Applies to: Faculty, Staff, Students
Policy Holder: Dean of Students, VP of Finance and Administration
Responsible Office: Dean of Students, Finance and Administration
Contact Information: Dean of Students, VP of Finance and Administration
Effective Date: August 1, 2024
Related Policies:
Use of Facilities, Equipment and Property, including Intellectual Property
Alcohol on Campus Policy
Commercial Tobacco-Free and Smoke-Free Policy
Freedom or Limitation of Expression Policy
Poster and Distribution Policy
Weapons Policy
Supersedes: Use of Space for Inhouse Groups, Use of Space Policy for Outside Groups, Use of Space Rules.
Rationale
The Mitchell Hamline School of Law (MHSL) Use of Space Policy describes the requirements for using campus space. Campus space includes all campus buildings, the front lawn, and outdoor space adjacent to the building. MHSL facilities are to be used primarily in service of MHSL’s core mission, vison, and values.
Policy Statement
MHSL recognizes and protects the rights of freedom of speech, expression, petition, and peaceful assembly. MHSL also recognizes the need to maintain orderly operations and balance competing freedoms and interests.
To strike a balance between competing interests and to maintain the safety and security of the community, MHSL may place reasonable restrictions on the time, place, and manner of expression. A non-exclusive reference list of guidelines and examples contained in this policy are included to help guide community members and MHSL decision makers when evaluating how this policy may apply to a particular situation.
MHSL prohibits any acts that violate other applicable MHSL policies, federal or state laws, or are disruptive to MHSL’s normal operations. MHSL may locate or move any assembly and it may establish and maintain a perimeter around any assembly at any time.
Procedure
To utilize campus facilities, buildings, or grounds for non-academic activities, individuals or groups must obtain permission no less than two weeks before the planned activity. Students or student organizations should submit a request to student.services@mitchellhamline.edu. All other persons or groups should contact the Office of Finance and Administration.
The purpose of making such arrangements is not to prohibit free speech, but rather to ensure that the proposed activity will not interfere with campus security or operations, including regularly scheduled or reserved functions in the space being requested.
Examples of Time, Place and Manner Restrictions
The following is a non-exclusive reference list of guidelines and examples. This list does not purport to address every situation. It is intended only as a guide to help community members and MHSL decision makers when evaluating how this policy may apply to a particular situation.
- Access: Interfering with, impeding, or causing blockage of the flow of vehicular or pedestrian traffic to campus or access to or exit from any MHSL building, classroom, or office is not permitted.
- Demonstration: Gesturing or otherwise protesting that impedes access is not permitted
- Banners, Signs, and other Informative Materials: The carrying or display of posters, signs, placards, or banners in a way that obstructs or interferes with the effective carrying out of a law school function or approved activity, impedes others’ use of MHSL’s property or inhibits the normal movement of any vehicular traffic or pedestrian movement or presents safety hazards, on MHSL property is prohibited. Posters, signs, or banners must comply with MHSL’s Poster and Distribution Policy. Individuals or groups shall not state or imply that their views represent the views of MHSL.
- Temporary Structures/Displays/Exhibits: Any proposed structures may be constructed or placed for any activity only upon authorization by the Director of Facilities and Security or the Security Supervisor. This authorization would be in consultation with the Vice President of Finance and Administration.
- Use of Fire: Any torches, flammable outdoor displays or outdoor open fires must be approved by the Director of Facilities and Security. Use of candles is permissible outdoors so long as candles are stored and transported in fire-proof containers and any spilt wax is cleaned up by the sponsoring group after the event.
- Responsibility Toward Property: Care must be taken to ensure that MHSL and personal property is not damaged or destroyed or left littered. Those responsible for any such damage or litter will be liable for any repair, replacement, or clean-up costs.
- Preference for Student and MHSL Events: MHSL may, at its discretion, preserve MHSL space exclusively for students or for MHSL sponsored events.
- Preference for Scheduled or Reserved Purposes: All activities must be conducted to avoid interference with the regularly scheduled or reserved functions of that space.
- After Hours Events: Events after 5:00 p.m. and on weekends are permitted on campus only by faculty, staff, or registered student groups with prior approval and in accordance with this and other MHSL policies.
- Sound Levels: Noise levels should not interfere with classes, meetings, campus events or operations and activities in progress. Event noise heard within buildings may be determined disruptive and in violation of this policy. While the interpretation of the sound level may be subjective, MHSL and its representatives must err on the side of caution to reasonably protect MHSL’s operations. City ordinances may also apply.
- Academic Freedom and Freedom of Expression: The First Amendment to the United States Constitution does not apply to private institutions, but MHSL is bound by ABA Standard 208, as amended from time to time, which governs academic freedom and freedom of expression. Pursuant to that standard, and subject to section L, MHSL protects the rights of MHSL faculty, students, and staff to communicate ideas that may be controversial or unpopular. That includes communication of ideas through robust debate, demonstration, or protests.
- Disruptions: Also pursuant to ABA Standard 208, MHSL prohibits disruptive conduct by anyone, including, but not limited to, heckling, interrupting, noisemaking, and shouting, that hinders freedom of expression by conduct or expression that substantially interferes with the carrying out of law school functions or approved activities, including classes, meetings, interviews, ceremonies, and public events. MHSL also prohibits expression that violates the law, falsely defames a specific individual, constitutes a genuine threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests.
- Alcohol on campus: The use of alcoholic beverages on campus is prohibited. Exceptions may be approved by the Vice President of Finance and Administration for law school-sponsored events. (See, Drug and Alcohol Policies.)
- Commercial Tobacco Use: Smoking and the use of commercial tobacco products and electronic delivery devices is prohibited both indoors and outdoors in all MHSL campus buildings and on all MHSL grounds, including all parking lots, and within private vehicles on MHSL grounds. Sacred traditional tobacco use for prayer, ceremony, and memorial is allowed, promoted, and supported by MHSL (See, Commercial Tobacco-Free and Smoke-Free Policy.)
- Weapons: MHSL maintains a strict policy prohibiting all employees and non-employees, which includes but is not limited to faculty, staff, students, relatives, independent contractors, visitors, vendors, and all others, excluding on-duty law enforcement officers from carrying and/or possessing guns or other weapons at any time while on MHSL premises, to the extent permitted by law. This policy applies equally to all employees and non-employees, whether or not they possess permits to carry guns or other weapons.
Legal Authority
All individuals participating in events are expected to comply with state and federal law, municipal ordinances, MHSL policies and the above guidelines. Failure to do so may result in immediate removal from the campus and any other appropriate action by MHSL officials and/or the police which could include being banned from campus for a period of time among other remedies.
Violations
Any violation of this policy may be subject to disciplinary action.