Non-Sponsored Demonstrations, Presentations, and Non-Commercial Literature Distribution

Kutztown University Policy GEN-002

1. Purpose

   The Kutztown University campus is for the primary use by its students, faculty and staff in their efforts to advance the educational mission of the university. Kutztown University recognizes its role as a public university to encourage the exchange of ideas and/or viewpoints. As such, Kutztown University is open to the presentation and free exchange of ideas by those who may, not necessarily, be affiliated with the University. The University has a significant interest to protect the educational experience of the students in the furthering of its educational mission by ensuring students’ safety, security and fostering diversity. 

   To that end, this policy sets forth certain practices that enable the exchange of ideas while protecting the orderly nature of the campus. 

2. Scope
   

   This policy applies to all entities who intend to utilize the campus to exercise their constitutionally protected rights to free expression through presentation, demonstration or the distribution of non-commercial literature. 

3. Key words and phrases

   1. Distribution of non-commercial materials refers to such activities of a personal transaction nature that makes available paper or other material items which do not include the sale of goods or services or solicitation for funds. 

   2. Public Demonstration refers to an assembly of individuals for the purpose of expressing their views. 

   3. Presentation refers to any public display of information to express a viewpoint. This also applies to orally expressed viewpoints by use of amplification devices. 

   4. Routine Operational Hours refers to standard workday hours and those evening times when public events occur. 

4. Policy and Procedure(s)
   

   1. All entities are encouraged to provide advanced notice to the Chief of Police Services or his/her designee of their intent to utilize the Kutztown University campus for the purpose of non-commercial literature distribution, public demonstration or presentation.  

   2. The activity shall not: 

      1. Obstruct vehicular, pedestrian, bicycle or other traffic; 

      2. Obstruct entrances or exits to the buildings or driveways; 

      3. Interfere with educational activities inside or outside of the building; 

      4. Engage in any disorderly conduct as defined by applicable state and local statutes and/or ordinances; 

      5. Interfere with or preclude a scheduled speaker from being heard; 

      6. Interfere with scheduled University operations, ceremonies or events; 

      7. Consist of the construction of permanent or temporary structures without prior approval; 

      8. Consist of camping, lodging, or sleeping as an expressive activity;  

      9. Damage property, including but not limited to lawns, shrubs or trees; 

      10. Disturb the peace as defined by applicable state and local laws, statutes and/or ordinances; or 

      11. Engage in any conduct deemed to be unlawful by any applicable state and/or local law, statute and/or ordinances. 

   3. Should the activities of any group interfere with the operation of the University, jeopardize public safety, and/or fail to abide by the standards set forth above, campus public safety officials may take action as they deem appropriate, including, but not limited to, moving the event to another location, changing the time of the event or terminating the event. Failure to abide by the directive of campus public safety officials may result in arrest. 

5. Approved By

   Council of Trustees, September 26, 2024 

6. Last Review
   

   August, 2010 
   August, 2012 
   December 2017 
   May 2020 
   July 2024 
   June 2026 (renamed from COT-002)