Involving Amplified Sound, Exhibits and Symbolic Structures - Assembly activities that do not include commercial messages.
Significant University Interests - These include:
maintaining security, health, and safety for persons and property on campus;
preserving an academic atmosphere (classes meeting in their settings should not be disrupted; quiet is necessary in areas assigned for study; social, recreational, and developmental programs and other university activities should not be disrupted);
protecting the privacy of students, faculty, and staff;
controlling pedestrian and vehicular traffic so that free movement is permitted and so that free entry and exit from university facilities are permitted;
protecting persons on campus from crime and preventing unlawful activities on campus;
preserving the beauty of the university’s grounds, buildings, and facilities;
maintaining the campus, buildings, and facilities to sustain a clean, orderly, and appealing appearance and avoiding unnecessary and harmful wear and tear on buildings, grounds, and facilities;
preserving the architectural character of important and historic university buildings;
protecting persons on campus from deception, fraud, and commercial exploitation; and
eliminating unnecessary costs and waste of university resources.
Student, Faculty, and Staff Employee - Registered student, faculty, and staff organizations.
Symbolic Structure - A physical object that is intended to convey a particular message. Symbolic structures may be props and displays, such as coffins, crates, crosses, cages and statues; furniture and furnishings, such as desks, tables, bookcases, and cabinets; shelters, such as tents, boxes, shanties, and other enclosures; and other objects. Persons may not inhabit, sleep in, camp in, or use a symbolic structure as a shelter, unless approved by the dean.
Exhibit - A display that is intended to convey a particular message, which may include posters and signs, or furniture and furnishings, such as desks, tables, boxes, and other objects.
PROCEDURES FOR USING SPECIAL DESIGNATED AREAS
Persons must have the use of amplified sound during assembly activities approved through the office of Student Involvement @ LBJSC because its use is restricted to special designated areas on the San Marcos and Round Rock campuses (see Outdoor Events with Amplified Sound Request).
The university will not interfere with an assembly activity unless it infringes upon a significant university interest.
Persons who desire to erect a symbolic structure or exhibit must adhere to the following time, place and manner restrictions when erecting and maintaining symbolic structures or exhibits:
the person desiring to erect the symbolic structure or exhibit must provide a written proposal at least 10 business days before erecting the symbolic structure or exhibit to the office of Student Involvement @ LBJSC;
The office of Student Involvement @ LBJSC may deny a request if the structure or exhibit will pose a threat to the health or safety of the persons or property on campus, would conflict with another scheduled activity in the area, or would infringe upon a significant university interest;
persons may erect and maintain the symbolic structure or exhibit for up to two weeks if:
the person desiring to maintain the symbolic structure or exhibit beyond the two weeks submits a request for an extension at least three business days before the end of the two-week period to the office of Student Involvement @ LBJSC; and
The office of Student Involvement @ LBJSC may grant an additional five days beyond the two-week period if space is available;
a person that erects a symbolic structure or that has an exhibit is responsible for maintaining it in a safe manner and in a manner that does not infringe on a significant university interest;
persons who erect a symbolic structure or has an exhibit assume full responsibility for the structure, including all injuries or hazards that may arise from the structure. The university shall not be liable for any damage that may occur to the structure, and any person or organization sponsoring the structure shall indemnify the university for any claims arising from the structure’s presence on campus.
Persons who erect symbolic structures or exhibits must remove them each day no later than 10 p.m. and may re-erect them each day no earlier than 7 a.m. Overnight structures or exhibits will be considered on a case-by-case basis.
The dean may impose other reasonable time, place, and manner restrictions on the requested use as deemed appropriate. These restrictions include, for example, requiring that the structure or exhibit be moved for a period of time, changing the structure’s location, and requiring the person requesting the structure to purchase liability insurance that names the university as an additional insured.
REVIEWERS OF THIS UPPS
Reviewers of this UPPS include:
|Associate Vice President and Dean of Students||February 1 E4Y|
|TSUS Associate General Counsel||February 1 E4Y|
|Director, LBJ Student Center||February 1 E4Y|
|Associate Director, Student Involvement @ LBJSC||February 1 E4Y|
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Associate Vice President and Dean of Students; senior reviewer of this UPPS
Vice President for Student Affairs