Use of University Buildings, Facilities, and Grounds

This Presidential Order (“Order”) is issued by the University President pursuant to California Code of Regulations,Title 5, sections 42350-42353. This Order concerns the use of University buildings, facilities, grounds, and other property (collectively, “University Property”) for all purposes and events, including without limitation: (1) free speech and expressive activities; (2) display or distribution of published materials, including the distribution of handbills and circulars and posting or chalking; (3) amplified sound; (4) solicitation (commercial and non-commercial); and (5) transactions (commercial and non-commercial) at California State Polytechnic University, Pomona (“Cal Poly Pomona” or “University”). It applies to students, student organizations, campus organizations, faculty, staff, auxiliary employees, and off-campus groups or persons while on campus, including commercial vendors and solicitors. This Order also sets forth reasonable time, place, and manner regulations regarding the use of University Property to ensure individuals and groups exercising their legitimate rights do not disrupt the educational process or other operations of the University, infringe on the rights of others, or engage in unlawful acts, including but not limited to defamation, terrorist threats, false advertising, or the promotion or incitement of actual or imminent violence or harm. Except where noted and/or where other Orders apply, this Order is intended to be the controlling document with regard to the University’s time, place, and manner regulations. It expressly supersedes the following Policies and Orders:

This Order is not intended to interfere with the statutory rights provided by the Higher Education Employer-Employee Relations Act (HEERA), California Government Code section 3560, et seq., the terms of a controlling collective bargaining agreement or an individual’s free speech and assembly rights afforded in the First Amendment to the United States Constitution or Article 1, sections 2(a) and 3(a) of the California Constitution.

AUTHORITY. Campus regulations and procedures are adopted pursuant to the authority of the University President, who is responsible for the general welfare of the campus.

Violations of this Order constitute a violation of an order of the University President, Cal Poly Pomona, and applicable statutes and regulations. Violations may result in, among other things, removal of the offending party or parties from the campus, as well as possible loss of further use of University Property. Personal or corporate liability for any cost incurred by the campus due to the improper use of University Property may be imposed upon the responsible party(s). In addition, a violation of this Order may constitute a crime under the Penal Code and the offending party may be found guilty of a misdemeanor pursuant to California Education Code Section 89031. Violations of this Order may also subject the violator, if a student, to student disciplinary action pursuant to Title 5, California Code of Regulations, Sections 41301-41303, or if a CPP employee or faculty member, to discipline, up to and including termination, pursuant to applicable collective bargaining agreements, California Education Code section 89535, or Title 5, California Code of Regulations, Section 42723. Non-campus affiliated groups or individuals may also have their future privileges revoked under Section 626, et seq. of the California Penal Code.

The use of University Property is contingent upon complying with the following requirements:

1. The activities must be conducted in a lawful manner and comply with all applicable federal, state, and local laws and safety codes.
2. The activities must comply with all California State University systemwide and Cal Poly Pomona policies, procedures, and regulations.
3. The activities must not unreasonably interfere with or disrupt instructional programs or University business or operations.
4. No activities or events will be scheduled during commencement ceremonies or other similar campus-wide special events.
5. The activities must conform to the time, place, and manner regulations established by this Order. The Order may be found on the Presidential Orders webpage, and printed copies may be obtained from the Office of the Vice President of Student Affairs.
6. To address public safety issues (routes of march/travel, necessary public safety staffing, disruption of campus academic programs or other events, applicable security measures, requisite permits or State Fire Marshal approval, and traffic flow, etc.), groups contemplating holding public assemblies, marches, or demonstrations are strongly encouraged to notify the University Police as soon as possible and no later than thirty days (30) hours in advance of the event by calling (909) 869-3070.
7. To ensure full understanding of laws, policies, and procedures unique to the University, off-campus groups or persons, including commercial vendors or solicitors, are encouraged to contact the Office of the Vice President of Student Affairs (studentaffairs@cpp.edu) prior to the start of their activities or distribution of published materials, including the distribution of handbills and circulars and posting or chalking.
8.  To facilitate safety and floor maintenance, individuals with bare feet are prohibited from entering University buildings, with the exception of appropriate areas of University housing facilities, and physical education and recreation facilities.
9. Camping on University property or living in privately owned, temporary lodging parked or erected on University Property is prohibited. In unusual circumstances, exceptions may be permitted with written approval from Facilities Planning and Management (fmcustomer@cpp.edu).
10. Erection of any temporary structure on campus must be approved by Facilities Planning and Management for the safety of all participants and bystanders.
11. Pets are allowed on campus only when on a leash and accompanied by their owner. No animals, except when being used for official University instructional purposes, and/or service animals, will be permitted inside campus buildings without prior approval of the University.
12. Without specific permission from the President or designee, it shall be prohibited to engage in, participate in, or assist participants in any game which involves the ambushing, lying-in-wait for, or following another person by means of stealth; or to participate or assist in the participation in any game which would involve the firing or use of any item listed within the Prohibited Uses section.
13. Individuals shall not wear masks, bandanas, or other items that hide the face (aside from coverings worn for religious beliefs or for a medical or disability accommodation), personal disguises, or any item that conceals their identities with the intent of intimidating any person or group, or for the purpose of evading or escaping discovery, recognition, or identification in the commission of violations of University policy or regulations, or municipal, state, or federal laws.
14. Use of University Property for commercial purposes is prohibited unless prior written permission has been obtained (see Sections Solicitation or Transactions for more details).

Cal Poly Pomona believes the search for knowledge requires the freedom to speak openly about concerns and issues. All students and employees of Cal Poly Pomona, members of the Cal Poly Pomona campus community, and members of the public are free to lawfully exercise their constitutional right to freedom of expression on University Property. Free speech and expressive activities include, but are not limited to, pure or symbolic speech, assembly, meetings, demonstrations or rallies, picketing, petitioning, distributing flyers, mime and theater, music and singing, survey research, and religious or political activity. The University may establish reasonable time, place, and manner regulations regarding the use of its public facilities, buildings, and grounds to ensure individuals and groups exercising their legitimate rights do not infringe on the rights of others or disrupt the educational process or other University business or operations.

The exercise of freedom of expression and assembly rights must comply with all applicable federal, state, and local laws. Illegal speech activity not protected by the First Amendment or by this Order includes, but is not limited to, defamation, obscenity, terrorist threats, false advertising, and the promotion of actual or imminent violence or harm.

Time, Place, and Manner Regulations

Reasonable time, place, and manner regulations on the use of public forums are permissible, provided they are carefully designed to:

1. Coordinate the appropriate use of a particular location for free speech/expressive activities and not to prohibit particular forms of expression;
2. Serve a significant government interest and are not more extensive than necessary to serve that interest; and
3. Leave open ample alternative channels for communication of the information. They must be clear and specific enough to place the public on notice as to exactly what is authorized and what is forbidden.

General Regulations

• Scheduled events take precedence over spur of the moment activities.
• Because an event with amplified sound may interfere with classes in session and/or other activities, sound amplification is generally limited to times when classes are not in session (see Amplified Sound for details).
• Activities that restrict or disturb University business or operations are generally prohibited or closely monitored and as such, may be directed to cease should it be reasonably determined that such activity is restricting or disturbing the routine business of the University.
• The Office of the Vice President of Student Affairs can provide further information about issues of free speech and expressive activities. The Office of the Vice President of Student Affairs also maintains copies of the University’s posting and vendor policies.

This section of the policy applies to Major Events that are scheduled, organized, or supervised by any campus member or third party groups over which those users have authority to decide whether to hold the event or to determine the scope of the event. For purposes of this policy, supervision is defined as direct, on-site responsibility for the event. Only University employees acting in the course and scope of their University employment may supervise a departmental event.

Major Events are events at which one or more of the following conditions apply:

1. Over 200 persons are anticipated to attend;
2. Authorized campus officials determine that the event requires ticketing or entry by invitation only;
3. Authorized campus officials determine that the complexity of the event requires the involvement of more than one campus administrative unit;
4. Authorized campus officials determine that the event is likely to significantly affect campus safety and security or significantly affects campus services;
5. Authorized campus officials determine that the event has a substantial likelihood of interfering with other campus functions or activities;
6. Authorized campus officials determine the event requires review and permitting from the state fire marshal;
7. Alcohol is intended to be served or consumed; or
8. Outdoor amplified sound will be used.

Any determination by authorized campus officials that an event constitutes a Major Event under items 2, 3, 4, 5 or 6 above shall be based on the officials’ assessment of information, other than the content or viewpoints anticipated to be expressed during the event. The University reserves the right to classify any proposed event a Major Event subject to this section of the policy, consistent with the definition set forth above. Event host or sponsors are encouraged to consult with the appropriate University contact at the earliest possible time if they have any question whether their event may be classified as a Major Event.

Groups must schedule and register Major Events within 25Live (excluding Non-commercial solicitation events as defined below) at least eight weeks or more prior to the Major Event. Requirements for scheduling are detailed in the procedural guide linked below. 

An academic or administrative department is required to work through License of Facilities when co-sponsoring a Major Event with a third party groups or authorizing use of its facilities under its control for events sponsored by a third party groups. Per EO 1000, the requirements of this Major Events section of the policy will apply, including the requirement to reimburse security and other costs incurred by the University.

Non-commercial solicitation events, occasioned by news or issues coming into public knowledge, may be held on campus without advance permission so long as the event adheres to all University policies, held outdoors, and the restrictions outlined herein. Recognizing the University is a part of the community it serves, the University will attempt to accommodate and provide access to outdoor University space/facilities that are available and which do not interfere with scheduled events/programs.

Link to detailed version of Major Events Procedural Guide (PDF)

1. Minimize risks to the health and safety of the event participants, audience, and campus community;
2. Minimize risks and physical damage to the campus and surrounding community;
3. Maximize the ability of the event sponsors to successfully hold the event; and
4. Protect the exercise of First Amendment rights by all participants and the public.

Amplified sound is defined as any sound broadcast through electronically amplified equipment or electronically enhanced. Additionally, amplified sound may include sound enhanced with the aid of a device such as a megaphone, and the like.

The time, place, and manner restrictions apply to the use of amplified sound equipment on University grounds when classes are in session to protect the delivery of instructional programs and still provide an opportunity for a variety of student development and support programs. Guidelines for amplified sound are detailed in the procedural guide linked below. 

In general, the University does not encourage chalking as a method of communication, due to the negative environmental and resource impacts associated with it. Removal wastes water and runs the risk of introducing pollutants into the natural storm water removal network of campus streams. For these reasons, the University encourages members of the campus community to use other, more environmentally friendly modes of expression.

Requests to communicate via chalking will be considered only from RSOs, state-sponsored student programs and organizations, Cal Poly affiliated departments and auxiliary organizations, and those off-campus individuals or organizations that are co-sponsored by a recognized University organization. The Office of Student Affairs maintains administrative responsibility for all posting and chalking on campus.

Detailed regulations specific to chalking, posting and signage can be found below. 

Link to detailed version of Chalking, Posting and Signage Procedural Guide (PDF)

Non-commercial solicitation, such as seeking donations or fundraising sales for non-commercial ventures, shall be permitted on campus subject to the time, place, and manner regulations set forth in this Order. A detailed version is linked below. This Order is not intended to curtail activity around collective bargaining.

Commercial solicitation on campus is prohibited unless prior written authorization has been obtained from the University President or designee. Persons wishing to engage in commercial solicitation on campus grounds may be granted permission (maximum of five (5) business days per academic term) if the proposed activity is conducted in accordance with the time, place, and manner regulations established below, unless such solicitation would be in violation of law or University/CSU policy. Contact the Office of the Vice President of Student Affairs to obtain authorization via the studentaffairs@cpp.edu email.

The time, place, and manner regulations and the approval process for non-commercial and commercial solicitations do not apply to fundraising activities of recognized student clubs/organizations, staff/faculty organizations, or auxiliary organizations. A registered club/organization’s on-campus advisor is responsible for oversight of the club/organization’s fundraising activities and ensuring appropriate approvals are obtained.

Commercial transactions including, but not limited to, sale of books, newspapers, magazines, pamphlets, or similar published materials, and the display of property or services for sale on university Property are prohibited unless proper written authorization has been obtained from the University President or designee. Persons or organizations wishing to engage in legal commercial transactions or display goods or services for sale on University Property may be granted permission (maximum of five (5) business days per academic term) if the proposed activity furthers the educational objectives of the campus and is conducted in accordance with the time, place, and manner regulations established by this Order. A detailed version is linked below.

University auxiliary organizations, registered student clubs/organizations, and faculty/staff organizations may engage in non-commercial and commercial transactions on campus in accordance with this Order. 

Contact the Office of the Vice President of Student Affairs (studentaffairs@cpp.edu) for information and approval.

The display or distribution of books, newspapers, magazines, pamphlets, or similar materials is permitted on campus subject to the time, place, and manner regulations established below, provided such materials do not: (1) violate applicable laws including those pertaining to obscene matters; or (2) consist of term papers, theses, or other materials used to engage in academic dishonesty, including, but not limited to, plagiarism and cheating, or that would violate the Student Conduct Code.

The time, place, and manner regulations and approval process for display or distribution of materials outlined in the Procedural Guide below applies to off-campus groups or persons while on campus, including commercial vendors or solicitors. Designated locations and procedures for displaying or distributing materials on campus may be acquired through the Office of the Vice President of Student Affairs (studentaffairs@cpp.edu).

Link to detailed version of Display or Distribution of Published Materials Procedural Guide (PDF)