I. Policy Statement
The mission of the University of Puget Sound (“Puget Sound” or “university”) is to develop in its students capacities for critical analysis, aesthetic appreciation, sound judgment, and apt expression that will sustain a lifetime of intellectual curiosity, active inquiry, and reasoned independence. In support of this mission, the university is and must be a site for the free expression of ideas. Respectful debate, civil discussion and thoughtful deliberation may not be suppressed because the ideas put forth are thought by some or even most members of the campus community to be offensive or unwise. It is not the proper role of the university to attempt to shield individuals from ideas and opinions they find uncomforting, disagreeable, or offensive.
The university respects and champions the right of all members of its campus community to explore and to discuss questions that interest them, to express opinions publicly and privately, and to join together to demonstrate their concern by orderly means. The university will respect and defend free inquiry and the exchange of criticism and ideas, and expects all members of the campus community to show due respect for the opinions of others. The university recognizes that assemblies, protests and demonstrations can be a necessary and acceptable means of expression in the Campus Community. Membership in the Campus Community obliges each person to respect the right of others to express differing opinions, to insist on intellectual honesty, to promote free inquiry, and to participate in that community with fairness, integrity and respect for others. Consistent with this obligation, it is the policy of the university to protect the right of voluntary assembly, to make its facilities available for peaceful assembly as described herein, to welcome guest speakers, and to protect the exercise of these rights from material disruption or interference. Assemblies, protests and demonstrations become unacceptable when they obstruct the exchange of ideas or materially disrupt or interfere with the essential operations of the university. Such disruption or interference inhibits speech and acts as a form of censorship, irrespective of who initiates it or the reasons for it.
The university also respects the right of each member of the Campus Community to be free from coercion, defamation, and harassment. Discouraging and addressing conduct that is materially disruptive or incites violence or harm to people or property does not threaten academic freedom or the exercise of free expression; it is, rather, a necessary condition of its very existence. The expression of dissent and the attempt to produce change should not be carried out in ways which impede the functions of the university, injure individuals, damage institutional facilities or disrupt classes or other Essential Operations of the university. Therefore, the university will not allow conduct on its premises that materially disrupts its operations.
This Policy is adopted to expand upon the university’s Statement on Academic Freedom and the Exercise of Free Speech and complement other campus policies, codes, and standards related to speech and expression. In the event of a conflict, this Policy shall govern.
II. Coverage
This Policy applies to all members of the Campus Community.
Those who are not current members of the Campus Community have no right or entitlement to speak or engage in expressive activity on University Premises without the university’s approval or agreement, and they may be removed at any time regardless of whether they are creating a Material Disruption.
III. Definitions
Assembly: See “Event” below.
Campus Community: Current faculty, staff members, students, and trustees of the university.
Demonstration: See “Event” below.
Disorderly Conduct: Intentionally or recklessly engaging in a violent, forceful, obscene, dangerous, threatening, or intimidating conduct, or inciting others to engage in such individual or collective conduct that:
- Willfully inhibits the academic pursuits or educational activities of others; or
- Willfully infringes on the rights, privacy, or privileges of others.
Disruptive Conduct: Intentionally or recklessly engaging in conduct or inciting others to engage in conduct that creates or results in a Material Disruption.
Essential Operations: The essential operations of the university encompasses:
- Accessibility for students, staff, and faculty to all university facilities, buildings, walkways, streets, and hallways that they are authorized to access, including allowing for safe entrance to and emergency evacuation from university buildings, facilities, walkways, streets, and hallways.
- Activities performed by university faculty, students, staff, vendors, or volunteers to maintain the integrity, security, and/or safety of university infrastructure, property, and systems.
- Campus events – specifically, the right of faculty, students, staff, and guests to attend or access campus events including, but not limited to: athletic events, guest lecturers or speakers, and musical or theater performances.
- Educational activities for students and faculty during instructional periods, including, but not limited to: classes, laboratories, lectures, experiential learning, and rehearsals.
Event (also referred to as “Assembly, Protest and Demonstration”): A planned event by an Event Sponsor(s) to peaceably assemble members within or outside of the campus community (or both), in order to advocate as a group for a particular position or cause. Such events encompass protests, demonstrations, marches, rallies, sit-ins, picketing, and vigils or any other similar activity at a campus location.
Event Sponsor: A member of the Campus Community, or a university department, unit, or recognized group who takes responsibility for organizing, planning, and directing an Event. In the event that a group is the Event Sponsor, the head of the department/unit or the founder(s)/leader(s)/advisor(s) of the recognized group are responsible for assuring compliance with all relevant university policies and procedures and accountable for any violations.
Excessive Noise: Intentionally or recklessly causing excessive noise that:
- Substantially inhibits the academic pursuits or educational activities of others; or
- Substantially infringes on the rights, privacy or privileges of others.
Good faith: Acting with honesty or sincerity of intention based on the information reasonably known or available at the time.
Material Disruption: Any activity that has the effect of:
- Intentionally and substantially interfering with the Essential Operations of the university; or
- Improperly restraining or restricting freedom of movement, speech, assembly, or access to premises or activities by any individual who is a member of the university community or guest of the university or of any of its organizations in connection with that individual’s performance of legitimate activities or duties within or at the university; or
- Intentionally hindering or infringing upon the rights of others, including but not limited to, the ability of others to attend, see, hear, speak, access, or participate in campus events or activities; or
- Intentionally intimidating or materially threatening the safety of persons or property.
University Premises: University owned and controlled grounds, buildings, and/or vehicles.
IV. Peaceable Assembly and Free Expression on Campus
A. Time, Place, and Manner
The university’s Statement on Academic Freedom and the Exercise of Free Speech outlines its approach to determining appropriate time, place, and manner of speech and expressive activity on University Premises, including Assemblies, Protests and Demonstrations.
More specifically, the university’s Essential Operations must not be materially disrupted. All activities must be conducted in a peaceable manner:
- Threats of force, use of force, use of intimidating tactics, incitements to violence, and unwelcome physical contact are all prohibited.
- Assemblies, Protests and Demonstrations must not block access to the venue in which another event is being held.
- All building occupancy limits, fire safety regulations, and other applicable laws must be followed.
- Individuals or groups, including Event Sponsor(s), may not seize control of a classroom, lecture, debate, public forum or directly or indirectly prevent a speaker from speaking for one’s own purposes, even if for a short period of time.
- Individuals or groups, including Event Sponsor(s), may not enter, occupy, or use any university space, room or facility without authorization or in a manner not permitted by the standard rules or policies governing use of that space.
- Refusal to leave a university facility when requested by a university official is considered unauthorized use of that space.
- Individuals may be required to provide proof that they are members of the Campus Community.
- No weapons or open flames are permitted, except open flames that have been approved in advance for a specific event by the Office of the Provost, Marketing and Communications, or the Division of Student Affairs in consultation with Facilities Services and Security Services.
- The university may restrict or prohibit the use of outdoor amplification equipment.
- The university may restrict or prohibit the building/assembling of any structure on campus, including tents or other encampment structures.
- Organizers must remove all items and materials upon the activity’s conclusion.
B. Engaging in Peaceful Assembly, Including Protests and Demonstrations
Acts of peaceful assembly, including Protests and Demonstrations, are permitted at the university, under the conditions that follow, with the university reserving the right to restrict behaviors that directly interfere with or materially disrupt Essential Operations. All Events are subject to oversight as described in Section IV.C, below.
Any Event requires that the Event Sponsor(s) must notify Security Services in advance of the Event, meet with Security Services in advance to develop a safety plan for the Event, and follow any other guidelines or procedures adopted by the university.
C. University Oversight of Events
Security Services and/or other appropriate university administrators and/or outside law enforcement will be present at any Event as determined reasonably necessary to monitor the Event. Such monitoring is intended to assure that the university’s requirements are met, to implement any approved safety plan as appropriate, to help avoid interference with the Event, to help avoid injury or destruction of property, and to avoid any Material Disruption of Essential Operations. A university representative may ask those involved to relocate to an alternate location or modify their activities otherwise to not interfere with the rights of others, including the right to listen or participate in the campus event or Essential Operation. Individuals or groups, including Event Sponsor(s), who fail to comply with such requests violate this Policy and may be subject to additional action.
V. Violations
Any action or communication that violates this Policy, any other university policy, standard, or code, or federal, state, or local law is prohibited. In such circumstances, the university will attempt to resolve the violation(s) informally if appropriate and possible; however, the university reserves the right to take any steps necessary to assure the safety of the campus and its Community Members, which may include ending the Event.
Members of the Campus Community engaging in materially disruptive action or disorderly conduct may be subject to losing privileges for facilities/space use and/or disciplinary action, up to and including expulsion or separation.
Members of the Campus Community and other persons may also or instead be charged with violations of law.
In addition, parties and/or person(s) may be held financially responsible for violations of this Policy that result in damages to university property. Charges will be based on the labor and materials needed to address the damage by Facilities Services.
VI. Effective Date
This policy is effective as of September 12, 2024.
VII. Related Statutes, Regulations, and Policies
- Code of Conduct
- Faculty Code
- Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct
- Political Activity and Lobbying Policy
- Staff Corrective Action Policy
- Statement on Academic Freedom and the Exercise of Free Speech
- Student Integrity Code and Procedures
- Violence Prevention Policy
- Weapons on Campus Policy
- Tacoma Noise Ordinance (see Alcohol & Drug Policy)
Policy Owner:
Division of General Counsel and Risk Management
Division of Student Affairs
Policy Contact: generalcounsel@pugetsound.edu; dos@pugetsound.edu
Date Adopted: September 12, 2024 (Executive Committee of the Board of Trustees)
Date Last Reviewed: September 12, 2024
Date Last Revised: N/A