Introduction
Bronx Community College (“BCC” or, the “College”) is committed to upholding the College community’s right to academic freedom and free expression (please review CUNY’s Brief Introduction to Freedom of Speech for the Student Community https://www.cuny.edu/current-students/student-affairs/our-cuny/free-speech/ for an overview of what constitutes free speech and what types of speech are not protected by the First Amendment) while cultivating an educational environment that is inclusive for all, ensures personal safety, and enables necessary activities of the College to be free from unreasonable disruption. BCC defines demonstrations as any form of civic expression where students, faculty, or staff convey their opinions, demands, support for or opposition to any subject, or the like, through marches, parades, rallies, protests, or similar activities (collectively referred to in this Policy as “Demonstrations” and includes any counter-demonstration—any form of civic expression where students, faculty, or staff convey opposing viewpoints in response to a Demonstration).
Requests to schedule student Demonstrations must be submitted to the Office of Student Life via email to studentlife@bcc.cuny.edu . Requests for faculty and staff Demonstrations must be submitted to the attention of the Office of the Counsel via email to presidentsoffice@bcc.cuny.edu . Organizers of all Demonstrations must read this document and submit requests as outlined above at least three (3) business days before the planned Demonstration date for consideration.
BCC’s Commitment to an Educational Environment and Freedom of Expression
BCC’s mission is to prepare, inspire and empower our richly diverse student body with a quality educational experience that facilitates social mobility, lifelong learning and engaged citizenship. In alignment with its mission, BCC is committed to creating an educational environment in which a variety of ideas can be proposed and critically examined. The College has developed this Policy to support its mission, as well as each community member’s right to freedom of expression.
The rights of freedom of expression and peaceful assembly are vital to our shared goal of the pursuit of knowledge. Such freedoms come with a responsibility to welcome and promote this freedom for all, even in disagreement or opposition. At the same time, CUNY and Bronx Community College have long recognized that the right to demonstrate does not include the right to engage in conduct that disrupts the College’s operations or endangers the safety of others as per the Henderson Rules, that is, the CUNY Rules and Regulations for the Maintenance of Public Order Pursuant to Article 129-A of the N.Y. Education Law.
Designated Locations
Specific locations for Demonstrations have not been designated in an effort to provide the greatest flexibility for the organizers of such activities. However, the following Time, Place, and Manner regulations may impact the choice of an appropriate location in order to have the Demonstration comply with the policies described herein. Locations for student Demonstrations will be reviewed and approved by the Vice President for Student Success and locations for faculty and staff Demonstrations will be approved by the Office of the Counsel.
Time, Place, and Manner Regulations
- The following regulations apply to all Demonstrations:
- No blocking or otherwise interfering with the free flow of vehicular, bicycle, or pedestrian traffic. The right of way on streets and sidewalks must be maintained.
- No blocking or otherwise interfering with the ability of others to go into and out of campus buildings.
- No preventing or attempting to force the cancellation of any class, or event or activity sponsored by the College or by any persons authorized to use College facilities. This regulation is not intended to prohibit counter-demonstrations.
- No actions that obstruct or prevent members and guests of the College community from accessing campus activities or facilities.
- No Demonstrations are allowed inside College buildings.
- No inciting imminent lawless action.
- No harassment, physical abuse, or threats toward another person or member of the College community.
- Demonstrations are permitted on business days between the hours of 9am and 6pm and should not exceed three hours in duration with no demonstration ending after 6pm.
- No demonstrations during Midterm Exams, Final Exams or Final Exams reading period.
- No volume of noise that prevents members of the College community from performing their normal campus activities. Amplified sound (e.g., bullhorns) is not permitted.
- No structures are allowed without the express written approval of the Vice President for Student Success for Student Demonstrations or the Office of the Counsel for faculty and staff Demonstrations or their respective designees. Temporary structures include, but are not limited to, outdoor structures, tables, monitors, tents, and encampments.
- No unattended placards, banners, or other signs are permitted, unless they are affixed securely to a location that has been approved for posting. Approval to post posters and flyers on College property must be obtained from the appropriate authority – the Student Life Office (studentlife@bcc.cuny.edu ) for student Demonstrations and the Office of the Counsel (presidentsoffice@bcc.cuny.edu) for faculty and staff Demonstrations.
- Persons on campus must comply with the directions of any College official, including but not limited to Public Safety.
Compliance with This Policy
It is the responsibility of the Demonstration organizer(s) and sponsoring organization(s)’ leadership to educate participants about this Policy and other applicable CUNY and BCC policies and to immediately report any disorderly conduct to Public Safety. For example, all individuals must present a BCC College-issued identification card or a valid state-issued ID when requested by a BCC official.
Failure to comply with instructions from Public Safety or other BCC officials, whether prior to or during a Demonstration or at any time, may result disciplinary action, including expulsion or separation in accordance with CUNY policies. Individuals may also be referred to law enforcement for consideration of criminal proceedings where appropriate.