Personal tools
Navigation
Tools

Difference between revisions of "Free Expression Tunnel Policy"

From Appalachian State University Policy Manual

Jump to: navigation, search
(→‎Revision Dates)
(Update per Wendy Hildebran.)
Line 1: Line 1:
 
Policy 405.1
 
Policy 405.1
  
−
== Introduction ==
+
== Purpose ==
−
1.1 The walls and ceilings of the pedestrian tunnels under Rivers Street are a University venue for use by students to communicate their messages and information to those passing through the tunnels. Such students should understand that the primary purpose of the tunnels is to provide safe passage across Rivers Street for members of the University community and others (including campus visitors, families and children, persons attending campus events, etc.). The use of the walls and ceilings as a venue for communication is clearly secondary to that primary use and function.
+
1.1 The purpose of this policy is to designate and outline parameters for a Free Expression Tunnel on the property of Appalachian State University (the “University”).
  
 
== Scope ==
 
== Scope ==
−
 
+
2.1 This policy shall apply to all persons seeking to paint in the Free Expression Tunnel.
  
 
== Definitions  ==
 
== Definitions  ==
 +
'''3.1 Free Expression Space-''' Space designated for the freedom of individual expression on Appalachian State University property.
  
−
== Policy and Procedure Statements ==
+
== Policy Statements ==
−
=== Regulation/Censorship of Messages ===
+
=== Designation ===
−
4.1.1 Although the University encourages students to recognize the interests of all those who use the tunnels and to keep their messages and artwork appropriate to all tunnel users, the University generally will not regulate or censor the content of the expression painted in the tunnels. Nonetheless, students should understand that some forms of expression (e.g., obscenity, defamation, fighting words, harassment), because of their "nonspeech" elements, are not constitutionally protected and may in fact be "constitutionally proscribable." See, e.g., R. A. V. v. City of St. Paul, 505 U.S. 377, 382-86, 390-92 (1992). Thus, students may be sanctioned if they paint words or visual depictions on the tunnel walls or ceilings that violate applicable law or policies. Federal law prohibits, among other things, harassment. State law for purposes of this Policy is North Carolina law potentially applicable to expressive conduct, both common law (including, but not limited to, the law of defamation and infliction of emotional distress) and statutory law, including, but not limited to: N.C.G.S. § 14-190.1 (obscene literature and exhibitions); N.C.G.S. § 14-190-13 (definitions for certain offenses concerning minors); N.C.G.S. § 14-190.14 (distributing material harmful to minors); N.C.G.S. § 14-190.15 (disseminating harmful material to minors); N.C.G.S. § 14-288.4 (disorderly conduct); N.C.G.S. § 14-144 (defacing buildings); N.C.G.S. § 14-132 (disorderly conduct in and injuries to public buildings and facilities); N.C.G.S. § 14-145 (unlawful posting of advertisements); N.C.G.S. § 14-159.13 (second degree trespass); N.C.G.S. § 14-394 (anonymous threatening or disgrace-causing writings); and N.C.G.S. § 14-35 (hazing). Violations of law or University policy may subject the violator(s) to judicial sanctions and/or sanctions under the Code of Student Conduct.
+
4.1.1 The tunnel identified as “Free Expression Tunnel” is designated as a Free Expression Space (the “Free Expression Tunnel”).
−
 
+
−
=== Limitation of Messages ===
+
−
4.2.1 All painting must be limited to the walls within the tunnels and the tunnel ceilings and cannot extend to the walls going up the steps, the flooring or steps themselves, the railing, or the areas beyond the tunnels. Your assistance is requested in addressing the issue of vandalism on campus in the form of painting or tagging. If you observe groups or individuals engaging in this illegal activity outside of the tunnel, please contact University Police at 262-2150. Students should understand that painting the tunnel does not insure sole access to its use for a period of time and others may indeed paint over your information. We request that groups whenever possible respect the work of others. Please be advised that should students or others engage in conduct that violates law or University policy, they may be held accountable through the University judicial processes or external judicial processes.
+
−
 
+
−
=== Rules ===
+
−
#Painting is ONLY permitted on the tunnel walls and tunnel ceiling under Rivers Street.
+
−
#Painting IS NOT permitted on the floors, steps, railing, walls leading out of the tunnels, or the areas outside of the tunnels.
+
−
#Light fixtures within the tunnel are not to be painted.
+
−
#Painting the tunnels DOES NOT insure the display of your artwork or announcements for a specific period of time, and others may paint over what you have painted.
+
−
#Although students painting the tunnels are encouraged to recognize that various individuals (including families with children) utilize the tunnels and try to make information appropriate to all, the University generally will not regulate or censor the content of the expression painted in the tunnels.
+
−
#Painted materials (written or otherwise) that violate law or University policy are not permitted, and such violations may subject those responsible to judicial sanctions and/or sanctions under the Code of Student Conduct.
+
  
−
== Additional References ==
+
=== Painting ===
 +
4.2.1 The surface of the Free Expression Tunnel may be painted between the designated signs stating “No painting beyond this point.” Painting is not permitted on the floor or ceiling of the tunnel, on the tunnel lighting, or on the security cameras in the tunnel. No painting will be allowed at any other location on Appalachian State University’s campus. The aforementioned restrictions do not apply to painting projects approved by University Facilities.
  
−
== Authority ==
+
4.2.2 There is no restriction regarding painting over the sections of the tunnel that other individuals or groups have painted in designated areas – no matter how recently they have been painted. Individuals and groups should use courtesy and common sense when selecting an area of the tunnel to paint.
  
 +
=== Enforcement ===
 +
4.3.1 Groups and individuals violating this policy may be responsible for any restoration costs (i.e., paint removal, cleaning, removal of residual substances, etc.) to the property.
  
−
== Contact Information ==
+
4.3.2 Groups or individuals violating this policy which also results in the defacement of public property may be criminally charged pursuant to applicable North Carolina General Statute and/or referred to the Office of Student Conduct.
−
7.1 Persons who believe that materials painted in the tunnels violate law or policy may contact Mr. JJ Brown, the Associate Vice Chancellor and Dean of Students at 262-2060. While this will not necessarily result in a university response, it will help keep University administration informed of potential violations.
+
  
−
7.2 Please contact the Center for Student Involvement and Leadership (262-6252) for further information.
+
== Administrative Unit Contact ==
 +
:Student Affairs
 +
:[https://studentaffairs.appstate.edu/ Student Affairs]
 +
:828-262-2060
  
−
== Original Effective Date ==
+
== History ==
 +
:Issued: June 19, 2024
 +
:Approved: June 24, 2024
  
−
== Revision Dates ==
 
−
:December 1, 2009
 
−
:November 9, 2010
 
 
[[Category:Contents]]
 
[[Category:Contents]]
 
[[Category:Students]]
 
[[Category:Students]]
 
[[Category:Miscellaneous Student Policies]]
 
[[Category:Miscellaneous Student Policies]]

Revision as of 20:18, 25 June 2024

Policy 405.1

1 Purpose

1.1 The purpose of this policy is to designate and outline parameters for a Free Expression Tunnel on the property of Appalachian State University (the “University”).

2 Scope

2.1 This policy shall apply to all persons seeking to paint in the Free Expression Tunnel.

3 Definitions

3.1 Free Expression Space- Space designated for the freedom of individual expression on Appalachian State University property.

4 Policy Statements

4.1 Designation

4.1.1 The tunnel identified as “Free Expression Tunnel” is designated as a Free Expression Space (the “Free Expression Tunnel”).

4.2 Painting

4.2.1 The surface of the Free Expression Tunnel may be painted between the designated signs stating “No painting beyond this point.” Painting is not permitted on the floor or ceiling of the tunnel, on the tunnel lighting, or on the security cameras in the tunnel. No painting will be allowed at any other location on Appalachian State University’s campus. The aforementioned restrictions do not apply to painting projects approved by University Facilities.

4.2.2 There is no restriction regarding painting over the sections of the tunnel that other individuals or groups have painted in designated areas – no matter how recently they have been painted. Individuals and groups should use courtesy and common sense when selecting an area of the tunnel to paint.

4.3 Enforcement

4.3.1 Groups and individuals violating this policy may be responsible for any restoration costs (i.e., paint removal, cleaning, removal of residual substances, etc.) to the property.

4.3.2 Groups or individuals violating this policy which also results in the defacement of public property may be criminally charged pursuant to applicable North Carolina General Statute and/or referred to the Office of Student Conduct.

5 Administrative Unit Contact

Student Affairs
Student Affairs
828-262-2060

6 History

Issued: June 19, 2024
Approved: June 24, 2024
Retrieved from "https://policy.appstate.edu/index.php?title=Free_Expression_Tunnel_Policy&oldid=12929"