Freedom of Expression

Policy

CC's mission highlights the central principles of intellect and imagination. These principles are central to the creation of a community of inquiry in which people from a wide range of backgrounds, experiences, and perspectives create and contribute to that community together. In honoring its commitment to these principles and to this community, CC protects freedom of thought and expression while also committing to protect the civil rights and equal rights of all members of the CC community, along with their health and safety and the core purpose of the College as an institution of higher education.

As a residential liberal arts college, CC's core purpose is teaching and learning. As an institution of higher education, CC protects freedom of thought and expression as vital to, but not coextensive with, academic freedom.

In recognizing and valuing the different backgrounds, experiences, and perspectives of members of the CC community, CC also recognizes that members of the community will sometimes disagree. Indeed, the exchange of ideas and exposure to perspectives that diverge and occasionally conflict is essential to the pursuit of knowledge of the world and ourselves. Consistent with its central principles, CC strives to create a vibrant atmosphere in which members of the community can engage together with an intellectually adventurous spirit, while developing habits of intellect and imagination that are enhanced and strengthened by encounters with those who see things differently.

While CC values freedom of expression, certain limitations are necessary to ensure that the College is able to successfully fulfill its mission. Expression that jeopardizes health, safety or property; interferes with the ability of others to express themselves or to be heard; or inhibits the ability of members of the community to participate in or benefit from CCs core purpose as an educational institution, may be prohibited or subject to regulation. Forms of expression that are subject to regulation include, but are not limited to, those that:

• involve or threaten violence or property damage;
• constitute harassment,discrimination or hazing
• violate the law;
• inhibit authorized use or access to the College's grounds, buildings and facilities;
  

  or

• significantly disrupt the College's functions of teaching, learning, research, or residential campus operations.

Regulation of expression is the exception at CC. Expression is regulated only to ensure that all members of the campus community are able to fully and safely engage in the educational opportunities of the College.

In its commitment to fostering habits of intellect and imagination with a spirit of adventure and exploration, CC is committed to creating and protecting a campus environment in which members of our community can disagree and can attempt to resolve their disagreements together.

In attempting to honor and realize its central principles and its core purpose, CC is guided by a further set of shared principles that inform the interpretation and implementation of this policy.

Principle 1: Core Values

As an academic community and a community of inquiry, freedom of expression is a core value of CC.

Principle 2: Equity Commitment

Another core value of cc is protecting the civil and equal rights of members of the community and ensuring that everyone can participate in and benefit meaningfully from CC's mission as an educational institution.

Principle 3: Balancing Rights

At times, these two values of freedom of expression and protecting civil and equal rights of community members may come into tension. When CC must resolve these instances of tension in some way, it will attempt to maximize freedom of expression to the extent the expression does not prevent or substantially inhibit members of the community from participating in or benefiting from CC's mission as an educational institution. To minimize instances in which these two values come into tension, and to resolve these instances of tension when they do arise, CC will attempt to inform and encourage members of the community to engage in forms of expression that involve an open exchange of ideas, mutual recognition and respect, and a willingness to consider different perspectives and experiences.

Principle 4: Responsible Expression

Freedom of expression should be exercised with genuine concern for the health and safety of community members and consideration for the need to protect against threats of violence or property damage, CC's obligation to ensure that its core functions and operations are maintained and available, and compliant with applicable laws. Forms of expression that may be subject to regulation include those contributing to the creation of a hostile learning or work environment, involving harassment or intimidation, shutting down events, shouting down speakers, substantially interfering with the ability of speakers to be heard, blocking entrances or exits, or involving threats of imminent or targeted violence.

Principle 5: Measured Restrictions

Given the importance of freedom of expression to CC's core purpose and central principles, regulations that restrict certain forms of expression should be interpreted and implemented narrowly and should be tailored to the prevention of harm.

Principle 6: Contextual Expression

Given CC's core purpose of teaching and learning, there are spaces on campus where certain forms of expression may be permitted or encouraged, and there are other spaces on campus where those same forms of expression may be prevented or restricted. For example, group demonstrations might be welcome on the quad but prohibited in classrooms, the library, and the entrances to dining areas and residence halls.

Principle 7: Time, Place, and Manner

In its effort to realize its educational mission and to meet its legal obligations, CC will sometimes implement limited time, place, and manner regulations so that freedom of expression is protected while also respecting and protecting the civil and equal rights of all community members.

Principle 8: Shared Responsibility

When engaging in expressive activity and freedom of expression, we are at all times members of the CC community, and we are all responsible for our own actions.

Policy Scope

This Policy covers all forms of expression and events in which CC community members engage on campus, as well as at any College-sponsored program, activity, or event, which may occur on or off campus.

Nothing in this Policy shall be construed to limit the authority of the College's President to protect persons or property in emergency situations.

Freedom of Expression

Freedom of expression is the right to use words, symbols, sounds, movements or engage in other actions to share thoughts, emotions, experiences and beliefs; discuss ideas; participate in the life of a community; and engage in self-realization. This freedom includes the ability and opportunity to be exposed to, and to respond to, the thoughts, emotions, experiences, and beliefs of others.

Expressive Activities

Expressive activities include protests, marches, demonstrations, rallies, speeches, distribution of literate or fliers, art installations and performances, and other forms of collective public expression, including digital or online media. All expressive activities must comply with CC's community standards, faculty/staff handbooks, and legal requirements.

In order to support the exercise of freedom of expression while protecting health, safety, and the ability of members of the community to participate in and benefit from CC's core purpose as an educational institution, some activities require prior approval from the Vice President for Student Life/Dean of Students, the Dean of the College/Chief Operating Officer, or their designee. These include demonstrations,marches, or other events that:

• May obstruct vehicular or pedestrian traffic (requires at least 72-hour notice and may require permission from the City of Colorado Springs);
• Involves camping and/or the construction of temporary structures; or
• Uses installations or displays beyond distributing printed materials.

If employees wish to attend a demonstration or protest during work hours, these should not be counted as hours worked. Employees should follow all applicable procedures in their department for taking leave.

When engaging in personal expression, it is important to avoid the appearance of representing CC. When making personal statements, CC community members should not use Colorado College branding, such as the logo, letterhead, seal, athletics logo, or Fine Arts Center (FAC) logo. Any requests for comment from external media should be referred to the referred to the Office of Communications.

Written materials published on campus by students, faculty and staff must comply with CC’s Distribution of Printed Materials and Solicitation Policy. Electronic materials published by students, faculty, and staff using college resources, including the college network, must comply with CC’s Acceptable Use of Information Technology Resources Policy.

Publishing written or electronic materials that intimidate, harass, or defame others, or which interfere with the normal business or activities of the College may be investigated and adjudicated through the appropriate CCs policies and procedures.

The Office of Communications is solely responsible for institutional responses to requests for comment by the media. Students, faculty, and staff are responsible for taking affirmative steps to avoid any reasonable inference that their expressive activities are made on behalf of or endorsed by CC.

Forms of expression will not be regulated or restricted on the basis of the topic discussed or the message conveyed unless they constitute a viiolation of the law or this Policy.

Classroom and Instructional Settings

In general, this Policy does not apply to expression by those engaging in teaching and research or students within individual classrooms and other instructional settings (e.g., laboratories and studios). Expression within classrooms and other instructional settings is governed by principles of academic freedom.

Responsibilities of Event Organizers

Event organizers should ensure that their event’s activities comply with this policy and other CC’s policies. More specifically, event organizers should ensure that their event and its participants protect the health and physical safety of members of the CC community; prevent damage to College property and facilities; maintain access to pathways, streets, and buildings, including entrances to and exits from the event location; and avoid interference with or disruption of other scheduled campus events or CC operations.

College Space and Scheduling

Community members are required to comply with campus space reservation policies. Event organizers, including academic departments and programs, must comply with the College’s Events and Speakers Protocols. When an event is organized by a student or a student organization, the event organizers must work through the Student Event Summit Committee.

Sound Amplification or Disruption

Reasonable sound amplification or otherwise loud forms of expression are generally permitted on outdoor campus property. As always, amplification and loud forms of expression must not threaten the health or physical safety of community members; damage CC property and facilities; impede access to pathways, streets, or buildings; interfere with CC’s core educational purpose, College activities, and operations; or violate county/city regulations. Amplified or otherwise loud forms of expression in proximity to classrooms, residence halls, the Student Health Center, or the library that prevent or materially disrupt educational activities or essential college functions/events are prohibited.

Interference with Speakers or Events

Interference with organized events or campus speakers, including obstructive posters, persistent heckling, or amplified or otherwise loud sounds, which inhibit the expressive activities or freedom of expression of others, are prohibited.

Accountability

Violations of this policy will be subject to disciplinary action in accordance with the

Student Community Standards (Pathfinder), the Staff Handbook, or the Faculty Handbook, as appropriate.

Individuals who are unaffiliated with CC and engage in disruptive activities on campus, or otherwise violate this policy, will be treated as trespassers on College property and may be subject to legal consequences. The College will work with the management of any third- party contractor whose employees engage in activities that may violate this policy to determine an appropriate response.

Reporting

Any CC community member should feel free to raise concerns about possible violations of this Policy.

If the expressive activities of an individual or a group are alleged to violate this Policy, the following college officials (or their designees) hold the enforcement authority for this Policy and the applicable handbook or policy will govern the procedures afforded to the accused:

• The Vice President of Student Life/Dean of Students (Student Community Standards);

• The Dean of Faculty (Faculty Handbook);

• The Vice President for Human Resources (Staff Handbook)

• The Assistant Vice President for Civil Rights and Title IX (Civil Rights and Title IX Policy)

If you believe the content of a poster, demonstration, or similar display violates our Policy, report your concerns to the Office of Civil Rights & Title IX. There is no time limit for when a violation of this Policy may be reported to the CC; however, the College strongly encourages CC community members to report incidents as soon as possible to maximize CC’s ability to respond promptly and effectively. The timing of when an alleged incident is reported may affect CC’s ability to respond to the report. Do not remove or disrupt the content in question.

Forms of expression that constitute harassment, threaten or involve violence, or otherwise prevent or inhibit members of the College community from participating in or benefiting from CC’s mission as an educational institution, violate this Policy. Members of the College community may always report possible violations of this Policy to the Office of Office of Civil Rights & Title IX.

If you believe that there is a safety hazard (impeding ingress or egress; capacity issues within space; threatening life, safety, or property), call Campus Safety at (719) 389-6911 or 6911 on any CC phone.

In instances where expressive activity targets an individual or group of individuals based on a protected class or crosses the line into harassment or discrimination, a referral may be made to the Office for Civil Rights and Title IX. For more information on which behaviors may constitute harassment or discrimination, please review CC’s Civil Rights and Title IX Policy.

Resources

If you are seeking assistance to exercise freedom of expression in a way that does not violate this Policy, community members are encouraged to consult with the following campus offices:

• Institutional Equity and Belonging

• Office of Civil Rights and Title IX

• The Office of Student Life

• Campus Safety

• The Office of Campus Activities

• The Butler Center

• Human Resources

Helpful Links

• Checklist for Event Planning

• Distribution of Printed Materials and Solicitation Policy

• Staff Handbook

• Faculty Handbook

• Student Community Standards (Pathfinder)

Procedures

Definitions

• Academic Freedom: Academic Freedom is the right to pursue knowledge through teaching, research, scholarship, scientific investigation, creative expression, and the open exchange of ideas – without censorship or retaliation – regarding matters relevant to the subject of that intellectual or scholarly pursuit.
  
  
• CC Community Member: Any person who has a formal relationship with Colorado College. This includes all students, parents/guardians of students, employees, trustees, volunteers, third-party contractors, or formally invited guests of the College.
  
  
• Demonstrations: Any public meeting, march, or event intended to express views on an issue of importance. Demonstrations may be planned or spontaneous.
  
  
• Disruption to CC’s educational mission: A disruption is any activity that obstructs, prevents, or substantially interferes with teaching, learning, administrative functions, campus services, scheduled events, or access to facilities.
  
  
• Hostile Environment: A hostile environment is created when conduct directed at and so severe or pervasive that it limits or denies an individual’s ability to access, participate in, or benefit from an educational opportunity or work experience.
  
  
• On Campus: As defined by the Clery Act, “any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including student halls; and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).”