Policy 1.10

Part 1. Purpose

Minneapolis College recognizes and supports Constitutionally-protected speech and expression, and promotes a rich, collaborative learning environment that furthers its mission, vision, and values.

This policy establishes guidelines related to the Constitutionally-protected speech and expression of students, employees, and members of the public at the College.

This policy also provides information related to political activities and expression on campus.

Minneapolis College expects members of the college community and members of the public on campus to express mutual respect in the exchanging of ideas, even when views differ.

The College does not restrict speech and expression solely based on its content.

This policy does not cover speech in the classroom setting.

Part 2. Time, Place, and Manner Restrictions

The College maintains its right to establish reasonable time, place, and manner restrictions concerning acts of public speech and expression to preserve the educational and business functions of the College. Acts that interfere with the educational purpose or business functions of the College are prohibited.

The College reserves the right to locate or relocate any assembly to ensure the activity does not interfere with the regular functions of the College.

The College reserves the right to maintain a perimeter around speech activities to promote physical safety.

Part 3. Definitions

The following definitions are used for this policy and its supporting procedure.

Employee: An individual employed by Minneapolis College or employed by the State of Minnesota or the Minnesota State system who works at Minneapolis College. This includes, but is not limited to staff, faculty, and administrators.

Freedom of Expression: The fundamental, but not absolute, right to share and express one’s thoughts, ideas, opinions, or views without fear of retaliation.

Member of the Public: An individual who has no direct connection with Minneapolis College. For instance, someone who is not an employee, student, or administrator at the College. Alumni, external organizations, and individuals who are from or associated with partner organizations are considered members of the public for this policy and its associated procedure.

Public Expression: In general, speech or expression that is conducted in a public area including, but not limited to protests, forums, speeches, and demonstrations. Not all speech/expression is protected.

Political Activities: Those activities which have, as their purpose, the endorsement, support, or advancement of a politically affiliated cause, organization, party, or candidate.

Students: An individual who is taking courses at Minneapolis College, enrolled at the College, within the admissions process to enroll at the College. For this policy and its supporting procedure, work-study students/student workers are considered students.

Part 4. Other Policies, Rules, or Laws May Apply

Students, employees, and members of the public are subject to all other applicable and relevant college or Minnesota State system policies and rules as well as any relevant local, state, or federal laws or regulations.

For instance, students, employees, and members of the public must abide by Minneapolis College Policy 8.01 Facilities Use and Procedure 8.01.01 Procedures for Reserving Space at Minneapolis College.

Relevant policies for students include, but are not limited to:

• Minneapolis College Policy 4.04 Student Code of Conduct
• Minneapolis College Procedure 4.04.01. Student Code of Conduct Procedures
• Minnesota State Board Policy Student Rights & Responsibilities

Relevant policies and statutes for employees include, but are not limited to:

• Minnesota State System Procedure 1C.0.1 Employee Code of Conduct
• Minnesota State System Procedure 1C.0.2 Respectful Workplace
• State of Minnesota Management and Budget Office Policy HR/LR #1401 Voting Leave and Other Election Topics

Relevant policies and statutes for students and employees include, but are not limited to:

• Minneapolis College Policy 2.01 Nondiscrimination
• Minneapolis College Policy 7.01 Zero Tolerance for Violence

Part 5. Speech and Expression that is Not Protected

Not all speech and expression are protected. This includes, but is not limited to, speech or expression that:

• Has the effect or is designed to disturb the peace or cause disorder
• Incites an individual or individuals to commit a crime
• Harasses
• Discriminates
• Threatens to harm or
• Causes a panic.

The College and its representatives will err on the side of caution to reasonably protect college community members and property.

Part 6. Use of Facilities and Areas on Campus for Public Expression

Minneapolis College establishes the following guidance for the use of college areas for public expression/speech. The following provisions and those outlined in College Policy 8.01 Facilities Use must be followed.

Subpart A. Time Restrictions

Public expression/speech activities may only take place Monday through Friday, 8 a.m. – 5 p.m. when the campus is open.

Subpart B. Prior Approval for Public Expression/Speech Activities Required

Use of areas for public speech and expression purposes must be approved and a permit granted before use.

Members of the public must receive approval and be granted a permit from the College’s Public Safety Department at least three (3) days before the public speech/expression activity and use of space.

Students and student organizations must receive approval and be granted a permit from Student Life before the public expression/speech activity and use of space.

Employees must receive approval and be granted a permit from the Public Safety Department before the public speech/expression activity and use of space.

Permits will not be denied based on the content or subject matter of the expression.

Minneapolis College Procedure 1.10.01 Public Expression Permitting Procedure provides more details and information on how to obtain the required prior approval and public expression permit.

Subpart C. Designated Areas for Freedom of Expression/Public Expression Use

The following outdoor area is recognized by the College for students, student organizations, employees, and members of the public for use for public expression:

• The grassy portion of the outdoor plaza immediately south of the flagpole with sidewalks on the west, north, and south sides. (The sidewalk on the north side of the space and a  short wall are between this space and the flagpole.)

For additional details regarding this location, please contact the Public Safety Department.

The College has designated the following indoor areas for students, student organizations, and employees to engage in free speech and expression:

• The first-floor lounge area in the Helland Center Building, and
• The plaza/dining area of the first floor of the Technical (T) Building.

For additional details regarding these indoor locations, please contact Student Life.

No indoor areas are established for public speech/expression purposes by members of the public.

Subpart D. Exceptions

Public speech and expression areas may not be used for commercial ventures or business activities.

Part 7. Guidelines for Use of Facilities and Areas for Freedom of Expression

The following guidelines apply to public speech/expression activities at the College.

Subpart A. Participants Must Follow All Applicable Laws, Policies, and Regulations

Individuals participating in events are expected to comply with local, state, and federal laws regulations, and requirements, as well as the policies and procedures of Minnesota State and Minneapolis College. Failure to do so may result in immediate removal from the campus and other appropriate action by college officials and/or the police, which could include being cited for trespassing.

Subpart B. Demonstration

Gesturing, wearing symbolic clothing, or otherwise protesting is permissible unless it is disruptive to college operations, impedes access, or violates applicable laws, regulations, or policies.

If protected expression/speech activities expand or combine to become disruptive, the College reserves the right to relocate activities or to maintain a perimeter to promote safety.

Subpart C. Disruptive/Unsafe Behavior and Actions:

Events, speakers, or similar other public activities are disruptive or unsafe if they include any activity that:

• Denies or unreasonably interferes with the rights of students, faculty, or staff of the College, including the rights of others to demonstrate or otherwise leverage their freedom of expression
• Occurs in a way that blocks entrances, exits, or passageways from or to any College building, vehicle traffic on or to the campus, or interferes with the daily business, traffic flow, and ingress/egress patterns
• Does not cease in the event of an emergency or building evacuation
• Violates any ordinance or law, places the health or safety of any member of the College community at risk, employs force/violence, or threatens force/violence against any persons or property or
• Fails to comply with any other College policy or other lawful directive, including a directive to cease the event.

Disruptive or unsafe public speech/expression activities will be suspended immediately at the discretion of the College President, Vice President of Finance and Operations, or a designee. The College reserves the right to determine what constitutes a disturbance, obstruction, or unsafe activity/event.

Subpart D. Preference for Student and College Events:

Minneapolis College may, at its discretion, reserve areas designated for public expression/speech exclusively for students or college-sponsored events.

Subpart E. Preference for Scheduled or Reserved Purposes:

Activities in designated public speech/expression areas must be conducted in a manner that avoids interference with the regularly scheduled or reserved functions of that space and the College.

Part 8. Freedom of Expression – Political Activities

Any political activities that take place on campus must follow all college and system policies and procedures as well as all local, state, and federal laws. This includes abiding by this policy.

Subpart A. Facilities Usage

Student organizations officially registered with the College, College divisions/departments, and members of the public who wish to host political candidates or hold similar political events (such as a discussion on political issues appearing on a ballot) may request/reserve meeting space by contacting the Central Scheduling team. (Note: Such activities are typically not acts of public expression, such as protests or demonstrations, and must follow room and space reservation processes and timelines.)

Standard charges and related requirements apply if applicable.

Subpart B. Distributable Items - Political Paraphernalia

When space is reserved and/or rented, the distribution of items, such as political paraphernalia, is prohibited beyond the area of space reserved per the College Policy 8.01 Facilities Use.

Subpart C. Student Organizations & Political Activity

Student organizations are not prohibited from having a political affiliation or identification. The one exception to this is the College’s Student Senate, which must remain non-partisan.

Student organizations may not use student life funds to make contributions to a political candidate or political party.

Student organizations may not use student life funds to support/oppose political campaigns or ballot initiatives, host political fundraisers, print campaigns or candidate posters, materials, etc.

Subpart D. Employees and Political Activity

Employee bargaining unit contracts may establish guidance on this topic and should be referred to for relevant details.

Per Minn. Stat. §43A.32, subd. 1, Employees may not either directly or indirectly solicit or receive funds for political purposes during hours of employment.

Employees may not use official authority or influence to:

• Compel another person to apply for membership in or become a member of any political organization
• Pay or promise to pay any assessment, subscription, or contribution to a political organization or for any political activity
• Solicit donations to a political entity or
• Take part in any political activity (Per Minn. Stat. §43A.32, §43A.38, §211.B.09).

When expressing political views, employees must be clear that the view expressed is their own and not seen as the view, or an endorsement by, the College. This is especially important when employees are serving in their official college capacity or identifying themselves as a college employee.

See also Minneapolis College Policy 1.08 Media Relations and State of Minnesota Management and Budget Office Policy HR/LR #1401 Voting Leave and Other Election Topics for further guidance.

Part 9. Distributable Materials & Items

Members of the public are prohibited from distributing materials (e.g. flyers, pamphlets, etc.) without prior approval from the Vice President of Marketing and Communications or designee. Such distribution of materials may be restricted to the area designated for public expression.

Owner(s) Title: Vice President of Student Affairs

Date of Adoption: 7/1/1999 (Not Verified)

Date of Implementation (if different from adoption date): N/A

Date of Last Reviewed: 6/29/2006

History and Subject of Revisions: 10/30/2024 (Comprehensive Review. Substantial changes. Renumbered policy from 4.09 to 1.10. Renamed policy. Updated Purpose. Added: Time, Place, Manner section; Definitions; References to other policies/laws; section noting that not all speech is protected. Updated public expression locations and information around their use. Added clarification that members of the public and employees must receive a permit from Public Safety and students must receive a permit from Student Life. Added guidelines for facility use for public/freedom of expression activities (This includes identifying examples of disruptive/unsafe behavior). Added a Part covering political activities at the College.) 6/29/2006, 7/1/1999 (Adopted, Not Verified)

Regulatory Authority (e.g. Minnesota State policy, federal or state law):  Minnesota State Board Policy 3.1 Students Rights and Responsibilities; Minnesota State Board Policy 2.8 Student Life; Minnesota State System Procedure 2.8.1; Minnesota Management and Budget Office Policy HR/LR #1401 Voting Leave and Other Election Topics; Minn. Stat. §43A.32, §43A.38, §211.B.09