Q&A

UB clarifies its time, place and manner policies related to free speech and assembly on campus. Here’s what you need to know.

UBNOW STAFF

Published August 22, 2024

At UB, freedom of speech and expression are central tenets of the university.

As a public institution dedicated to upholding the First Amendment, UB recognizes the fundamental right to express differing viewpoints and respects the right to peacefully assemble and protest. The university is also committed to ensuring a safe, welcoming, orderly and inclusive environment for all students, faculty, staff and visitors.

To that end, in preparation for the start of the fall semester, UB, through guidance from the SUNY Office of General Counsel, has drafted clarifying time, place and manner operational language for UB’s assembling and camping policies, and has drafted a new posting policy.

For example, the clarifying draft assembly policy emphasizes that assembling must not violate the provisions of the Rules for the Maintenance of Public Order of the SUNY Board of Trustees. Additionally, the university has clarified its camping policy reiterating UB’s commitment to maintaining a safe and healthy campus environment and explicitly prohibiting encampments or camping of any form. UB has also proposed new rules for posting flyers on campus.

Draft policies currently under review:

Pursuant to the longstanding UB process, the university has initiated the 30-day comment and review period for new and revised campus polices. The draft policies have been shared for formal review with the university’s policy review group, including representatives from the Student Association, Graduate Student Association and Faculty Senate. The UB community is invited to share feedback with the policy review group during the 30-day comment period.

In the interim, these updated and clarified policies — while still in the 30-day comment period — will serve as time, place and manner guidance. The draft policies are subject to additional revisions that may be proposed at the conclusion of the comment and review period.

The following is a short Q&A addressing some of the proposed changes and clarifications.

Protesting, picketing or assembling at UB was previously subject to time-of-day limitations. Has that changed?

Yes. After feedback from the university community, UB has drafted clarifying policy language that removes any reference to specific time limits on assemblies or demonstrations.

Instead of enforcing a specific end time for demonstrations, the university is emphasizing safe, peaceful and orderly assemblies on campus that abide by the rules set forth by the SUNY Rules for the Maintenance of Public Order.

That means no interference with entrances to buildings or the flow of pedestrian and vehicular traffic on campus. That also means lawful assemblies in outdoor public spaces are permitted, so long as demonstrations do not disrupt classes, lectures, events, meetings or the operation of university business.

To further ensure demonstrations do not disrupt the learning, living and working environment of the university community, UB will consistently enforce the rule that prohibits the use of amplification equipment of any kind during campus protests.

So, does this mean campus protesters will be allowed to set up encampments?

No. Just as it was prohibited under previous policy, camping is not allowed on campus.

UB clarified its policies specifically to prohibit any indoor or outdoor camping sites so as to “maintain a safe and healthy campus physical environment for all students, faculty, staff, alumni and visitors.”

The university will intervene if there is evidence of any attempt to establish “temporary or permanent living space” on campus other than inside UB residence halls and apartments.

SUNY rules also make clear that no person or demonstrator may enter into and remain in any campus building for any purpose that obstructs its authorized use.

UB proposed a new posting policy. Can student clubs and organizations still post flyers promoting their events and activities on campus?

Yes, but they must follow the time, place and manner rules in the policy.

The new draft policy will allow UB to manage the abundance of flyers, letters, banners, announcements, posters and leaflets posted throughout campus.

Postings will no longer be permitted on walls, doors, windows, trees, poles, bus stops, elevators and other UB property, but instead limited only to designated, general-use bulletin boards on campus.

Postings promoting a campus activity, event, program or meeting must clearly indicate the sponsoring club and organization, along with the name, phone number and email address of a contact person. The posting must also indicate if an event is not affiliated with UB.

UB reserves the right to remove the posting if the rules are not followed.

The new policy also prohibits:

Promoting events that advertise drugs, alcohol or violate the UB Student Code of Conduct.
Covering up or taking down someone else’s posting.
Multiple copies of the same postings on the same bulletin board.
Chalking on campus buildings, sidewalks and roads.
Unauthorized projections on campus facilities.

Is UB updating its mutual aid policy?

Yes. The university is meeting with faculty, staff and student leaders across the university to discuss development of a new policy to guide the use of outside law enforcement agencies to aid University Police in maintaining law and order, ensuring the continuity of university operations and preserving the peace and safety of the university community. A draft policy will be shared with UB’s policy review group and the university community when it is available, per UB’s policy approval process.