Policy on Free Expression and Demonstrations

I.    Purpose
In furtherance of Marist's strategic goal to empower the Marist community to explore, learn, find and pursue their passions, develop their voices, and lead through the creation of a dynamic campus culture, Marist supports the expression of different points of view and the right to peaceful demonstration. To help maintain a campus environment where members of the Marist community can safely pursue their endeavors free from disruption, the following policy is applicable to demonstrations and protests.

II.    Scope
This policy applies to all demonstrations, protests, and other similar expressive activity conducted on any Marist-owned or operated property, including but not limited to Marist's academic and residential buildings in Poughkeepsie, New York and Marist's facilities in Florence, Italy (collectively, the "Campus").  

III.    Definitions

A.    "Demonstrations" are defined as the presence of one or more persons on campus with the intent to express a particular point of view in a manner that attracts attention, including but not limited to protests, rallies, sit-ins, vigils, marches, encampments processions, or similar forms of expression.
B.    "Protest" means a public demonstration of opinion undertaken to attract attention. This includes but is not limited to verbal expression, signs and displays, and body occupying a particular space.
C.    "Freedom of expression" means the right to engage in peaceful protests and demonstrations.
D.    "Peaceful" and "non-disruptive" demonstrations are those conducted in compliance with federal and state rules and regulations as well as the College's policies and procedures, which are not disruptive of academic and educational processes or the normal operations of the College, and do not create conditions that may jeopardize the safety of others and institutional property.   
E.    "Counter-protest" means a demonstration held in protest of another simultaneously occurring demonstration.

IV.    Policy

A.  General Terms
Marist College is committed to allowing lawful and peaceful demonstrations on its Campus. Freedom of expression is a cornerstone of intellectual inquiry and debate, and allows our diverse community to express a wide range of concepts, ideas, and opinions in pursuit of knowledge.  Freedom of expression does not, however, extend to conduct that threatens the safety of the College community, infringes upon the rights of others, disrupts the education of Marist students, causes property damage, or devalues individual dignity through harassment, retaliation, or abuse of any kind. Such conduct violates Marist’s community standards and the spirit of free and open discourse.  

Demonstrators who engage in an on-Campus demonstration may not obstruct access to the College's facilities, disrupt normal College operations, or force cancellation or interruption of classes, meetings, or authorized events. Additionally, on-Campus demonstrators must comply with all applicable federal, state, and local laws and ordinances, as well as other applicable College policies.

Considerations of Time, Place and Manner 
The College reserves the right to modify the time, place, or manner of a demonstration when there is a reasonable expectation that it may threaten safety, suppress others' rights to speech, or disrupt the education of students, such as by interfering with the ability of others to see, hear, or participate in another event, class or academic activity. 

Examples of conduct that will require modification include but are not limited to:
1.    Blocking access to Campus facilities or activities or impeding traffic.
2.    Utilizing signs made of hard materials other than cloth, cardboard, or large items.
3.    Using bullhorns or other amplified sound-making devices inside of buildings or outside of buildings in a manner that interferes with indoor academic instruction or College events.
4.    Using temporary structures such as tents, scaffolds, bleachers, and inflatables.
5.    Violating the College's community standards.

Successful Demonstrations Require Planning and Accountability
To ensure that demonstrations can be successfully executed in accordance with this policy and do not threaten the safety of or unduly disrupt the rights of other campus constituents, students are expected to provide written notice to the College via the Dean of Students or the Vice President of Diversity, Equity, and Inclusion, faculty to the Provost, and staff to the Vice President of Human Resources a minimum of three (3) business days in advance of the demonstration.  Such advance notice is required to allow the College to make any necessary plans and accommodations to provide for the safety and security of the Marist community, and to respond to the demonstration organizers with information regarding reasonable time, place, and manner considerations in a timely fashion, no later than 48 hours after notification.

In addition to the above notice requirement, any demonstrations that contemplate inviting outside speakers to Campus must also comply with Marist's Policy on Speakers at Public Events.  

Banners, Placards and Signs 
Banners, placards, and signs generally are allowed so long as they are not dangerous to others, do not significantly impede the participation of others in usual College activities and operations, or are otherwise prohibited by Marist policies or regulations. If the use of banners, placards, or signs is dangerous or significantly impedes the participation of others, College officials may require the individuals carrying the banners, placards, or signs to move to a different location, adjust, or remove the materials.

B.  Prohibited Acts
The following acts are prohibited during demonstrations and protests: 
1.    Using speech, written expression, or conduct that threatens or harasses a specific person or group, including hate speech and threats based on race, ethnicity, religion, sex, gender, disability, age, or other protected status.
2.    Any inciting of violence or commission of violent acts.
3.    Placing the health and/or safety of any member of the College community or guest at risk. 
4.    Bringing torches, weapons, or other hazardous items on Campus.
5.    Coercing members of the community to accept promotional materials.
6.    Occupying public spaces for prolonged periods without permission or denying or obstructing free access for others to such spaces. 
7.    Engaging in theft, vandalism, or other property damage.
8.    Cutting, painting, or marking trees, chalking buildings or other structures, or the use of Campus trees or structures to display signs. 
9.    Using physically intimidating tactics or unwelcome physical contact between demonstrators, counterdemonstrators, audience members, speakers, or College officials. 

C.  Violation of Policy
If any conduct is found to be violative the Policy, a designated College official will address the conduct, and demonstration organizers and participants will be required to stop the offensive conduct. Behavior that continues to violate the Policy will be addressed as appropriate, including application of any appropriate disciplinary action.

D.  Demonstrations Involving Members of the Public
Marist College is a private institution, and as such may require members of the public who are not currently faculty, staff, or students to leave College property. Failure to comply may result in an arrest for unlawful trespass or other criminal violations. Members of the College community who invite members of the public onto Campus are responsible for informing such guests of the College policies and procedures and will be held accountable for the actions of their guests.