Freedom of Expression & Assembly Policy & Procedures

 

PURPOSE

The State University of New York (SUNY) respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. SUNY values the free expression of ideas and supports individuals’ right to assemble.

SUNY Downstate Health Sciences University (SUNY Downstate) promulgates this Policy to provide meaningful opportunities for members of our community to express their views and to ensure that the time, place, and manner of such expression does not interfere with the safety and security of our campus community or disrupt the regular operations of the campus.

SCOPE

This content-neutral Policy is applicable to all SUNY Downstate students.

This policy operates in concert with the SUNY Downstate Campus Events and Demonstrations Standards and Procedures, located on our web site.

POLICY

SUNY Downstate students are guaranteed the rights of free inquiry and expression. Subject to applicable content-neutral policy, students are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies—including, but not limited to, protests, demonstrations, rallies, vigils, marches, and picketing—within the designated public areas of campus grounds and buildings.

SUNY Downstate designates the following as public areas for the purpose of peaceful and orderly assemblies: SUNY Downstate Grove (located outside the Health Science Education Building {395 Lenox Road} at the corner of New York Avenue and Lenox Road).

SUNY Downstate will not interfere with orderly assemblies in designated public areas of grounds and buildings unless participants engage in any of the following:

1. 1. Conduct that prevents the orderly administration of classes, lectures, meetings, interviews, ceremonies, and other campus events or University operations;
   2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;
   3. Engage in conduct that could foreseeably cause injury or damage to persons or property;
   4. Operation of audio amplification equipment in a manner that conflicts with normal SUNY Downstate operations or that is deemed injurious to health and safety, or that is in violation of New York State or City of New York laws and/or ordinances;
   5. Constructing or erecting structures, whether or not they are anchored, inclusive of screens and/or objects requiring penetration in concrete or grass, or camp on SUNY Downstate grounds without authorization from the Office of the President or their designee. Any and all indoor and outdoor encampment is strictly prohibited on the SUNY Downstate campus;
   6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches;
   7. Assemblies lasting more than one (1) day, duration not to exceed 12 hours in a one (1) day period, and assemblies between the hours of 10:00PM and 8:00AM are strictly prohibited;
   8. Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
   9. Activities that violate the provisions of the SUNY Downstate Campus Events and Demonstrations Standards and Procedures;
   10. Activities that violate the provisions of any other applicable campus policy, including but not limited to the Rules of Student Conduct, SUNY Downstate Posting Polices, etc.

 

In addition, the following activities are strictly prohibited:

1. 1. Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other SUNY Downstate area that is not authorized, without permission;

1. 2. Occupation of a building after it is normally closed, including the Student Center and administrative buildings; and

1. 3. Obstruction of any roadways running through or adjoining the SUNY Downstate University’s campus grounds.

All individuals participating in protests and demonstrations are required to complete a Permission for Use of Campus Facility Form with a SUNY Downstate and/or  or government issued identification upon request from a SUNY Downstate  official as part of the application process

SUNY Downstate takes compliance with this policy very seriously. Students should expect that violations of this policy will result in disciplinary action under SUNY Downstate’s Rules of Student Conduct, up to and including interim suspension, suspension, and expulsion.

 

PROCEDURES

SUNY Downstate respects and supports students’ efforts to exercise their rights to free speech and assembly. The Division of Student Affairs has designated the Office of Student Life to provide the appropriate support for the successful implementation of these events. Following SUNY Downstate’s procedure will ensure a safe and effective assembly activity.  SUNY Downstate will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized SUNY Downstate business, activities, or events.

 

Services: To help ensure the safety of participants and the protection of the rights of all members of the campus community, SUNY Downstate can provide and may require services be assigned to events sponsored by registered student organizations, potentially at the organization’s expense, such as location, safety, crowd control, sound equipment (unless prohibited in certain areas as per SUNY Downstate  rules), site preparation/cleanup, and/or other such facilities or services it deems necessary (“Services”).

Request for Services

1. For assemblies where the need for Services is reasonably foreseeable, event organizers shall, within five (5) business days prior to the planned event, submit a written Request for Services, as follows:

1. 1. The written request should contain the name of the sponsor/organizer, the proposed location and any other Services sought, the date and time of the planned assembly, and the number of persons expected to participate.
   2. The request should be submitted to: The Office of Student Life.
   3. A designated staff member from the Office of Student Life will promptly respond to the request for Services after receipt of the written request but no later than three (3) business days prior to the proposed date of the planned event.
   4. A designated staff member will review the request and work with the sponsor/organizer to accommodate requests and determine a reasonable time, place, and manner for the assembly activity.
   5. While every attempt will be made to accommodate all requests, some modifications to the assembly activity request may be required due to the availability of the proposed time and place of the activity. A Student Life designated staff member will inform the sponsor/organizer of these modifications and provide guidance as the assembly activity is planned.
   6. In the event that the proposed assembly activity is planned in direct response to a current event, the Office of Student Life realizes that it may not be possible to submit a request in advance. In such cases, the event organizer should contact the Office of Student Life as soon as possible in order to promptly coordinate the assembly activity, where reasonably possible.

2. No Services Required: Assemblies requiring no Services, or for which the need for Services is not reasonably foreseeable or necessary as described above, may take place with three (3) business days of prior notification to the Office of Student Life by the sponsors and/or organizers. However, conformity with the specific SUNY Downstate rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact the appropriate office designated in sub-paragraph (1)(c) above for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to discipline.

 

Last Updated: August 9, 2024