Freedom of Expression Policy

Purpose

As a private, Catholic, Marianist university, the University of Dayton is committed to a learning and living environment that welcomes robust and diverse dialogue while respecting the dignity of every person in thought, word and action.  This Policy establishes parameters to help balance expressive activity in its various forms with the University’s commitment to maintain a welcoming community for all.

Scope

All University of Dayton faculty, staff, students and visitors.

Policy History

Effective Date:  August 7, 2024

Approval: August 7, 2024

Policy History: 

• Approved in its original form: August 7, 2024

Maintenance of Policy:  Provost and Executive Vice President for Academic Affairs, Office of the Provost; Vice President for Student Development, Student Development, and Vice President for Human Resources, Office of Human Resources

Policy

1.  Introduction

As an institution of higher education and a community of responsible inquiry, the University of Dayton strives to create an environment in which its members, working in a scholarly manner, are free to evaluate the strengths and weaknesses of their work, the work of others, and the trends in our society. The University constantly seeks truth and knowledge in its mission to improve the world. As such, the University respects the principles and responsibilities of academic freedom and encourages the open exchange of ideas.    

At the same time, the University strives to be a place where all are welcome, respected and supported. As a Marianist University, we are called to live and work together in community. Accordingly, the University invites robust civil discourse and expressive activity in the family spirit, characterized by openness, respect, integrity and dialogue. This Policy establishes parameters for such expressive activity.  

As used in this Policy, “expressive activity” refers to communication of ideas (including by social media that is subject to the University’s Social Media Guidelines), demonstrations, assemblies, peaceful protests, and any other activity convened or undertaken, whether individually or as a group, to express viewpoint and/or promote the open exchange of ideas. Any expressive-activity event, meeting, demonstration, protest or rally is governed by this Policy, regardless of how it is characterized or labeled.  

2.  Overarching Principles

Only members of the University of Dayton community may organize or lead a demonstration, peaceful protest or other expressive activity on campus. Such events are presumed to be private, that is, limited to members of the University community, unless specifically approved to be otherwise.

Events held and/or speakers invited (and approved) under this Policy do not represent the views of the University. Event planners and participants – including speakers – cannot attribute their speech to the University, unless they are spokespersons for the University acting within that capacity. Event planners / sponsors (including organizations) and participants remain responsible for their own actions as well as the actions and behavior of their attendees.  

3.  Student Demonstrations and Peaceful Protests

Students (including officially recognized student organizations as well as other student organizations, centers, groups, etc.) desiring to organize an expressive activity such as a demonstration or peaceful protest must schedule that event in advance (on the timeline specified in Appendix A) through the Center for Student Involvement (CSI), but note that if a speaker is part of the event (per Section 3.d of this Policy), then they require scheduling and approval farther in advance (on the timeline specified in Appendix A). CSI will establish parameters for the event addressing items listed in Appendix A that are relevant to the activity, including the specific location on campus, and organizers should communicate those parameters to all participants prior to the event. The event organizers and participants must:

a.  Comply with all parameters set by CSI;

b.  Comply with the Student Code of Conduct;

c.  Comply with this Policy; 

d.  If inviting an external (non-faculty/staff/student) speaker to present at or otherwise be part of the event, obtain prior approval for that speaker consistent with the Guest Speaker Request Approval Process found in CSI’s Student Organization Resource Guide; and 

e.  If the event is sponsored by a recognized student organization, the organization must be able to carry it out within the limits of organization’s budget, with the organization’s advisor’s approval and compliant with any other organizational guidelines. If the event is not sponsored by a recognized student organization but rather by students acting in their individual capacity, then they must personally fund the activity.  

f.  If the event is sponsored, organized or otherwise hosted by a student group that is not an officially recognized student organization, they must work with an authorized University employee and follow the procedures outlined in Appendix B (the employee is bound by Section 4, yet the students involved are still subject to the provisions in this Section 3).  

4.  Expressive Activity by Units, Departments and Centers

Faculty and staff desiring to organize an expressive activity such as a demonstration, peaceful protest, rally or comparable event must do so by following the procedures established within their respective reporting lines and applicable University policies (e.g., Use of Facilities and Address Policy, among others), and also address the steps required in the approval process referenced in Appendix B, which includes obtaining the written approval of their requisite dean or vice president, and the unit’s budget manager. Any faculty or staff member organizing and receiving the requisite approvals for such an event under this Section must at all times act in good faith and in a manner reasonably believed to be in or not opposed to the best interests of the University. Any communications about such an approved expressive activity event must identify it clearly as sponsored by the particular unit (so as to distinguish it from a University-wide event). Additionally, all other provisions of this Policy apply (with the exception of Section 3, which applies to students).  

5.  Expectations of Community Members Engaged in Expressive Activity

Community members engaged in expressive activity encompassed (whether as organizers or as participants, and regardless of whether faculty, staff or students) by this Policy:

a.  Must comply with all applicable federal, state and local laws;

b.  Must comply with all other applicable University policies, guidelines and handbooks, including but not limited to the Distribution or Sale of Materials and Solicitation of or by Employees Policy; Fair Responsible and Acceptable Use of Electronic Resources Policy; “Flyers, Posting and Signage Policies” set forth in the Student Organization Resource Guide (if a student event); Nondiscrimination & Anti-Harassment Policy; Policy Prohibiting Illegal, Fraudulent, Dishonest & Unethical Conduct; Political Activities Policy; Public Art on Campus Policy; Social Media Guidelines; the Student Code of Conduct (if a student); Temporary Signage Guidelines; the Policy on Use of Facilities and Address; and Violence in the Workplace Policy;  

c.  Must follow the directives of Public Safety, local or state officials (including but not limited to law enforcement), and/or other University officials relevant to an event;

d.  Should treat others with respect, consistent with the University’s Statement on Dignity and the ideals set forth in the Commitment to Community; 

e.  Should conduct themselves in a peaceful and orderly way; 

f.  For any music being played as part of the event, ensure that the music aligns with the values and mission of the University, i.e., that it be “radio friendly” and contain no lewd behavior, profanity, or material that degrades the dignity of others; and

g.  Expect University personnel, including members of UD’s Department of Public Safety, to be present for all or part of the event. This presence is often necessary to help ensure organizers’ own rights are protected and the University’s regular operations and activities are not obstructed or disrupted. In their discretion, University representatives may film, photograph or record elements of the event. The presence of University personnel should not be viewed as an effort to deter or otherwise interfere with planned demonstrations or other expressive activity.

h.  Continue to fulfill their responsibilities to the University (i.e., an individual’s participation in the expressive activity should not interfere with their obligations as an employee or student).

6.  Limitations of Expressive Activity

Community members engaged in expressive activity as contemplated by this Policy, in so doing, may not:

a.  Compromise public safety, including engaging in, advocating or threatening violence to self or others in any way, or otherwise endangering or imminently threatening to endanger the safety or health of any member of the University community;

b.  Impede the free movement of people or vehicles;

c.  Block building entrances, corridors, stairways, doorways, and other points of ingress or egress;

d.  Damage University or others’ property;

e.  Interfere with University operations, i.e., obstruct or disrupt the regular conduct of teaching, research, business, or other activities, including but not limited to the activities of groups who have previously reserved particular space;

f.  Interfere with others’ peaceful and lawful use of University facilities, programs and other resources, including anyone’s quiet enjoyment of their living space;

g.  Use University resources to engage in expressive activities that constitute political campaign activity (see the University’s Political Activities Policy);

h.  Use University branding or resources in such a way as to imply the University’s endorsement of the views expressed during the activity;

i.  Serve as a front for an external group or organization;

j.  Involve the use of items that are, or could be used, as weapons (e.g., sticks, poles, etc.); 

k.  Engage in expression that is indecent, grossly obscene, or grossly offensive, whether on the basis of protected class status or in light of the University’s identity as a Catholic, Marianist institution;  

l.  Include overnight expressive activities, e.g., encampments or overnight demonstrations. Unauthorized overnight activities will be considered trespassing and addressed by Public Safety;  

m.  Erect structures, barriers, sculptures, or other objects on University property without prior written permission from the Vice President for Facilities Management & Planning;  

n.  Prevent the speaker(s) from expressing their views (e.g., creating a “heckler’s veto”) or otherwise engage in activity that prevents other members of the community from hearing or seeing any speaker(s);

o.  Harass or intimidate any individual or group on the basis of protected class as such as defined in the University’s Nondiscrimination & Anti-Harassment Policy;

p.  Harass, intimidate or bully others, even if not on the basis of protected class;

q.  If indoors, engage in the activity beyond the close of normal business hours for the particular space or the approved time, whichever is earlier; 

r.  Violate the law, any applicable regulations (including fire or safety-related) or applicable University policy; 

s.  Defame a specific individual; 

t.  Post videos or recordings online that capture any music played at the event; 

u.  Project light displays on University facilities without prior approval; 

v.  Jeopardize, in the judgment of the University, the University’s identity or reputation as a Catholic, Marianist institution of higher education; 

w.  Create a volume of noise that prevents members of the University community from carrying on their normal activities; the use of any amplified sound devices (e.g., horns, speakers) is strictly prohibited (unless a speaker system is specifically approved in advance); or

x. Place an undue burden on the University’s finances, facilities, or other resources.  

7.  Limitations on Policy Scope

To the extent that appointment letters, confidentiality agreements, professional conduct standards / licensure requirements, or other applicable standards regulate conduct that may include speech and expression, they are not superseded by this Policy. This Policy is not meant to interfere with or supersede existing space management processes related to curricular space (e.g., classrooms, labs, research). This Policy also does not prescribe or supersede existing guidelines for faculty management of non-public curricular programming.  Nor is this Policy meant to impinge upon the appropriate exercise of academic freedom, particularly in the classroom and with respect to scholarly and research activities (where faculty continue to have access as appropriate to the Faculty Hearing Committee on Academic Freedom and Tenure and that committee’s processes). Further, this Policy does not intend to interfere with any rights of individuals consistent with applicable law.  

8.  Catholic Identity

The University understands that some expressive activity may support and defend positions that differ from Catholic Church teaching. The University expects these to be conducted in a responsible fashion, open to questions and challenges from community members, and to acknowledge and not disparage Church teaching. If the University believes an expressive activity presents a serious risk of violating these principles, then the University may impose provisions and restrictions on the activity, including stopping the activity altogether.  

In some instances, the University may determine it is important to offer a perspective in accordance with the University’s Catholic, Marianist identity, if the subject matter of an expressive activity is clearly contrary to the teachings of the Catholic Church. Such perspective may be incorporated into the event itself or offered at another time and place. 

9.  Other Guiding Principles

The University in its sole discretion may from time to time designate portions of its facilities for expressive purposes, such as art galleries or other comparable venues. The University may also require a statement be made as part of any expressive activity to communicate that the activity does not reflect the views or position of the University, e.g., “The views presented are solely those of the author (speaker) and do not represent the views of the University of Dayton; the University neither supports nor opposes the views, organizations and/or individuals within the provided remarks.”  Further, the University may from time to time establish additional or different restrictions regarding expressive activity, whether based on time, manner or place, or otherwise. Violations of this policy may result in employee or student discipline, depending on the identity of the community member.

Reference Documents

1. Commitment to Community
2. Distribution or Sale of Materials and Solicitation of or by Employees
3. Fair Responsible and Acceptable Use of Electronic Resources Policy
4. Nondiscrimination & Anti-Harassment Policy
5. Policy Prohibiting Illegal, Fraudulent, Dishonest & Unethical Conduct
6. Political Activities Policy
7. Public Art on Campus Policy
8. Social Media Guidelines
9. Statement on Dignity
10. Student Code of Conduct 
11. Student Organization Resource Guide
12. Temporary Signage Guidelines
13. Policy on Use of Facilities and Address
14. Violence in the Workplace Policy