CSUEB Addendum to the System Wide TPM Policy

University Designee with Oversight and Enforcement Responsibility

Derek Aitken, Chief of Staff is the University administrative Employee designated to serve as the Designated University Official for California State University East Bay with responsibility for oversight, implementation and enforcement of the Systemwide Time, Place, and Manner Policy, and this Addendum, including oversight of a training program for responsible staff and the broader university community (including Students and Employees).

Designated University Law Enforcement Liaison

Martin Castillo, AVP and Dean of Students is the University administrative Employee designated to serve as the Designated Law Enforcement Liaison between University law enforcement and Students exercising rights guaranteed by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution, or both.

University Response Team

The response team for matters related to implementation and enforcement include:

California State University East Bay Operating Hours

No one shall enter or otherwise remain on University Property between the hours of 11:00 pm and 8:00 am, or at such other times as published or posted by University housing and residential programs, and other similarly specialized University programs. This prohibition shall not apply to persons possessing valid written authorization from a University official, persons on legitimate University related business, or persons attending a specific University sponsored event. Those persons with legitimate University business reasons, valid written authorization, or attending a University sponsored event, shall be allowed to remain and access University Property as allowed in their authorization or through the duration of the specific event, after which time they shall leave University Property without any appreciable delay. This prohibition shall not apply to persons transiting on a roadway or path designated as open to the public.

Campus Time, Place and Manner Regulations

Access to and use of designated University Property must be scheduled and registered in advance, as noted in the list of University Property set forth below. Certain uses of University Property may be subject to fees, require liability insurance, and/or an indemnity agreement which must be provided by those who seek to engage in such uses. All users assume responsibility for all damage they cause to University Property. Failure to pay for damage to University Property may jeopardize future access to and/or use of University Property and can result in discipline for Students and Employees who are responsible for the damage, as well as civil or criminal action. For purposes of this Addendum the following terms shall apply, as set forth in the CSU’s Systemwide Time, and Manner Policy:

A. Public Areas

A Public Area is University Property that is available for public assembly, marches, demonstrations, protests and debate. Right of access and equality of access are provided in these areas, so long as activities are lawful and do not disrupt University operations. Content-based restrictions are prohibited, but reasonable time, place and manner regulations will be applied. Spontaneous activities may take place in Public Areas without pre-scheduling or reservations.

B. Limited Areas

A Limited Area is University Property available to the public but due to business operations, safety concerns, or other important University interests, is not open for assembling, marching, demonstrating or protesting. Activities in these areas may require scheduling and reservations with the University, and are available on a limited basis, subject to campus regulations that are narrowly tailored to address the University's legitimate business interests.

Access to and use of certain designated University Property must be scheduled and registered in advance, as noted in the list of University Property set forth below. Certain uses of University Property may be subject to fees, require liability insurance, and/or an indemnity agreement which must be provided by those who seek to engage in such uses. All users assume responsibility for all damage they cause to University Property. Failure to pay for damage to University Property may jeopardize future access to and/or use of University Property and can result in discipline for Students and Employees who are responsible for the damage, as well as civil or criminal action.

C. Non-Public Areas

Except for areas designated as Public Areas and Limited Areas, all remaining University Property, including the interiors of all buildings and facilities are Non-Public Areas. These areas are not open to the public and the University can restrict access to Non-Public Areas on a Content and Viewpoint Neutral basis.

If there is a University location not listed below, please contact the University administrator responsible for implementing this Addendum.

List of University Properties

Scheduling and Registration Procedures

The university has established formal procedures for events and activities to ensure effective campus coordination and to provide individuals and groups with a means by which to reserve facilities, spaces, equipment, and other resources and support services. These scheduling protocols apply to all campus events and activities, including but not limited to speeches, musical and artistic performances and exhibitions, public assemblies and events, marches and parades, non-commercial solicitation and commercial activities.

Unless otherwise noted below, all campus events and activities for the Hayward campus are scheduled through the Facility Rentals office; and for the Concord center through the Concord Center Events Coordinator. The University Union (UU) is scheduled through UU Reservations.

Any events or activities held in Cal State East Bay’s residential communities are subject to the policies of Cal State East Bay University Housing and Residence Life Program. Questions about these policies may be directed to the Office of University Housing and Residence Life.

Commercial filming and still photography on campus, subject to approval by the Commercial Services office and University Communications. Requests must be submitted in writing to commercialservices@csueastbay.edu.

All commercial film and photography requires a permit and certification of insurance. Commercial film and photography projects will be charged a permitting and location management fee, to be determined by the Commercial Services office depending on the size and scope of the project.

During certain campus wide special events (e.g., Commencement, Preview Day, Orientation), priority will be given to event-related activities in the scheduling of campus facilities, grounds and resources.

In carrying out the scheduling function, the university will retain a position of strict neutrality regarding the views groups or individuals may wish to express. The institutional control of campus facilities shall not be used as a device for censorship. The university will not preclude groups or individuals from expressing their views because of disagreement with the views to be presented.

To address public safety issues (routes of march, necessary public safety staffing, etc.), groups contemplating holding public assemblies, marches or demonstrations are strongly encouraged to notify the University Police in advance of the event, preferably at least 72 hours in advance. In addition, to avoid conflicts with other scheduled University events, and to reserve other necessary support services and ensure event success, organizers of public assemblies, marches or demonstrations are also strongly encouraged to notify the University Facility Rentals Office.

Where facilities or equipment are required, formal scheduling protocols must be followed. Procedures for booking equipment for campus events may be found at University Facility Rentals.

The University President has delegated oversight of campus demonstrations to the Vice President of Student Affairs (SA) and the Chief of University Police, to ensure protection of freedom of expression and constitutional rights, participant safety, and, if needed, to implement dispersal procedures only when participants have exceeded the limits of their constitutional rights or exceeded the general limitations of this policy (See General Limitations Section).

Please visit the University Facility Rentals website for additional information.

Activities and Uses on University Property Requiring Written Permission

The following activities and uses are prohibited unless prior written permission from the appropriate University official is obtained, or as otherwise provided in each Campus Addendum.

1. Posters, Signs, Banners, and Chalking: The University Operational Posting Guidelines inform how the university’s Time, Place and Manner policy should be used with regard to posting banners, posters, flyers, brochures, external signs, indoor/outdoor digital monitor/sign content, etc., leading to a balance between event, program and activity publicity, and maintaining the appearance and brand identity of the campus environment. These guidelines govern temporary signs and posting for both internal and external campus environments.

   Permanent fixtures, such as wayfinding signage and official university building signage, as well as long-term temporary signs in exterior locations (e.g. signs for construction projects) are not governed by these guidelines and must be reviewed and approved by Facilities Development and Operations. Operational messages, such as information provided by the university administration, are also not governed by these guidelines.

   The posting of signs on building surfaces, windows, glass doors, benches, utility poles, sculptures, garbage receptacles, railings, trees, traffic control signs and sidewalks is prohibited.

   Placement of written/printed materials on vehicle windshields is prohibited. Violators are subject to all charges incurred for the clean-up of such littered materials on campus grounds.

   These requirements apply to postings at the Hayward campus and Concord Center as well as the Oakland Center.

2. No Unmanned Aircraft System (UAS) (also known as a drone) may be flown from, on or around University Property without the express written approval of the University Risk Management. Please refer to the Unmanned Aircraft System Policy for additional guidance.

3. Use of University Property for commercial purposes is prohibited unless prior written permission has been obtained from the University. Please refer to the Commercial Services Policy for additional guidance.

4. University Flagpoles are reserved for official University use only. Flags flown on outdoor, permanently installed flagpoles located on University Property serve as a means of expression of the University’s official sentiments as determined by the University President or the Chancellor, as applicable. They are not a forum for free expression or expressive conduct by members of the University community or the public.

Educational Programs and Activities to Support the Balance Between Free Speech

Campus community members will be provided with information about the Time Place and Manner Policy for Cal State East Bay at the beginning of the academic year. Training sessions shall be provided to student groups regarding the balance between free speech activities, educational mission and student safety. More information about the TPM policy and these training activities can be provided by the Designated University Official, The Office of Student Affairs, the Dean of Students, the Office of Student Leadership and Involvement, and the Director of DISARC.

Resources for Mental Health and Trauma Support for Employees and Students

Events may trigger trauma and feelings of isolation, stress and depression. Students are encouraged to contact Student Health & Counseling Services for support services at shcs@csueastbay.edu or (510)885-3735. Employees are encouraged to access the Employee Assistance Program for support.

Recognized Student Organizations

Members of Student Organizations are required to familiarize themselves with and abide by the RSO Handbook.