Expressive Activity Policy

SAM HOUSTON STATE UNIVERSITY
MEMBER THE TEXAS STATE UNIVERISTY SYSTEM

Expressive Activity Policy EA-1

1. Definitions

   1. Amplified sound is sound volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound but are subject to general rules on disruption/noise violation.

   2. Antisemitism in this policy means a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities.
      
      

   3. Disruptive activities mean:

      1. Obstructing or restraining the passage of persons to the campus or an area of the campus or to an exit, entrance, or hallway of any building without the authorization of the SHSU administration;

      2. Seizing control of an area of the SHSU Campus or any building or portion of a building for the purpose of interfering with any administrative, educational, research, or other authorized activity; or

      3. Disrupting and/or preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by the SHSU administration. A lawful assembly is disrupted when a person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or a reasonable fear of force or violence.

   4. Expressive activities means any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include commercial speech.

   5. Grounds means all common outdoor spaces on any SHSU University Campus, including The Woodlands and the College of Osteopathic Medicine campuses.

2. Disruptive Activities Prohibited

   The university strictly enforces the TSUS Rules and Regulations’ prohibition of disruptive activities (see Chapter VI, Subparagraph 5.4 and Chapter VII, Subparagraph 3.7) on the SHSU Campus. Any person who violates the prohibition will be subject to any remedies provided by law and the TSUS Rules and Regulations, including, but not limited to, removal from campus, the student or employee disciplinary process, or criminal prosecution.

3. University Grounds – Designated Traditional Public Forums

   1. Chapter VII, Subparagraph 3.1 of the TSUS Rules and Regulations designates all University grounds as traditional public forums. Any person may engage in expressive activities on university grounds, subject to federal and state laws, and reasonable time, place, and manner restrictions.

   2. Restricted University Grounds

      In order to ensure access to and egress from university buildings for their intended educational purpose, the outdoor areas within a ten feet circumference of university facilities, including walkways and breezeways, are reserved solely for university educational or research activities at all times, including, but not limited to:

      • Lowman Student Center (LSC) Courtyard – The LSC Courtyard is located by the west entrance of the LSC and adjacent to the LSC Atrium and outdoor artwork. It provides outdoor programming space and open dining).

      • University Camp

      • University Residence Halls

      • Sam Houston Memorial Museum (except for the Gazebo)

      • The Bearkat Course

      • Gibbs Ranch

      • Ron & Ruth Blatchley Bell Tower
        
        

      • All SHSU Parking Lots and Garages

   The Administration, including University Police, may increase the circumference restriction as necessary solely to protect the health and safety of the campus community or to preserve access to campus buildings or facilities.

   Individuals may utilize the areas specified in Section 5 of this policy for expressive activities.

4. Speech, Expression, and Assembly

   The following time, place, and manner restrictions shall apply to all expressive activities on university grounds:

   1. Expressive activities must not at any time interfere with or disrupt the academic mission of the university.

   2. No table, tent, or equipment associated with an expressive activity may block or interfere with the means of entrance or egress to any SHSU building, facility, or classroom.

   3. All tables and chairs must remain within the reserved space for the duration of the activity.

   4. Use of amplified sound must comply with the restrictions contained in the Amplified Sound section of this policy.

   5. Some areas of the university may be reserved by off-campus groups. Fees may apply.

   6. Improper use of any university equipment or policy may result in loss of reservation and use privileges.

   7. Expressive activities must follow the Campus Fire & Safety and Risk Management policies and procedures.

5. Reservations

   Outdoor areas (grounds) are available for reservation, but not required:

   1. Frank Parker Plaza is the open, outdoor space situated on the south side of the Lowman Student Center between the Lowman Student Center and the Lee Drain building, as depicted. It extends in length from the east near the Sam Houston statue and to the west toward the Ron & Ruth Blatchley Bell Tower.

   2. Old Main Pit– Old Main Pit is considered the outdoor sunken area North of Austin Hall and Northwest of Peabody Memorial Library.

   3. Walker Education Gazebo– The Gazebo by Walker Education Center is located at the corner of Avenue O and 19th Street and is part of the Sam Houston Memorial Museum Complex.

      Reservations are made through the Lowman Student Center by a representative of the sponsoring organization. Reservations may be denied if the activity is scheduled at the same or similar time as another University function or meeting.

6. Amplified Sound

   Use of amplified sound is permitted subject to the following:

   1. Location:

      Use of amplified sound is permitted only in reserved areas and with an approved LSC reservation.

   2. Reservation:

      An amplified sound request must be made in conjunction with a LSC reservation request for Frank Parker Plaza, Old Main Pit, and Walker Education Gazebo.

   3. Hours:

      Amplified sound for Frank Parker Plaza and Old Main Pit is permitted during the hours of 8:00 a.m. to 10:00 p.m., Monday-Friday. Amplified sound for Walker Education Gazebo is permitted during the hours of 8:00 a.m. to 2:00 p.m., Monday – Friday.

   4. Equipment:

      All events using amplified sound in the permitted areas are required to use the LSC sound system. No personal speakers or sound amplifiers (manual or electronic) will be permitted.

   5. Frequency:

      Organizations are allowed one (1) amplified sound event per week. Only one (1) amplified sound event at a time is permitted in each designated area.

   6. Volume:
      
      All sounds levels will be set by the LSC based on class and campus activities schedules and are not to disrupt the academic mission of the university. 

7. Off-Campus Speakers

   1. Only recognized student organizations, faculty, or staff may request authorization to invite an outside speaker to speak on campus. Off-campus speakers who have not been sponsored or invited by a recognized student organization, faculty, or staff or by the SHSU administration may not speak to groups in campus facilities and buildings unless the speaker is speaking to an off-campus organization that has been approved under the procedures provided in Chapter VII, Subparagraph 3.24 of the TSUS Rules and Regulations. No invitation shall be issued to an outside speaker without the prior written concurrence of the Vice President of Student Affairs, the Dean of Students, or designee.

   2. Any speaker request shall be made in writing to the Vice President of Student Affairs, the Dean of Students, or designee by an officer of a recognized student organization, faculty, or staff, or by an administrative officer of the Component, desiring to sponsor the proposed speaker no later than fourteen (10) business days prior to the date of the proposed speaking engagement. This request shall contain the name of the sponsoring organization; the proposed date, time, and location of the meeting; the expected size of the audience; and the topic of speech. Any request not acted upon by the Vice President of Student Affairs, the Dean of Students, or designee within five (5) business days after submission shall be deemed granted.

8. Banners, Exhibits, and Chalking

   1. Recognized student organizations, faculty, and staff may hang banners or posters, affix yard signs, and display exhibits on campus by reservation through the LSC. Banners, posters, yard signs, and displays may not be affixed, in any way, to campus trees for any purpose.

   2. Outside groups or individuals are not permitted to hang banners or posters, affix yard signs, or display exhibits on any campus property.

   3. Chalking (use of chalk to write on SHSU property) is strictly prohibited.

9. Violations/Reporting

   1. Student violations and grievance procedures are governed by the Student Grievance Procedures.

   2. Employee violations and grievance procedures are governed by Human Resources.

   3. Employee violations and reporting can also be submitted to the Office of Internal Audit. 

10. Disciplinary Process

    1. Students who violate this policy will be subject to appropriate discipline under the SHSU Student Code of Conduct.

    2. SHSU employees who violate this policy will be subject to appropriate discipline under Human Resources.

    3. SHSU faculty who violate this policy will be subject to appropriate discipline under Chapter V, Paragraph 4 of the TSUS Rules and Regulations. 

11. Educational Programs

    1. SHSU has created an Expressive Activity website for education about this policy and other useful resources. The university will review the policy no less than annually to ensure compliance with applicable laws and the TSUS Rules and Regulations.

    2. Educational training shall be available upon request and conducted no less than annually for recognized student 0rganizations.

    3. The Dean of Students’ Office shall provide an annual notice to the university community regarding First Amendment protections related to free speech (Expressive Activity) via email and post this policy on the SHSU Expressive Activity website.

Revised June 2024