Grounds and Facility Use Policy

SLT 10.4

Policy Statement

Pursuant to Article VIII of the Michigan Constitution of 1963, Grand Valley State University (“the University”) has the responsibility to serve as a public institution of higher education. To carry out this Constitutional mandate, the University owns and/or controls property and facilities. The University has established the following grounds and facility use policy to ensure the University’s educational mission is actualized, while allowing for the exchange of ideas, protecting University property, prohibiting a hostile environment, and ensuring that the University’s operations are not materially or substantially disrupted.

This policy applies to all buildings, grounds, and other spaces owned or controlled by the University.

University property is primarily dedicated to academic, student life and administrative functions. To prevent these University functions from being interrupted, GVSU must regulate use of certain facilities and locations. These facilities and locations are sometimes referred to as forum. (Forum Identification Chart) These are venues for Expressive Activity, including speeches, demonstrations, and the distribution of literature, as provided by this policy. Different forums have different uses, which are explained here, and in the linked definitions in Appendix A.

The inside and immediate outside (within 50ft) of buildings dedicated to research, academics, health, and/or operations/administration, as well as parking areas (which are designed for the flow of traffic), are nonpublic forums, where viewpoint neutral restrictions apply. However, many areas of campus represent a public forum or limited public forum that the University has specifically designated for Expressive Activities. The Mt. Vernon Pedestrian Mall on GVSU’s Pew Campus, the Cook Carillon Tower and Transformational Link on GVSU’s Allendale campus, and the perimeter sidewalks of both campuses as well as on the Health Campus are open public forums. For students, registered student organizations, faculty and staff, the remaining areas on campus (those not designated as nonpublic or public forums) are limited public forums.

Expressive Activity comprised of unprotected speech may be prohibited.

As to all other speech, the University shall not consider the viewpoint of the Expressive Activity or the possible reaction to the viewpoint of that Expressive Activity in applying this policy. However, the University may restrict or compel speech where it has a compelling interest. In the event the Expressive Activity creates a hostile environment for other members of the GVSU community, violates or hinders the rights of others within the campus community, results in a concern for public safety, or materially and substantially disrupts the University’s operations,  the University (including representatives from the Department of Public Safety) shall take all necessary steps to resume normal campus activities and restore the campus climate, while still allowing protected Expressive Activity to continue.

For purposes of this policy, the term "Expressive Activity" includes the following activities, if the main purpose of the activity is the expression or exchange of ideas:

  1. Meetings and other group activities;
  2. Speeches, performances, demonstrations, rallies, vigils, and other events;
  3. Distribution of literature, such as leaflets and pamphlets;
  4. Wearing, carrying, or otherwise publicly displaying words, images or symbols; and
  5. Any other expression protected by the First Amendment to the U.S. Constitution.

Although the University does not prevent, discourage, or punish protected speech, the University’s allowance of protected Expressive Activity must not be construed as an adoption or endorsement of the viewpoints expressed. The University does not assume any obligation or responsibility for the content of the materials distributed or displayed.

GENERAL RULES REGARDING FACILITY USE

University facilities are intended for use by University faculty, staff, students, student organizations, guests of the University, and participants in authorized on-campus activities. However, use may be prohibited by some individuals without prior authorization and certain types of uses are prohibited at all times, as outlined in this policy.  Generally:

  1. Persons on University property are required to provide picture identification and to provide evidence of qualification to a University official upon request. Evidence of qualification means a current and valid University identification card, or accompaniment by a University community member that is a representative of the group that issued the invitation.
  2. Vagrancy, loitering, or interfering with intended use is prohibited.
  3. Unauthorized entry into or presence in closed University buildings or areas is prohibited.
  4. Unauthorized climbing on any University building, equipment, or temporary construction is prohibited.
  5. University officials have discretion to ask non-University affiliated individuals who are in violation of this policy to leave University owned or controlled property.
  6. Events that do not include Expressive Activity are restricted as follows:

a. All events require prior written approval through reservation or rental.

i. Reservations are limited to GVSU community members for University approved events. Requests for reservation can be made by contacting Event Services or the appropriate facility manager.

ii. Facility rental is required for events that do not have an official University purpose. Requests for rental can be made by contacting Event Services or the appropriate facility manager. 

b. All events are subject to applicable University policies, including but not limited to the Commercial Activity Policy, Housing policies, and Student Code policies.

c. Events that do not include Expressive Activity may not be provided the same constitutional protections as Expressive Activity.

EXPRESSIVE ACTIVITY

A. General Rules: Generally, and subject to all rules set forth herein and all applicable University policies, students, student organizations, faculty, employees, and any other individuals or groups permitted on campus, shall be allowed to conduct Expressive Activities on University property provided as follows:

  1. The Expressive Activity does not block access to campus buildings and does not impede ingress or egress to the University, any University property, parking lot, building, facility, or event (generally within 50 feet) except as otherwise designated in this policy.
  2. The Expressive Activity takes place at least 50 feet from academic, research, health, operations/administration buildings. These locations primarily provide student support services.
  3. The Expressive Activity does not obstruct vehicular or pedestrian traffic.
  4. The Expressive Activity does not constitute unlawful activity.
  5. The Expressive Activity does not create a clear and present threat to public safety.
  6. The Expressive Activity does not take place in a location that has already been reserved by the University, a registered student organization, or an outside organization.
  7. The Expressive Activity does not use an amplification device without prior written approval by the Event Services Office. Any request for amplification must be made at least two business days in advance of the event. Amplification that complies with the terms of this policy will generally be granted, unless a prior-reserved event is taking place in close enough proximity that it will be disrupted by the applicant’s use of amplification. Check the box for Sound Amplification on the Reservation Form.
  8. The Expressive Activity does not use an amplification device in residential buildings.
  9. The Expressive Activity by persons or groups that are not members of the GVSU community will not use amplification devices outside of the hours of 8 a.m. and 5 p.m.
  10. The Expressive Activity, with or without an amplification device, does not emit sound that creates a material and substantial disruption to the University’s operations.
  11. Commercial messages and/or advertising using amplification is prohibited. 
  12. The Expressive Activity does not include posting materials on University property, except as provided by the University Posting Guidelines.
  13. The Expressive Activity does not include soliciting or accepting donations, except as provided in this policy.
  14. The Expressive Activity by GVSU community members does not take place outside the hours of 8 a.m. and 10 p.m, without a prior approved reservation or rental.
  15. The Expressive Activity by persons or groups that are not members of the GVSU community will not take place outside of the hours of 8 a.m. and 5 p.m, without one of the following prior approvals:
    • a. Approval through a location rental.
    • b. Approval through reservation or rental by a registered student organization.
    • c. Approval through reservation or rental by a University official for official University purpose.
  16. Distribution of printed materials must be done in person.
  17. Individuals and/or groups engaged in Expressive Activity are responsible for picking up any printed materials dropped on the ground around the areas of distribution. The University may charge such individuals and/or groups a reasonable clean up fee if they fail to do so.
  18. Parking lots, ramps, and garages are not designated or suitable for Expressive Activities, and windshield flyers are not permitted.
  19. Individuals and/or groups engaging in Expressive Activity agree to pay for any damage they cause to University property.
  20. For University employees, in order to be protected, the Expressive Activity must address a matter of public concern and have an interest more compelling than the University’s interest.
  21. The Expressive Activity does not violate the Michigan Campaign Finance Act.
  22. The Expressive Activity does not violate any other University policies, including but not limited to all Housing policies.

Other rules and policies may apply to any person or organizations desiring to sell merchandise or services on campus, including but not limited to the Commercial Activity Policy (SLT 10.4.1). Any person or organization desiring to sell merchandise or services on campus should contact the Event Services Office at 616-331-2350 for information prior to any efforts to engage in such sales on campus grounds.

B. Outdoor Locations.

For outdoor University areas, students, registered student organizations, faculty, and employees may freely engage in spontaneous Expressive Activities provided that such activities are in compliance with all other provisions of this policy, including those provisions pertaining to public, limited public and nonpublic forums, as well as all local, state and federal laws.

Non-University affiliated individuals or organizations may reserve outdoor public forums and may freely engage in spontaneous Expressive Activities in outdoor public forums provided that such activities are in compliance with all other provisions of this policy as well as all local, state and federal laws.

Registered student organizations may reserve outdoor University areas to solicit and accept donations for charitable causes or to engage in other Expressive Activities as outlined in this policy. Users must comply with all directives of the fire marshal for the use of any outdoor area.

Distribution of written or printed materials, such as leaflets or pamphlets, and petitioning for signatures by GVSU community members may be conducted at all outdoor locations consistent with this policy. Use of tables or other equipment or devices to hold distribution materials is restricted to open public forums.

C. Indoor Locations.

For indoor University facilities and areas, students, registered student organizations, faculty, and University employees may freely engage in spontaneous Expressive Activities, provided that such activities are in compliance with all other provisions of this policy, including those provisions pertaining to public, limited public and nonpublic forums, as well as all local, state and federal laws, and subject to the following conditions:

  1. Guests may speak at indoor locations as long as they are invited by a registered student organization or by a faculty or staff member for an official University purpose. Non-University affiliated individuals may be requested to show evidence of qualification. Evidence of qualification means a current and valid University identification card, or accompaniment by a University community member that is a representative of the group that issued the invitation.
  2. Use of the facility must be in compliance with all directives of the fire marshal for the use of any indoor area.
  3. All Expressive Activity is restricted to the normal operating hours of the building or area in which the activity is taking place, unless otherwise indicated by prior approval.

Registered student organizations may use the Kirkhof Center for the following activities, subject to the other provisions of this policy:

  1. Space may be reserved in the Kirkhof Center for any proper purpose, including, but not limited to, to promote a cause or event, to promote a student organization, or to solicit and accept donations for charitable causes.
  2. Distribution of written or printed materials, such as leaflets or pamphlets, and petitioning for signatures may be conducted inside the Kirkhof Center, as long as the registered student organization reserves the space pursuant to this policy.

D. Reservations:

  1. If registered student organizations wish to reserve indoor or outdoor locations, they shall submit their application for reservation to Event Services or the appropriate facility manager at least two business days prior to the reservation date. The application will not require viewpoint disclosure.
  2. If University employees or faculty, on behalf of the University, wish to reserve indoor or outdoor locations, they shall submit their application for reservation to Event Services or the appropriate facility manager at least two business days prior to the reservation date. The application will not require viewpoint disclosure.
  3. If non-University affiliated individuals (non-commercial) wish to reserve an open public forum they shall submit their application for reservation to Event Services or the appropriate facility manager at least two business days prior to the reservation date. The application will not require viewpoint disclosure.

a. Use of the space is free of charge and may be reserved by contacting Event Services at 616-331-2350. 

b. Any non-University affiliated individuals engaged in expressive activity outside of the 50-foot radius of any of these landmarks, will be asked to move to one of the designated areas.

c. Any non-University affiliated individuals that fail to comply with any such reasonable request may be asked to leave University owned or controlled property.

d. Non-university affiliated individuals may rent space by contacting Event Services at 616-331-2350. 

      4. An existing reservation will take precedence over a spontaneous Expressive Activity. 

      5. Registered student organizations, faculty, University employees, and non-University affiliated individuals may reserve facilities for Expressive Activities, on weekdays and weekends, subject to the facility’s availability, and consistent with all applicable University policies.

      6. Reservation requests will be processed and granted on a first-come, first-served basis. These requests may be denied for the following reasons only:

a.The requested use is inconsistent with University policy;

b. The requested use conflicts with any other provision of this policy;

c. The venue is already reserved for another event (In the event that multiple individuals or organizations submit conflicting reservation requests, the following order of precedence shall govern: (1) official University activities and events; (2) registered student organization activities and events; (3) student activities and events; and (4) all other activities and events);

d. The activity is likely to attract a crowd larger than the venue can safely contain;

e. The activity is a clear and present threat to University public safety, according to the University's police or security department;

f. The activity will occur during college examination periods; or

g. The activity is unlawful.

h. For faculty and employees wishing to reserve space, the intended use must be related to an official University purpose.

Requests will not be denied based on the viewpoint of the anticipated protected speech.

      7. During an event, the individual or group requesting the reservation is responsible for preserving and maintaining the reserved facility. The person(s) or organization (and its officers, if applicable) who reserved the facility shall assume responsibility for any damages to those facilities.

RECREATIONAL ACTIVITIES

  1. Camping, fishing and hunting are prohibited on property owned or controlled by the University, except when such camping, fishing or hunting is in connection with an official activity of the University, such as an activity of an academic or administrative unit or an official University activity that has been approved in writing by an authorized University official.
  2. No person shall construct or otherwise erect or abide in any barrier, structure, lean-to, vehicle, trailer, tent, park bench, box, slab or other temporary shelter facility anywhere within the confines of the University’s property except in connection with an approved University activity. Questions about camping should be directed to the Director of Public Safety.
  3. No person is permitted to use any non-residential areas of University owned, controlled or leased property for the purpose of sleeping without express permission from the University.
  4. Any diving, swimming, ice skating, skating, or other recreational use of the waterways or water features located on any University owned or controlled property is prohibited.

RELATED LINKS

Climate Concerns

Expressive Activity Resources

Policy Prohibiting Harassment

Title IX and Civil Rights Office

Commercial Activity Policy

Political Activity Policy

Email Policy

Housing Guest Policy

Housing Policies

Student Code