600-27: Interim: Expressive Activities Held on UCSF Property

Free and open expression is a constitutional right under the First Amendment. For “Students,” free and open expression is particularly important to a rich educational experience at the “University of California.”

It is the policy of the University of California, San Francisco (“University” or “UCSF”) to ensure that the exercise of free and open expression on “University Property” is at all times conducted in compliance with First Amendment rights, with orderly and civil behavior that ensures public safety, and in a manner that does not disrupt University operations or damage University Property.

All individuals or organizations using University Property for Expressive Activities must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the University.

To provide clarity, relevant terms used in these policies and procedures are defined below.

1. Applicability

   These policies and procedures apply to all free speech and open expression events held on University Property, collectively referred to as “Expressive Activities,” including, but not limited to: assemblies, associations, demonstrations, debates, picketing, protests, rallies, and speeches.

   Lectures, seminars or other presentations conducted or organized by “Students,” “Employees,” or “Affiliates” within the scope of their studies, employment duties, or affiliation are, for the purposes of this policy, generally considered “University Business.” However, any activities with the potential for inciting behavior that could impede public safety, cause property damage, or disrupt University operations are not considered “University Business,” and thus are subject to Expressive Activities policies and procedures. 

2. Viewpoint Neutral

   It is the policy of the University to remain viewpoint neutral when making determinations as to what types of events constitute Expressive Activities and when charging event costs to Organizers.

3. Prevailing Policies and Procedures

   During an emergency, UCSF’s Police Department General Orders (See “Related Information” below) prevail should a conflict arise with these Expressive Activities Policies and Procedures.

   Should a conflict arise with any event-related UCSF policies or procedures, the requirements stated in these Expressive Activities Policies and Procedures prevail.

4. Policy and Procedures Exceptions

   These policies and procedures must be followed for all Expressive Activities held on University Property, unless the UCSF Police Department, the Expressive Activity Review Committee (Section C.4) or a “University Official” determines that a deviation is in the best interest of public safety and/or the orderly continuation of the University’s business operations.

1. Public Grounds, Limited-Public Grounds, and Special-Use Grounds
   1. Public Grounds

      1. It is the policy of the University that all persons, including non-affiliates, may exercise their right to hold or participate in Expressive Activities on the University’s Public Grounds, subject to the University’s “Time, Place, and Manner” restrictions (Section B). For the purposes of these policies and procedures Employees and Affiliates organizing Expressive Activities are considered non-affiliates, except when organizing University Business activities.

         A list of Public Grounds is in Attachment A.

      2. The University strongly recommends the use of Recommended Public Grounds, a subset of the University’s Public Grounds, for Expressive Activities. Furthermore, a University Official has the right to direct Expressive Activities to these Recommended Public Grounds whenever the University Official determines the use of these recommended areas is in the best interest of the University or event participants, in accordance with Time, Place, and Manner restrictions (Section B).

         A list of Recommended Public Grounds is in Attachment A.

         Although several city sidewalks surround or bifurcate University Property and may be used for Expressive Activities, these public areas are under the jurisdiction of the respective city (San Francisco, Fresno, etc.) and Organizers of and participants in Expressive Activities must comply with city rules and regulations, as applicable.

   2. Limited-Public Grounds – Advanced Notice

      1. The University extends the additional use of Limited-Public Grounds, including to non-affiliates, when requests are made in advance through an “Authorized University Office” and are approved by that Office (see Section C).

         A list of Limited-Public Grounds is in Attachment A.

   3. Special-Use Grounds – Advanced Notice
      1. The University will extend use of the University’s Special-Use Grounds to the University’s Students, when such requests for Special-Use Grounds are submitted in advance through an Authorized University Office and are approved by that Office. (Section C). Because freedom of expression is considered a part of a constructive learning and research experience, the University grants Students access to additional space on University Property, beyond what is extended to other populations for expressive activities.
         
         A list of Special-Use Grounds is in Attachment A.
          
      2. Students of the University who do not arrange their activities in advance and in accordance with Section C are restricted to using Public Grounds for Expressive Activities.

2. Time, Place and Manner Restrictions

   The University’s Time, Place, and Manner restrictions identified herein are consistent with individual constitutional rights, while also ensuring public safety and enabling the University to operate without disruption or physical damage.

   1. Time Restrictions
      1. No expressive activities can be conducted on outdoor Public, Limited Public, or Special Grounds between 9 pm and 6 am without prior approval through an “Authorized University Office.”
      2. Times for holding Expressive Activities in Limited-Public and Special-Use Grounds must be held in accordance with times[1] permitted by the Facility Operator and approved by the Facility Operator in advance.

   2. Place Restrictions

      Use of all University Property is subject to the following in and outdoor place restrictions:

      1. No person shall erect, build, construct, set up, establish and/or maintain unauthorized structures on University property, including but not limited to tents, barricades, fences, lean-tos, and shelters. 
      2. Activities may not take place in front of elevators, or at the top, bottom or on the steps or landings of stairways. Stairways and elevators may only be used to move from floor to floor and access cannot be blocked.
      3. No person shall restrict the movement of another person or persons by, among other means, blocking or obstructing their ingress or egress of roadways, walkways, buildings, parking structures, fire lanes, windows, doors or other passageways to university property, or otherwise denying a person access to a University facility or space.
      4. With the exception of the Kalmanovitz Library Forecourt, activities must be at least 50 feet away from University building entrances and external stairways (outdoor events), including the entrances and external stairs of University hospitals, clinics, and other types of patient-care facilities
      5. Activities may not impede patient drop-off and pick-up locations that may be at or near building entrances
      6. Activities may not restrict the free flow of pedestrian traffic such as by overcrowding or placing tables and stands on sidewalks
      7. Activities may not interfere with the ability of vehicles to enter or exit a roadway, or parking lots or structures
      8. Activities may not interfere with the ability of vehicles to drive with the normal flow of vehicular traffic

   3. Manner Restrictions

      The University will not tolerate acts of “Civil Disobedience” on University Property. To promote a safe, non-violent, and constructive environment, all persons participating in Expressive Activities on University Property are subject to the following manner restrictions. Since no safety list is completely comprehensive, University Police may impose additional safety measures.

      1. No person shall engage in any activity which endangers personal safety
      2. No person shall engage in, organize, or carry out unlawful activity
      3. No person shall engage in any activity which results in damage to personal or University Property or which violates the privacy and/or confidentiality of sensitive University records or information
      4. No person shall interfere with or disrupt normal University business, classes, patient care, healthcare, or any organized and authorized University activity inside or outside of a University Property
      5. No person shall erect or place a stationary structure or display larger than two feet in dimension on the Expressive Activities site.
      6. No person shall carry or transport signs, posters, placards or banners exceeding thirty inches (30") by thirty inches (30") in size or with handles or supports made out of non-wood material.[2]
      7. No person shall post or hang materials on university buildings or trees, or in a manner that blocks official University signage or results in property damage.
      8. No person shall block or impede access to any emergency alarm system(s)
      9. No person shall interfere or tamper with any part of any emergency alarm system(s)
      10. No person shall prevent participation by individuals with dissenting views.
      11. No person shall interfere with an individual’s wish to exit a forum where they do not wish to be, listen or participate for whatever reason
      12. No person shall disregard instructions given by a University Official acting in their official capacities
      13. No person shall use amplified or non-amplified sound in levels that are above reasonable or that are disturbing patients or neighbors at a given site.
      14. No person shall camp, set up or erect a campsite, or occupy a tent or other temporary housing structure on university property, unless specifically pre-approved.
      15. No person shall wear a mask or personal disguise or otherwise conceal their identity with the intent of intimidating any person or group, or for the purpose of evading or escaping discovery, recognition, or identification in the commission of violations of law or policy.[3]
      16. No person shall refuse to identify themselves while on university property to University officials who are acting in the performance of their duties in situations where assistance or intervention is needed. UCSF faculty, staff, and students must comply with UCSF Campus Administrative Policy 150-17: Identification Cards regarding requirement to wear identification badges while on campus.

      Notes regarding time and manner restrictions:

      • [1] Operating times for the various Limited-Public Grounds and Special Use Areas are set by the respective Facility Operator and published and updated on the Facility Operator’s respective website.
      • [2] Sign sizes and material requirements are consistent with sign requirements set forth in the Covenants, Conditions, & Restrictions of the Regents of the University of California Title V Division 10 Chapter 1 Sections 1000000-1000015:  Regulations Governing Conduct of Non-Affiliates in the Buildings on the Grounds of the University of California.
      • [3] Mask provision is consistent with requirements set forth in the Covenants, Conditions, & Restrictions of the Regents of the University of California Title V Division 10 Chapter 1 Sections 100013:  Prohibited Conduct.
3. Arrangements

   1. Use of Public Grounds Without Arrangements

      The University understands that many forms of Expressive Activities occur spontaneously. As such, advanced arrangements are not required to use Public Grounds. Although not required for use of Public Grounds, advanced notice is encouraged and procedures in Sections C.2/3. should be followed.

   2. Use of Limited- and Special-Use Grounds With Arrangements

      Reservations for use of Limited-Public Grounds or Special Use Areas (Students only) must be made through one of the Authorized University Offices listed below.

      All arrangements for services, such as, but not limited to, police, security, portable toilets, trash bins, and custodial services, must be coordinated through the applicable Authorized University Office, including for Expressive Activities organized by “Student Governments” or “Student Registered Campus Organizations.”

   3. Expressive Activity Types and Corresponding Authorized University Offices

      1. Student Governments or Student Registered Campus Organizations: Student Life
      2. Political or Governmental Expressive Activities: Government Relations
      3. Labor Relations Expressive Activities: Labor and Employee Relations
      4. All Other Expressive Activities, including Staff Registered Campus Organizations: Campus Life Services(Facilities Services or Office of Senior Associate Vice Chancellor)

      All individuals or organizations using University Property for Expressive Activities must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the University.

   4. Event Forms and Approval Process
      1. The appropriate Event Form must be submitted 10-calendar days in advance to the applicable Authorized University Office for review and approval of all Expressive Activities held in Limited Public and Special Use Areas (Students Only).
      2. There should be no expectations that requests for use of Limited-Public or Special-Use Grounds (University Students only) will be approved, especially if the request is submitted with fewer than 10-calendar days’ notice.
      3. Student Organizers must submit an Event Form through their Student Government or Student Registered Campus Organization in OrgSync for review and approval by UCSF’s Student Life.
      4. Non-Student Organizers must submit an Expressive Activity Event Form (Attachment B) to the applicable Authorized University Office (see C.3 above).
      5. It is the responsibility of Facility Operators to redirect individuals and organizations planning Expressive Activities to the appropriate Event Form and the Authorized University Office so that Expressive Activity logistics can be reviewed and approved in advance.
   5. Denials / Event Closures
      1. A request for use of Limited-Public and Special-Use Grounds (Student Only) may be denied by an Authorized University Office if the nature of the proposed event would be inappropriate or unsafe for the space requested or does not otherwise meet applicable policies and procedures, including Time, Place, and Manner restrictions.
      2. Should a scheduling conflict arise, the University will follow its space prioritization procedures (See “Related Information” below), which gives priority to use of University Property foremost to accommodate the University’s business needs.
      3. University Property may be used only for the intended purpose stated on the Event Form. If other activities occur, a University Official may cancel the reservation and close the event.

   6. Appeal Committee

      The University has established an Expressive Activity Review Committee to review applications that have been denied by an Authorized University Office to ensure that policies and procedures were applied in a reasonably consistent basis, ensured viewpoint neutrality.

      1. The Expressive Activity Review Committee is comprised of representatives from UCSF Police Department, Risk Management Services, Chancellor’s Office, Office of Diversity and Outreach, and the applicable Authorized University Office.
      2. Should an Authorized University Office deny the use of University Grounds for an Expressive Activity, a written appeal may be made to the Expressive Activity Review Committee within two business days of receipt of the denial. The Expressive Activity Review Committee will review the appeal and issue a written and final decision within two business days of appeal receipt, though the decision time frames may be extended for good cause and with notice to the parties.
      3. Under no circumstances may the Expressive Activity be held during the time a denial is being appealed or before resolution of the appeal.
4. Non-University Speakers
   1. “Non-University Speakers” without an invitation are only permitted to speak at an Expressive Activity on public grounds.
   2. An Expressive Activity that includes an invited Non-University Speaker on either Limited-Public or Special-Use Grounds (Students) is only permitted when arrangements have been made in advance as described in Sections C.2/3. No invitation may be made to a Non-University Speaker until all arrangement procedures have been followed and approvals received.
5. Costs for Grounds and Services

   1. Use of University Grounds is either free or fee based, depending on the type of University Ground being used (list below). If the Ground’s use is fee-based, all Expressive Activities organized by off-campus groups incur the same rate to use the University Ground, regardless of the viewpoint expressed. Student groups organizing Expressive Activities are eligible for the on-campus rate for the use of fee-based University Grounds; the on-campus rate also does not vary dependent on viewpoint.

      • Use of Public Grounds is free
      • Use of outdoor Limited-Public Grounds is free
      • Use of indoor Limited-Public Grounds is fee based*
      • Use of Special-Use Grounds varies in cost (from free to fee-based) depending on the space (per Facility Operators)

      * Rental rates for the various Limited-Public Grounds are set by each Facility Operator and published on the Facility Operator’s respective website. Operators update their rates from time-to-time, typically on an annual basis.

   2. Use of a University Service (porta potties, trash / recycling bins, chairs, etc.) is fee based and subject to change from time-to-time and depends on attendance size, location, event length, and set up (e.g., march, seated lecture). All Expressive Activities organized by off-campus groups incur the same rate for services, regardless of the viewpoint expressed. Student groups organizing Expressive Activities are eligible for the on-campus rate; the on-campus rate also does not vary dependent on viewpoint.
   3. The Servicing Department has responsibility for disclosing estimated costs for requested services, based on information submitted on the OrgSync Event Form or the Expressive Activities Event Form.
   4. The individual or organization has full responsibility for complying with all applicable payment procedures and deadlines, including but not limited to paying upfront for estimated costs associated with making the space reservation, where applicable. Failure to pay all upfront fees will result in the cancellation of the University facility reservation.
   5. Furthermore, the individual or organization has responsibility for all post-event costs, such as, but not limited to damages to facilities or University resources expended to remove event fliers not removed by the Organizer.
6. Security Review

   1. A security review by the UCSF Police Department is required for any Expressive Activity that is planned in advance. To conduct this review, an OrgSync Event Form or Expressive Activities Event Form (Section 3) must be completed in advance and submitted to the Authorized University Office (Section 2).

      Use of security and/or police services is based on an hourly rate, which is subject to change from time-to-time. All Expressive Activities organized by off-campus groups incur the same hourly rate for security or police services, regardless of the viewpoint expressed. Student groups organizing Expressive Activities are eligible for the on-campus group security or police hourly rate; the on-campus rate also does not vary dependent on viewpoint.

   2. Hourly rates for security and police are published on the UCSF Police Department website.
   3. Costs for security or police services will be the responsibility of the Organizer. If, however, the UCSF Police Department ascertains that a specific activity requires additional security or police personnel based on anticipated security concerns, such additional security or police costs will be borne by the University.
   4. The UCSF Police Department is solely responsible for the contracting, scheduling, and posting of any security or police personnel on University Property. Organizers may not contract with third-party providers of security or police services without advance approval from the UCSF Police Department.
7. Insurance
   1. To ensure protection of participants and University Property, Expressive Activities organized in advance by Student Government or Student Registered Campus Organizations must have insurance coverage in accordance with the University’s Risk Management program.
   2. Furthermore, Expressive Activities Organized in advance by non-affiliates also require insurance coverage in accordance with the University’s Risk Management program.
   3. Risk Management policies and procedures are referenced in “Related Information” below.
8. Posting
   1. Display of material on University Property including, but not limited to, advertisements, art, notices, flyers, posters, banners or literature may only be posted in designated areas.
   2. All promotional materials for Expressive Activities held on University Property shall include a disclaimer that makes clear that the activity is not sponsored by the University and must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the University.
9. Other Applicable Policies

   1. Compliance with University Policies and the Law

      All persons on University Property for any reason, including non-affiliates, are required to abide by University policies and procedures and applicable laws.

      1. To facilitate reading, potentially applicable policies and procedures are summarized in this Section I and/or listed in “Related Information” below. Even if a University policy or procedure is not summarized or referred to herein, compliance with all University policies and procedures is required.
      2. Violations of any of the policies and procedures outlined or referenced in this document may result in suspension of space use privileges.
      3. Violation of University policies may subject a person to possible legal penalties. If the person committing such a violation is a Student or Employee of the University of California, that person may also be subject to disciplinary action in accordance with University of California and/or UCSF policies including, but not limited to applicable collective bargaining agreements, Faculty Code of Conduct, and the University of California Policies Applying to Campus Activities, Organizations, and Students (PACAOS) with campus implementing regulations. (See “Related Information” below.)
   2. Fundraising
      1. Organizers of Expressive Activities held on University Property may not charge admission, unless approved in advance by an Authorized University Office and in accordance with the University’s Fundraising guidelines. (See “Related Information” below.)
      2. Furthermore, an Expressive Activity may not include the sales of promotional material, unless a sales permit has been approved by an Authorized University Office and issued in accordance with the University Fundraising guidelines. (See “Related Information” below.)
   3. Alcohol
      1. Possession of open containers of alcoholic beverages on the University’s Public Grounds is a violation of law and subject to prosecution. Alcohol may only be served in accordance with the University’s alcohol policies, which limits alcohol sale and consumption to specific locations and in accordance with guidelines that promote responsible behavior. (See “Related Information” below.)
   4. Open Flames and Serving of Food
      1. Use of an open flame during an Expressive Activity is prohibited. Any exception must be pre-approved in advance and in writing by the Campus Fire Marshal: https://ehs.ucsf.edu/fire-prevention.
      2. The serving of food to the public during an Expressive Activity is only permitted for events planned in advance and when Temporary Food Event Application has been approved by the department of Environmental Health & Safety: https://ehs.ucsf.edu/food-safety.

   5. Robinson-Edley Report

      The Robinson-Edley Report contains 49 best practices and is used as a guide by the UCSF Police Department when participants in an Expressive Activity choose to engage in Civil Disobedience or possibly violate laws and regulations.
      https://campusprotestreport.universityofcalifornia.edu/documents/implementation-report.pdf 

   6. Community Expectations

      To maintain UCSF’s status as a global leader in education, research, and patient care, UCSF is committed to building a broadly diverse community, nurturing a culture that is welcoming and supportive of all, and engaging diverse ideas. Individuals on University Property are expected at all times to uphold the principals and standards of UCSF’s Code of Conduct.

   7. Whistleblower Policy

      Individuals are encouraged to use the University Whistleblower Policy if they have a good faith belief that an activity has occurred or is continuing to occur that is not in compliance with federal or state law or University policy.

• Attachment A: University's Public Grounds, Limited Public Grounds, and Special-Use Grounds
• Attachment B: Expressive Activity Event Form

Codes of Conduct:

1. UCSF Campus Code of Conduct 
2. Faculty Code of Conduct 
3. Policy on Student Conduct and Discipline
4. UC Abusive Conduct in the Workplace
5. Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California

Other References:

1. UC Anti-Discrimination Policy
2. UC Diversity Statement 
3. University of California Policies Applying to Campus Activities, Organizations and Students (PACAOS) with UCSF Implementing Regulations (PACAOS) 
4. UCSF Social Media Policy and Best Practices
5. UCSF Police Department Policies & Procedures
6. Robinson-Edley Report 
7. UCSF Access Guidelines for Employee Organizations 
8. Space Prioritization Policies
9. UCSF Brand Identity 
10. University Support, Sponsorship, or Endorsement
11. Student Government and RCO Fundraising Guidelines 
12. Service of Alcoholic Beverages 
13. Higher Education Employer-Employee Relations Act (HEERA)