Ohio Admin. Code 3337-1-44 - Use of outdoor spaces
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/01-044.html
This policy establishes rules for the use of outdoor spaces on the university's campuses, including the Athens campus, regional campuses, centers, and extension campuses. University outdoor spaces are dedicated primarily for use by the university community for purposes consistent with the institution's mission and related teaching, learning, studying, research, academic, extracurricular and student life, administrative, and other supporting activities.
Outdoor spaces intended for vehicular transportation and parking, such as university-owned roads, garages, and parking lots, must be used solely for those purposes absent prior permission.
University outdoor spaces may be used by the university community and the public in accordance with this policy.
Uses may be subject to additional rules for particular locations and/or during certain times, which may be communicated by signage at the location (e.g., construction zones).
The following rules govern use of outdoor spaces on university campuses:
Outdoor spaces are generally available for use by the
university community and the public, with or without advance reservation or
notification, in accordance with this policy. For those
spaces requiring a reservation,
Determinations
determinations regarding reservations must be made
without reference to the content or
viewpoint.
The university has designated certain outdoor spaces
on the Athens campus that are available for
reservation by the university community and the public. See paragraph (C) of
this rule for additional information about reservable spaces.
A user who has reserved an outdoor space
is entitled to exclusive
has priority use of that space during the
reservation time as to any other non-official
use.
Unscheduled or conflicting uses of space during a reservation time may not be permitted, and individuals whose use conflicts with a scheduled use may be required to leave that area.
Additional reservation-related requirements may apply, such as reservation fees.
Amplified sound devices such as microphones, speakers, and bullhorns may be used in outdoor spaces, provided they are handheld and carried by the person using them. Amplified sound devices may not use the university's electricity, may not be freestanding, and may not be placed on any kind of support (e.g., stand table, stage, etc.) unless approved as part of a space request. All amplified sound is subject to regulation in accordance with paragraph (B)(5) of this rule.
Users may distribute literature, circulate petitions, and carry signs in outdoor spaces, so long as these activities are consistent with other provisions of this policy.
No signs, equipment, or other items may be taped or otherwise attached to and left on trees, bushes, light poles, permanent signs, retaining walls, or other structures, except in areas clearly dedicated to public posting of materials (e.g., public bulletin boards). This rule does not prohibit the use of hammocks and similar items, provided users do not damage vegetation and do not leave such attachments unattended.
As contemplated in this chapter, disruption is largely
dependent on context. Many factors may influence what
rises to the level of disruptive
constitutes disruption including but not limited to
size and configuration of the space, proximity to academic
or
,
administrative, or business functions,
; and number of
participants. Mere inconvenience is not a basis to abridge free
expression.
Outdoor spaces are generally available to the university community and the public for a variety of activities, including marches, demonstrations, rallies, public speech-making, picketing, protests, and similar assemblies. These events may be in spaces reserved in advance or spontaneous, and they may be loud and involve crowds of various sizes.
Determinations regarding disruption must be made without
reference to the content or viewpoint of any
expression associated with the activity. Activities in outdoor spaces that
substantially and materially disrupt or interfere with university activities
and operations are not permitted. For example, prohibited activities may
include blocking sidewalks, patios, pathways,
stairwells, elevators, escalators, and exterior building doors, sustained
loud noise directly outside a classroom or
office during business and class hours, and blocking university-owned roads
without permission. Blocking sidewalks, pathways,
elevators, doors, patios, service counters, door activators, or
otherwise impeding university efforts intended to assist with accessibility for
persons with disabilities in compliance with the Americans with Disabilities
Act of 1990 (as amended) is not permitted.
In general, disruption is defined as conduct that results in, or imminently threatens, the following:
In addition, disruption includes behavior that is not protected speech, including actual or imminent threat of violence, physical harm to individuals, or violation of an occupancy limit, building code requirement, or other statute, regulation, ordinance, or legal requirement, and damage to university or other personal property. OUPD is legally obligated to make the final determination in resolving issues of public safety.
The determination whether an activity has become disruptive as defined above generally will be made by the Ohio university police department, in consultation with the academic or administrative managers responsible for the space and other appropriate university officials depending on the facility and circumstances at issue.
Engagement with students
people
involved in free expression, when appropriate, reflects the university's
educational mission to foster an environment of open discourse, debate, and
learning. For example, leaders and representatives of academic units, the
division of student affairs, diversity and inclusion, and event services may
engage with participants to encourage constructive dialogue depending on the
facility and circumstances of the demonstration.
University officials should maintain protocols for responding to demonstrations and engaging constructively with participants - especially students - when safe and appropriate.
Users of outdoor spaces must take
care
shall not to cause damage to the
university's property or leave behind trash and other items. If this
occurs, clean-up and damage fees and costs may be assessed on the responsible
individuals and groups. The university is not
responsible for any personal property brought onto the premises and assumes no
liability for lost, stolen, or damage personal property.
All food uses by university
departments, offices and student organizations must comply with relevant office
of environmental health and safety regulations and with policies 47.010 and
47.015.
Use of alcoholic beverages is
prohibited in outdoor university spaces, except in accordance with policy
24.001.
For the safety of persons and
property, open flames of any kind require advance premission.
Camping is prohibited.
Events occurring between eleven p.m.
and seven a.m. are prohibited unless approved in advance.
Absent prior written approval from the university,
no person may erect tents or other structures requiring stakes, poles, or
similar attachments in outdoor university spaces, given the presence of
underground utilities and other infrastructure.
\ Requests will be evaluated according to
security, safety, and logistical considerations by event services
the executive director of event services in
consultation with OUPD; the major events
committee; and other appropriate university officials, including regional campus dean's, if on a regional campus.
Requests must be submitted in advance of the potential event.
Overnight camping or overnight
outdoor sleeping of any kind is prohibited without prior
permission.
Any proposed commercial activity will be
Users who intend to sponsor events on the Athens campus that
are expected to utilize several university resources
(e.g., parking and transportation services, facilities, event services, etc.)
and/or draw two hundred or more people should
are encouraged
to review policy 01.030 and to
contact the university's major events committee to facilitate the event. "Major
Events" typically include, without limitation,
concerts, charity races, and other produced events, but
not spontaneous protests. Users who intend to sponsor such events on the
regional campuses should contact the appropriate regional campus deans
office..
Several outdoor spaces are available for advance reservation
through event services, or if on a regional campus,
through the regional campus dean's office. To reserve a space and make a
reservation, contact event services or the appropriate
regional campus dean's officeat least
twenty-four hours in advance of the planned event. Other event
services reservation requirements and fees may apply.
The reserveable outdoor spaces on the
Athens campus are described on the event services website, along with corresponding boundaries and specific usage
rules. Reservable outdoor spaces on a regional
campus are available from the appropriate regional campus dean's
office.
In extraordinary circumstances, the
executive director of event services, in consultation with the vice president
for student affairs and affected departments
the university may grant one-time exceptions to any provisions of this policy
in accordance with policy 01.003 (exceptions to or
restrictions of university policies). Decisions to grant or deny
exceptions may not be based on the expressive content, message or viewpoints
viewpoint
of the proposed activity.
This policy does not apply to the university's official use of its outdoor spaces for university programs and events. The university's official use of its outdoor spaces always has priority over other uses.
Any person who violates this policy may be subject to an order
to leave the property or area, institutional discipline (for employees and
students), and/or arrest and prosecution in
circumstances when the violation constitutes a crime.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/01-044.html
Notes
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01
Prior Effective Dates: 09/08/2018, 02/23/2023
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