Demonstration and Protest Policy

While expressing convictions as an individual or member of a group, each member of the academic community is expected at all times to conduct themselves reasonably and responsibly, and to respect the educational processes and goals of the University and the rights of others. Orderly demonstrations on University premises that do not interfere materially with the educational processes or endanger the safety of the BVU community are permitted. Such demonstrations must not limit, interfere with or infringe upon the equal rights of others to express their conviction, to safe counterdemonstrations or to participate in the activities or programs being demonstrated against. The individual’s rights of free speech and lawful assembly do not confer upon those who exercise them a license to limit, interfere with or infringe upon the equal rights of others’ free speech, lawful assembly, free association, privacy and the pursuit of education without unnecessary interference.

The following individuals are considered members of the Buena Vista University Community (the “Community”) for purposes of this Policy:

• Students: Includes all persons registered for courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or other types of degrees or certificates. Persons who withdraw after allegedly engaging in proscribed conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been admitted are considered “students,” as are persons who are living in University residence halls, although not enrolled in this institution. Students who have finished all course work but have yet to receive their diplomas are also considered “students.” This policy applies to all BVU students regardless of location (including course taught outside the United States) or course delivery mode (in person or online).
• Persons who are employed by Buena Vista University as faculty or staff, and persons who are employed by contracted entities to provide a service to Buena Vista University and whose work location is at any of Buena Vista’s multiple office locations.
• Alumni of the University when returning to campus or to official University events.

Definitions

• Meetings and Events: Gatherings of members of the Community in a location specifically designated for that purpose. Events are generally considered to be public. Meetings are generally considered to be private.
• Dissent: The fundamental right of expression of counterpoint(s) through symbols, speech, expression, satire, flyers or leaflets, action, and other comparable forms of expression.
• Protest: Dissent with the goal of change, which may attract attention. Protests may include an actual gathering of people to bring attention to the cause, such as picketing, rallies, sit-ins, vigils, or similar forms of expression. Protest may also include more individually based forms of Dissent such as posting flyers, wearing t-shirts or arm bands, and other similar actions.
• Internal vs. External Dissent: The University acknowledges that some protest may be externally focused, meaning the topic of protest is directed at some broader issue beyond the University. Examples may include protesting local legislation or global social injustices, among others. The University also acknowledges that some protest may be internally focused, directed at the leadership of the institution, at decisions made by faculty or administrators, or toward other members of the Community with whom one disagrees. Both forms of protest are protected and affirmed.

Freedom of Speech and Freedom of Expression

Expression that communicates a viewpoint, regardless of form, is protected as long as it does not violate this Policy. This includes protest, dissent, and any other communicative activity, whether or not it occurs in the context of a Meeting or Event.

The right to Dissent is the complement of the right to speak, but these rights may conflict at certain times. The University promotes simultaneous, but not disruptive, Dissent. As such, during a scheduled Event or Meeting, a speaker is entitled to communicate a message to an audience during an allotted time, and the audience is entitled to hear the message and see the speaker during that time. A dissenter must not substantially interfere with the speaker’s ability to communicate or the audience’s ability to hear, see, or question the speaker. Protests outside of a Meeting, Event, or another Protest shall not impede access to the Meeting, Event, or Protest nor substantially interfere with the communication at the Meeting, Event, or Protest.

Participation in a Protest or other demonstration is restricted to members of the University Community. Individuals who are not members of the University Community are not permitted to Protest on Buena Vista private property and will be instructed to leave campus and may be subject to criminal charges. Individuals who are not members of the University Community may only participate in Protests or other demonstrations in public spaces. Public spaces include areas from sidewalk to street along any street on the campus.  

All Protests and demonstrations, including those on private University property and in public University spaces on campus, must comply with the following rules:

1. Corridors, stairways, doorways, and building entrances may not be blocked or obstructed in violation of the regulations of the fire department or of the University. Clear and unimpeded passageways must be maintained at all times.
2. To the extent a Protest or demonstration takes place on University streets, it must not block or impede traffic.
3. The Code of Student Conduct and all other University policies and rules must be observed at all times in the planning and conduct of any Meeting, Event, or Protest.
4. All Community members who participate in the Meeting, Event, or Protest are responsible for maintaining peace and order.
5. During a Protest or demonstration, the expression of viewpoints may invite or elicit a response from others, including counterdemonstrations. In all circumstances, the right of others to personal expression must not be denied.
6. At the conclusion of any Protest or demonstration, the participants are expected to make a reasonable effort to return the grounds/area to the condition it was in before the Meeting, Event, or Protest. This includes properly disposing of all garbage.

Advance Notice and Right to Require Cessation

In order to afford maximum protection to the demonstration or protest, demonstrators, and the BVU community, the Vice President for Student Success and Director of Human Resources or their designee, should be given 24 hours’ notice of any planned Protest or demonstration, its proposed locale, and the object of intended protest. Advance notification enables the University to help ensure that the event takes place in a constructive and peaceable manner.  

Members of the University Community must follow existing University policies regarding reservation of space. The use of University space shall not imply acceptance or endorsement by the University of the views expressed.

Members of the public and the University Community who Protest or demonstrate in public spaces on the University’s campus must notify the Storm Lake Police Department and BVU Campus Security 24 hours prior to any planned Protest or demonstration.  

When Protests or demonstrations are scheduled, University personnel may be present for all or part of the Meeting, Event, or Protest. The University reserves the right to require cessation of Meetings, Events, Protests, or demonstrations under circumstances where the University determines that their occurrence may endanger the health or safety of persons or University property or unreasonably interfere with the general operations or business of the University despite reasonable and available precautions.

Violation of Community Responsibilities

Part of Buena Vista University’s mission is to help support the right to expression, Dissent, and Protest. However, disruptive demonstration that unreasonably interferes with the rights or safety of others is strictly prohibited.

Community members, in the course of their actions, violate this Policy if they:

• Unreasonably infringe on the rights of other Community members, including the right to engage in open expression, Protest, and Dissent.
• Cause substantial disruption to a Meeting or Event that impedes the rights of attendees of that Meeting or Event, including excessive noise, continually interrupting a speaker, or preventing an audience from seeing/engaging with a speaker during a Meeting or Event.
• Create undue hardship that substantially impedes a Community member’s right to open expression, such as unreasonable use or enforcement of space reservation or usage policies.

Application of this policy does not preclude the application of other University policies or regulations as may be warranted by a given situation.

Violation of Other Policies that Relate to Open Expression

Community members, in the course of their actions, violate other policies of the University (such as the Student Code of Conduct) and are no longer operating within the spirit of Open Expression at Buena Vista if they:

• Violate any federal, state, local or other applicable law (e.g., gaining unauthorized access to restricted areas, refusing to leave restricted areas if instructed, defacing of public and/or private property, etc.).
• Interfere unreasonably with the activities or rights of other persons. Factors that may be considered in determining whether conduct is reasonable include, but are not limited to, the time of day, size of audience, and noise level of a Meeting, Event, or Protest.
• Interfere unreasonably with the general operations of the University.
• Interfere with unimpeded movement in a University location. Examples may include impeding or preventing access to or egress from a building, or blocking any entrances or exits in a way that causes safety concerns.
• Cause injury to persons or property or threaten to cause such injury.
• Expressly or implicitly use or threaten violence or force, or encourage others to use or threaten violence or force.
• Place the health or safety of any member of the University Community at risk.
• Engage in action that violates any of the University’s discrimination or harassment policies.
• Violate reasonable noise levels.

Flyers, Signs, Displays, etc.

In the use of flyers, chalking, signs, and displays, persons expressing themselves should follow all rules outlined in the University Posting Policy No form of expression should be denied because of the content of the flyer, sign, or display within the limits of this policy. Additionally, a member of the Community who defaces the permissible open expression of others will be held in violation of this policy.

Administration and Enforcement

The Vice President for Student Success and Director of Human Resources are responsible for enforcing this policy. The Vice President for Student Success and Director of Human Resources may send designees on their behalf during Events to enforce this Policy.