Detailing The Rules of being a modern college student

by: chetly

Wed Nov 14, 2007 at 22:18:16 PM EST

Folks, this entry is going to be ridiculously long.  Here, we're going to track exactly what the requirements of being a student at Central Michigan University entail. 

Don't click more if you don't have a fast internet connection ... or patience. Reprinted below is just Article III of 19 articles, and just just the policies affecting advocacy policy (you might ask how much it cost to create these policies). 

These are the policies Dennis Lennox apparently violated.  Be patient though ... it takes an awfully circuituous route to get to the violation, and it takes the outright invention of a new policy designed solely for Dennis Lennox on the videotape issue. 

Throw common-sense out the window - if you misstep on a small point here you could be reprimanded.  Of course, if the university likes your advocacy (say protesting the State's alleged failure to give the bureuacrats who wrote this monstronsity more money), you might not get reprimanded. 

Viewpoint neutrality, a Constitutional doctrine of First Amendment law, is violated because event sponsors, their representatives, and the university give THEMSELVES full latitude to distribute literature inside buildings.  Dissidents are not given that latitude.

Below the fold - if you dare. 

University Policies and Procedures
Affecting Advocacy Activities

Sections I & II

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I. Introduction

All Central Michigan University policies, procedures, and  operating directives which affect advocacy activities on campus,  whether or not they were developed for that specific purpose,  are set forth in this document.  In each case the policies are  intended to conform with certain assumed principles.  These  are:   The vast majority of Central Michigan University students  have reached the legal age of majority and have all the  rights and responsibilities of adult citizens.     Informed political participation is a necessary element in  the democratic process, and such participation is one of the  obligations of citizenship.     Participation in the discussion of political and other  public issues by University students is a desirable  educational function and goal.     The University, as a public agency supported by public  revenues, maintains a posture of institutional neutrality  with respect to partisan issues.     Inquiries concerning these policies or questions concerning  their interpretation may be addressed to the Vice President for  University Relations or the Dean of Students.  Complaints  arising in connection with political campaigning or advocacy  activities on the campus shall be addressed to the Vice  President for University Relations.     Fund raising, solicitation of funds and commercial  activities, including commercial speech, to the extent  occurring on the University's Mt. Pleasant campus, are  governed by the following policies:   Fund Raising, Sales and Solicitation on  Central Michigan University Campus.     Where applicable, Application for Sales and  Solicitations and Fund Raising in Residence Halls.

     

II. Definitions

The following definitions  apply to these policies.   PRINTED MATERIALS: Written, non-commercial  communications including leaflets, handbills, literature,  signs, cloth signs or posters.     DISTRIBUTION: The practice of hand delivering or  passing out PRINTED MATERIALS, including leafleting or  handbilling.     DEMONSTRATING: The practice of patrolling, marching,  walking, standing or sitting, usually with placards or other  signs, to publicize a point of view.     RELATED FIRST AMENDMENT ACTIVITY: The practice of  (1) asking an individual to sign a petition or registration,  or (2) asking an individual to support or oppose an issue or  support or oppose a candidate for office, or (3) asking an  individual to register to vote.     AMPLIFIED SOUND: Sound which has been amplified by  electronic means, or otherwise, including public address  equipment, sound vehicles and amplified musical  instruments.     TEMPORARY STRUCTURES: Sandwich Board signs and any  temporary facility (e.g. tent, hut, shanty, stage, table,  vehicle) which have not been approved by a faculty or staff  member or the designated representative of a University  sponsored class or event in conjunction with that  University sponsored class or event.  No TEMPORARY  STRUCTURES may be greater than 100 square feet or taller  than 8 feet high.     REGISTERED STUDENT ORGANIZATION: Those student  organizations registered with the Office of Student Life.

Last Updated: 10/10/2002 16:16:43

Now, with those definitions in mind, here's what you need to study carefully if you decide to excercise your First Amendment rights at Central Michigan University.

University Policies and Procedures
Affecting Advocacy Activities

Section III

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III. Distribution of Printed Materials

DISTRIBUTION of PRINTED  MATERIALS on the University's Mt. Pleasant Campus is governed  by these policies. PRINTED MATERIALS with respect to a University sponsored  class may be DISTRIBUTED at the discretion of the teacher.  PRINTED MATERIALS with respect to a University sponsored  event may be DISTRIBUTED by the sponsor (or representative)  at that University sponsored event.     Except as provided in Article III. A. (university  sponsored activities), any person may DISTRIBUTE PRINTED  MATERIALS outside of any University building subject to the  following limitations:   PRINTED MATERIALS may be DISTRIBUTED after 6:30 a.m.  and before 8 p.m.   PRINTED MATERIALS may be DISTRIBUTED after 8 p.m. and  before 6:30 a.m.:   Starting 30 minutes before any University sponsored  event and lasting until 30 minutes after a University  sponsored event (other than a class) no farther than 300  feet from the site of the University sponsored event or  of the location of the University building in which the  University sponsored event takes place.   OR   If the person or group DISTRIBUTING the PRINTED  MATERIALS registers with the University's Chief  of Police, or designee.  To register, the  person or representative must provide his/her name,  address and phone number and the name of the group  (if any) DISTRIBUTING PRINTED MATERIALS and the  approximate time(s) and location(s) of DISTRIBUTION.   PRINTED MATERIALS may not be DISTRIBUTED within 25 feet  of any window of any classroom or office, within 25 feet of  any door of any classroom building or office building, or  within 40 feet of any window of any residence hall or  University apartment.   PRINTED MATERIALS may not be DISTRIBUTED within 50 feet  of the gates of Kelly/Shorts Stadium or other athletics  venues during the times audiences are arriving at or  leaving an event at those locations. This regulation shall  not limit the DISTRIBUTION of programs or associated  materials with respect to the events taking place at the  site, or to sales that take place in connection with  authorized University concessions.   PRINTED MATERIALS may not be DISTRIBUTED within  Kelly/Shorts Stadium, or other athletic venues during a  scheduled public event or during the times that audiences  are arriving at or leaving the event.  This regulation  shall not limit the DISTRIBUTION of programs or associated  materials with respect to the events taking place at  Kelly/Shorts Stadium, or other athletic venues, or to  sales that take place in connection with authorized  University concessions.   PRINTED MATERIALS may not be placed for  self-DISTRIBUTION outside of any University building.   PRINTED MATERIALS may not be left on parked cars on  University property.   Notwithstanding the limitations in Article III.B.2.,  PRINTED MATERIALS may be DISTRIBUTED to University  apartments on a door to door basis, subject to the  limitations in this Article III.B.1.   Persons DISTRIBUTING PRINTED MATERIALS are asked to bear  in mind the problems of litter caused by discarded papers.  Where possible, DISTRIBUTION of PRINTED MATERIALS should  be done in the vicinity of trash containers which are  generally located adjacent to main routes of pedestrian  traffic.  Persons DISTRIBUTING PRINTED MATERIALS shall  remove all discarded items from the grounds at the  conclusion of their activity.

   

Except as provided in Article III. A., PRINTED MATERIALS may  not be DISTRIBUTED inside University buildings except as  permitted in these Policies.   PRINTED MATERIALS may be placed for self-DISTRIBUTION  immediately next to those locations where CM LIFE is  placed for self-DISTRIBUTION.     Bulletin Boards Bulletin Boards in University buildings, or on campus  information kiosks, which are not designated for a  particular and specified purpose, are considered to be  General Purpose Bulletin Boards. All University buildings  shall have at least one General Purpose Bulletin Board  located adjacent to the main traffic flow of that  building.   Bulletin Boards for a particular purpose, and visibly  labeled to that effect, shall be reserved for the purpose  designated.   The University reserves a space 10" x 18" in  the upper left hand corner of all General Purpose Bulletin  Boards for the posting of official announcements.   Any person or group may place PRINTED MATERIALS on  General Purpose Bulletin Boards. Everyone should show  courtesy toward other potential users of the limited  space.   A person may post only one piece of printed material  on a General Purpose Bulletin Board at a time and must  limit the size of such PRINTED MATERIALS to 22" by  28".   Each piece of printed material placed upon a General  Purpose Bulletin Board must list the initial date of the  posting.   PRINTED MATERIALS placed upon a General Purpose Bulletin  Board will be removed after the event being announced has  taken place, or within 30 days after its initial posting,  whichever is sooner, so that other persons or groups may  have access to the limited Bulletin Board space.

   

Residence Halls Any person may DISTRIBUTE PRINTED MATERIALS in the  lobby of any residence hall during the hours the lobby is  open to visitors.   Before a person or group may DISTRIBUTE PRINTED  MATERIALS within a residence hall other than in the lobby  of that residence hall, the person or representative of the  person or group must register with the Office of Residence  Life.  To register, the person or representative must  provide the name(s), address(es), phone number(s) of the  person(s) DISTRIBUTING PRINTED MATERIALS and the  approximate time(s) and location(s) of the DISTRIBUTION.   Individual residence halls shall, through their  self-government councils or appropriate authority,  establish conditions of time, place and manner under which  PRINTED MATERIALS may be DISTRIBUTED from door to door in  the residence hall.  Such conditions may include the  setting of limited times during which DISTRIBUTION from  door to door may take place; may require that persons  DISTRIBUTING PRINTED MATERIALS register at the reception  desk and/or be escorted by a hall resident; or, in the  case of single-sex residence halls or corridors, may  require that the persons making the DISTRIBUTION be of the  same sex as the residents.  The Residence Hall Director  will be responsible for ensuring that the rules for  DISTRIBUTING PRINTED MATERIALS are posted in the lobby of  each residence hall and that a copy of the rules for each  residence hall is on file in the Office of Residence Life.

   

The University Center Any person may DISTRIBUTE PRINTED MATERIALS within the  second floor lobby to the University Center when the  building is open to the public.   PRINTED MATERIALS may not be DISTRIBUTED at any other  location in the University Center except for programs and  information materials DISTRIBUTED in connection with  scheduled events; and except for PRINTED MATERIALS  DISTRIBUTED at reserved tables.   The reserved tables provided by the University Center  will be located in the lower lobby of the building outside  of the eating area and in front of the bulletin board.  No more than three reserved tables will be used at any one  time.  The reserved tables may not be placed in the  corridor or in any area that would impede exit from the  building in case of an emergency.   Reserved tables may be reserved for a period of time not  to exceed two days.  REGISTERED STUDENT ORGANIZATIONs will  have priority in the reservation of reserved tables on a  "first come, first served" basis.  If, however,  four or fewer days before a particular date, reserved  table space has not been reserved for that date by a  REGISTERED STUDENT ORGANIZATION, the reserved table space  may be reserved by individuals on a "first come,  first served" basis.   After using a reserved table for two days, the group or  individual must wait for two days before reserving a  reserved table for another period of use, except that an  immediate reservation may be granted if there are no other  applicants for table reservations.   Reservations for reserved tables may be made with the  University Center Office, and the University Center  management will provide instructions concerning the  maintenance of the reserved table area.

Last Updated: 10/05/2005 15:44:32

 
You've misstepped if you pass out a flier inside a building against a group of Congressmen who are speaking at a public event, even if you stand well away from the door and impede no one.  However, if host of the event or someone authorized by the host passes out literature favoring their speaker, they are within the bounds of the policy.  This would appear, at first glance, to violate viewpoint neutrality.  Additionally, just the size of the policy should suggest something else -- it is not narrowly tailored.

So, here is the letter finding Dennis Lennox guilty of a violation of this section. It's a rare day indeed that anyone ever gets to the see inside a university's student code process, which is shrouded in secrecy and mystery.  Note that the "judge" - a director of Contracting and Purchasing Services - puts the term "hearing" in quotation marks.  How appropriate - because hearing clearly is a sham word for these things.  Lennox did not attend the hearing - wisely - because the hearing process forbids legal representation, preparation, or even knowing the exact nature of the charges or persons charging you (OL could post that set of rules too ... of note though, is the list of "Complainant's Rights" with no list accused rights, and a requirement that legal representation remain silent and that the accused only can present his defense, essentially smashing the Fifth Amendment).

------ Forwarded Message
From: "Voisin, Anthony" 
Date: Tue, 13 Nov 2007 13:38:17  -0500
To: Marilyn Titus
Conversation:  Hearing of November 7th (Mr. Dennis Lennox versus University)
Subject:  FW: Hearing of November 7th (Mr. Dennis Lennox versus  University)


------ Forwarded Message
From: "Trionfi, Thomas  P."
Date: Fri, 9 Nov 2007 11:40:57  -0500
To: "Voisin, Anthony" 
Conversation: Hearing of November 7th (Mr.  Dennis Lennox versus University)
Subject: Hearing of November 7th (Mr.  Dennis Lennox versus University)

Morning Tony,
 
As the hearing  officer for the “hearing” held on November 7th, 2007, I have found that Mr.  Dennis Lennox did violate Section 3.2.32 of the CMU Code of Student Rights,  Responsibilities and Disciplinary Procedures by distributing materials inside  Anspach Hall on October 8, 2007 which was in violation of CMU’s Policies and  Procedures Affecting Advocacy Activities.
 
After listening to the  university, its witness, the material submitted for my review and reviewing the  Advocacy Activities document [note: Mr. Lennox did not attend the hearing to  offer his side], I have determined that Mr. Lennox did violate Section III:  Distribution of Printed Materials of Advocacy Activities document.
 
That  section identifies the time, place and manner in which printed materials are  allowed to be distributed on CMU’s campus. Mr. Lennox by distributing the  materials to students, faculty/staff in person within the building was in  conflict with the place and manner components of the advocacy activities  document. Had Mr. Lennox left his materials for self-distribution in the  building as per the policy or distributed them himself outside of the building  as the policy allows, he would have not been in violation of the advocacy  activities document.
 
After reviewing all of the facts and testimony, I  have determined that a written reprimand be imposed upon Mr. Lennox for his  violation of section 3.2.32.
 
Please let me know if there are any  questions regarding my decision.
 
Tom
Thomas P.  Trionfi C.P.M.
Director Contracting & Purchasing Services
Central  Michigan University
301 Warriner
Mt Pleasant, MI  48858
989.774.3166
989.774.3466  (Fax)
trion1tp@cmich.edu

What is a "written reprimand"?  What does it do? Regardless of how weak that sounds - it is an official action taken against a person for engaging in speech. And whether Lennox's speech is brilliant or idiotic as some claim, its core political speech.

And with such a complicated policy, you'd think rather than holding an exotic hearing, the university might just sent Lennox a letter saying, hey, we have this policy about not distributing literature inside buildings.  Consider this a warning.  Of course, the charge against Lennox appears to have ony be made two weeks after the literature was passed out (its not like campus police or people at the event told Lennox his actions violated policy) - ironically, the day after his video story about the Dean hit national news.  Hmmm.