Clarification of Policies related to Use of Facilities and Outdoor Spaces by RSOs
This information is intended to clarify and reinforce University of Missouri policies as they relate to use of facilities and outdoor spaces by Recognized Student Organizations (RSOs) in the context of free expression events. Individuals affiliated with the University have the right to protest and counter-protest, following University policies as stated below. Individuals do not have the right to remove or deface another organization’s displays, posters or chalking messages, even if they fundamentally disagree with the content.
The University of Missouri Business Policy and Procedures Manual includes information about how students, faculty and staff may utilize university facilities and grounds. Recognized Student Organizations may schedule space for events through the Office of Reservations and Events. As noted in the policy:
The University is committed to protecting the rights of expression, assembly, protest, and dissent and to making its facilities and grounds available for these activities. Protecting impromptu and spontaneous assembly for the purpose of expression, protest, and dissent is essential to fulfilling this commitment. Thus, the lack of a reservation to use space is not a basis for terminating any expressive activity, including impromptu activities, unless the protest or assembly conflicts with a previously scheduled event in the same location, is being held in any of the restricted locations noted below, or is identified as engaging in one or more of the prohibited behaviors described below.
This policy is further discussed here: https://freespeech.missouri.edu/faqs/
If someone else has previously reserved a space for an activity, another group seeking to use the space at the same time cannot do so. The other group can relocate its activity or can use the scheduling procedure of the rule in order to acquire priority for the use of a public space. The policy provides contact information to assist those who wish to reserve campus spaces such as classrooms, rooms at the MU Student Center and Memorial Union, Mizzou Recreational Spaces, and outdoor locations such as Francis Quadrangle and Traditions Plaza.
In situations where one group wishes to protest an event held by another group, it is important to recognize that “Counter-demonstrators also have a right to assemble and protest. This includes a right to be present at a demonstration and to voice displeasure with demonstrators. Counter-demonstrators, however, are not allowed to physically disrupt the event they are protesting.”
University policies also state:
- Behaviors such as defacing a sign, assaulting or threatening to assault a speaker, or assaulting or threatening to assault a member of the audience are never appropriate. These kinds of behaviors are serious matters and may violate state or federal law, or both. https://freespeech.missouri.edu/principles/#common
- Defacing or erasing of existing chalking is prohibited by anyone other than the person or organization who did the chalking, except that University facility and maintenance personnel are allowed to clean and wash sidewalks, plazas, and other outdoor areas at any time in the course of their usual and ordinary campus maintenance activities. Chalking that violates federal or state law is prohibited, unless such chalking is protected by the rights of free speech and expression as set forth in the U.S. Constitution or the Constitution of the State of Missouri. https://bppm.missouri.edu/policy/chalking-on-campus/
- The University will not discriminate or place content-based limitations on what may be posted in areas where posting is allowed, except that the University has the authority to restrict certain spaces and certain bulletin boards to posting of certain kinds of materials. https://freespeech.missouri.edu/principles/
Violations or non-compliance behaviors https://bppm.missouri.edu/policy/use-of-facilities/
- Violations by students will be handled through the University’s disciplinary system administered by the Office of Student Accountability & Support. Violations by staff will be handled through the process set forth in the existing Human Resources Policy. Violations by faculty will be handled through rules applicable to faculty conduct.
- In the event of non-compliance with an instruction to modify or terminate behavior that violates this Policy and that also may violate state or federal law, the University official may enlist the assistance of MUPD. When the assistance of MUPD is obtained, MUPD has a responsibility (a) to declare unlawful behavior to be in violation of law, (b) to request all persons engaging in the behavior to cease and desist or be subject to arrest and/or University disciplinary action, (c) to arrest any persons observed to be in violation of law who do not cease and desist, and (d) to enlist the assistance of outside law enforcement agencies, if necessary.
- Prompt compliance with instructions of a University official or of MUPD shall be a mitigating factor in any disciplinary proceedings based upon the immediate conduct to which the instructions refer, unless the violators are found to have caused or intended to cause injury to person or property or to have demonstrated willfully in an impermissible location.
Thank you,
Lauren VanNess (she/her/hers)
Coordinator, Student Organizations
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