THE LEADER STAFF
Three new policy proposals have been released by SUNY Fredonia’s administration.
One of these policies, titled, “Public Forum/Third Party Event Policy,” could severely impact protests and similar demonstrations on campus.
According to the policy, a “Third Party” refers to “Any person or persons not associated with or employed by the University (i.e., student, faculty or staff of the University) who desire to use public forum areas to exercise their First Amendment Right to Free Speech.”
The other two policy drafts include one regarding websites and another regarding desk telephones, neither of which have much relevance to students.
However, the Public Forum/Third Party Event Policy draft is extremely important to students, as it deals with student rights to protest.
This policy is sponsored by Dr. Tracy Stenger, the Interim Vice President for Student Affairs, and falls under the Office of Student Engagement and Inclusion.
The proposed policy, which is currently in its draft phase and was sent out to the campus community on Dec. 19, is under what is known as a “30 Day Campus Review.”
This means that the campus community has 30 days to give their feedback about the policy before it is approved by the President’s Cabinet and the SUNY Office of General Counsel. Those 30 days will conclude on Jan. 19. The administration decided to release this policy during the winter break, while almost no students are on campus or are easily able to be made aware of the policy.
All students, faculty, staff and other members of the campus community are able to give feedback on this policy, but it must be through writing and sent to the “policy steward” in charge of the policy.
The policy steward for this draft is identified as Mark Suida, who can be reached at campus.life@fredonia.edu.
In addition, the following contacts are listed at the bottom of the draft:
- Responsible Office: Student Engagement & Inclusion; (716) 673-3398; sei@fredonia.edu
- Enforcement: Campus Life; (716) 673-3143; campus.life@fredonia.edu
- Policy: University Policy Office; (716) 673-4828; policy@fredonia.edu policy.fredonia.edu
The policy proposal begins with a “reason for policy” section, providing an explanation as to why this policy is being drafted.
It states, “The purpose of this policy is to establish criteria, standards, and guidelines to be used in scheduling Third Party events that include, but are not limited to the following: carnivals, festivals, charity races and walks, picnics and demonstrations. This policy should ensure a safe and positive experience for all parties involved.”
The proposal then lists several aspects of the policy and what they include.
First, it reminds readers that the college requires that all student organizations, academic departments, faculty and staff who wish to sponsor an outdoor event must register the event with the Office of Campus Life by filling out a form at least two weeks prior to the planned event.
Following the block about approval, the policy then goes into a section regarding demonstrations and picketing.
It begins by citing the college catalog, reminding readers that Fredonia’s campus must allow a free exchange of ideas, and that both individuals and groups have constitutional rights.
The policy then states, “all members of the community are encouraged to conduct dialogues with mutual respect and courtesy.”
However, the proposal then states which conduct is prohibited:
- Denying to other students, officials, employees, or invited guests of the University lawful freedom of movement on the campus, lawful use of the property or facilities of the University or the right of lawful entrance to and exit from any of the University’s facilities.
- Impeding the staff or faculty of the University in the performance of their duties, or impeding any student of the University in the pursuit of his or her legitimate educational or social activities, through the use of restraint, coercion, or intimidation or when force and violence are presented or threatened.
- Engaging in any intentional overt activity resulting in the obstruction to, disruption of interference with any of the legitimate missions, processes, procedures or functions of the University.
- Refusing to vacate a building, street, sidewalk, driveway or other facility of the University when directed to do so by an authorized official of the University having just cause to order such evacuation.
- Making unnecessary noise or causing noise to be made with objects and instruments, which disturb University functions or community living.
It states that, “SUNY Fredonia reserves the right to determine the appropriate time, place, and location for all demonstrations. The use of the designated public forum may be requested during the week, Monday – Friday, for up to a four-hour period between the hours of 8:00 am to 4:30 pm during the academic year, and between the hours of 8:00 am to 4:00 pm during the summer. The space must be available and not requested during a restricted day/weekend.”
This refers to the designated public forum spaces on campus, which the policy states includes the area around the clock tower and Dods Grove.
The policy proposal also states that Fredonia reserves the right to have a police presence at protests at the discretion of the Vice President for Student Affairs, and that constructing temporary structures on campus is prohibited.
Additionally, the proposal states that a “counter protest” is allowed to occur on campus. This section states, “A protest, demonstration, or event on campus may invite additional forms of protest, and the University acknowledges that the free expression of all parties is important. Please note that campus officials may designate additional protest areas for persons with views that differ from the views held by an event’s organizers. In order to ensure the safety of all participants, the University Police Department will determine the need for barriers, officers, and other protective measures.”
The policy proposal also discusses the guidelines which third party event planners must follow to exercise their first amendment right to free speech.
This includes, “[completing] a Third Party Forum application at least two business weeks prior to their scheduled arrival.”
The proposal also includes restrictions on days and times in which protests can occur. During the following times, administration proposes that no “third party” events can occur:
- Opening Weekend for fall and spring semesters, study weeks and exam weeks
- During campus wide celebrations such as, but not limited to, Homecoming, Family Weekend and Commencement
- All Admissions open houses
- During Academic Convocations, statewide conferences, and University Foundation celebrations and dinners
- During energy conservation shut down of academic, administrative and non-essential buildings as defined on its calendar and official website
The policy draft also explains that protesters must pick up any and all garbage, signs and other materials used during the event. If not, the draft states that it may result in fines and the denial of future events.
The proposal also states that third parties may not use megaphones or “other sound reinforcement equipment to amplify their speech that they may have brought to campus” and that the University is not under any obligation to provide sound reinforcement for third party events.
Following this statement, the policy states, “The University reserves the right to terminate the demonstration or public forum in the event either the speaker or a member(s) of an audience engages in conduct that violates the SUNY Rules for the Maintenance of Public Order, adopted in accordance with Education Law Sections 6430 and 8 NYCRR 535, in order to secure the orderly and operation of the safety and welfare of the entire campus community.”
The policy proposal then discusses other event aspects, such as carnivals and festivals, cross-country races and charity walks, event set ups and tear downs, fees and the NYS fire code.
Alexander Fisher, a junior political science and writing major, as well as an organizer of the on-campus protest on Dec. 7, has already reached out to Suida to voice his concerns about the proposed policy from a student’s perspective.
Fisher said that he finds “certain language and ideas within this policy proposal especially concerning, not just as a member of the campus community, but as a student committed to preserving the dignity of our institution.”
On Thursday, Dec. 21, Dr. Jeanette McVicker, a professor in the English Department and the senator for Interdisciplinary Studies in University Senate, sent an email to senators where she called the new policy “incredibly disturbing” and said that it “should be protested.”
In response, Senate Chairperson Dr. Bruce Simon, another English professor, offered “a couple of clarifying/contextualizing remarks” in an email response which was also sent out to all senators.
In it, he said that, “The policy is aimed at 3rd party groups, not campus constituencies (it’s not a response to the UUP or student marches in any way),” and that “President Kolison sounds open to tweaking language referring to campus constituencies.” In this context, “campus constituencies” means faculty, staff and students.
Stenger clarified that, “The public forum/third party event policy review began in spring 2023 — SUNY was encouraging campuses to review and update their policies, particularly as it relates to third party speakers (those not associated with the university). The draft revision was worked on in the spring and summer of 2023 with the original plan [being] to share [it] with campus in early fall for feedback.”
She emphasized that, “The draft that was shared out was not in connection with nor a response to the protests on campus.”
Simon also explained how, at his request, “Andrea Wasiura, the chair of the Faculty and Professional Affairs Committee (FPAC), has put together a subcommittee that includes faculty and students not on the [parent] committee; its purpose is to collect and synthesize feedback on the policy. After their work is done, it’ll be up to FPAC and [Senate] Executive Committee to convey their response to the proposed policy.”
This article will be updated when that statement is released.