Original Issue Date: September 11, 1998
Revision Date: April 18, 2022, August 6, 2024
Issued By: James Pillar, Ed.D. Vice President for Student Life
Approved By: President and Direct Reports
As a private, comprehensive, teaching-oriented institution of higher learning, committed to service in the public interest, lifelong learning, and the enhancement of the quality of life, Monmouth University recognizes the importance and encourages the free interchange of ideas and the expression of differing points of view. At the same time, the University expects such expression to be carried out responsibly and peacefully and in accordance with University policies and procedures, as well as local, state, and federal laws.
Whenever a member of the Monmouth University community, (faculty, staff, or student) violates these policies, that individual may be subject to University discipline and/or possible arrest. Whenever a nonmember of the University community violates these policies, that individual may be subject to removal, ban, and/or possible arrest. Decisions to invoke University disciplinary action or arrest in the course of an expressive activity will be made after due warning and whenever, possible, such decisions will be made by officials of the University.
Expressive activities, both spontaneous and/or planned will be permitted as long as these activities do not interfere with the orderly operation of the University or impinge on the safety, freedom or right of privacy of other students or members of the University or local community.
This policy applies to all buildings, grounds, and other spaces owned or controlled by Monmouth University. The term “Expressive Activity” includes:
- Speeches, performances, demonstrations, rallies, vigils, and other events by employees, unions, students, student organizations, and outside groups;
- Distributions of literature, such as leafleting and pamphleting; and
- Any other expression protected by the First Amendment to the U.S. Constitution.
National Labor Relations Act Rights
Nothing in this policy shall be interpreted, applied or enforced to interfere with, restrain or coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act. Section 7 of the National Labor Relations Act (the Act) guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities.”.
Expressive Activity Guidelines
While Monmouth University does not regulate the content of speech it can set forth reasonable time, place, and manner restrictions. Monmouth University reserves the right to limit, disallow, or disband an expressive activity which incites immediate or imminent violent action or represents a clear and present danger to the campus community, or in the cases where the expressive activity disrupts classwork or University business, involves substantial disorder, obstructs roadways which may inhibit access for emergency vehicles.
- Individuals and/or groups engaged in expressive activity are responsible for picking up any printed materials and/or other debris dropped on the ground around the areas of distribution or other litter resulting from the activity. The University may charge such individuals and/or groups a reasonable clean up fee if they fail to do so.
- Overnight camping is not a form of expression and therefore, will not be permitted without prior permission from the Dean of Students Office. This decision will be made in consultation with the appropriate University officials.
- Walk through protests will be limited to outdoor areas and subject to prior route approval by the Monmouth University Police Department.
- All participants must comply with the directions of University officials or law enforcement officers acting in performance of their duties.
- Individuals engaged in expressive activity are prohibited from wearing full-face coverings with the exception of religious face coverings (i.e. burkas). Full face coverings intended to disguise an individual are not allowed. This is not a free speech issue. It’s a public safety imperative. Individuals are permitted to wear medical mask to prevent the spread of viruses like Covid.
- The University reserves the right to terminate any member/non-member activities under this policy and remove from the expressive activity location those individuals or groups who violate any of the provisions of this policy. When activities impinge on the rights and freedoms of others, the University will take action under this policy to address this behavior and activity accordingly.
- The University reserves the right to limit the location and size of the expressive activity area to that which is suitable under the circumstances, including but not limited to expected attendance.
- Disruptive conduct on University property is prohibited. Disruptive conduct includes, but is not limited to, the following:
- Interfering with University operations, activities and/or events.
- Preventing access to or egress from offices buildings or other University property. Protests held during the course of scheduled University events shall not impede physical access to such events.
- Failing to comply with the directions of University officials.
- Creating a threat of physical harm to persons or damage to University property
- Exceeding building and/or reasonable outdoor site capacities as determined by the University or the City of West Long Branch
- Generating noise levels that disrupt normal University operations.
- Approved Locations for Expressive Activity:
- Outside Pollak Theater
- Nagy Common
- Torcivia Common
- Shadow Lawn
- Guggenheim Library lawn
* Location is within the sole discretion of the University and based upon availability. *
Demonstrating a Campus Speaker or Event
When an invited speaker or event is the focus of the protest, individuals may engage in expressive activity and/or leaflet outside the location of the scheduled program within a designated area established to prevent minimal disruption to the scheduled speaker or event. Those entering the event as members of the audience must not substantially interfere with the program. Demonstrators may not hinder the ability of participants to enter or exit the event. Individuals who disrupt the event may be asked to leave. Signs and/or placards may only be permitted in the back of the room so not to impede the sight-line of audience members.
Role of the Monmouth University Police Department
The primary role of the Monmouth University Police Department (MUPD) is to ensure the safety of the campus community. MUPD supports community members to exercise guaranteed rights and is committed to working with staff, faculty, students, student groups/organizations, and non-members to provide education and consultation on University policies, applicable laws, and safety and security procedures. MUPD is available to meet with staff, faculty, students, student groups/organizations, and non-members to discuss issues and concerns that may arise before or after an expressive activity.
Expressive Activity Request Process
All members of the University community planning an expressive activity on University property should contact the Dean of Students Office for guidance and information. An expressive activity form MU – Expressive Activity Request | Forms | Home | Etrieve | Central (monmouth.edu) must be submitted to the Dean of Students Office for review and approval at least two (2) business days before a scheduled expressive activity is to occur. If the event will take place in less than two business days, please fill out the form and contact the Dean of Students Office immediately at 732-263-5218.
Outside individuals or groups who wish to engage in an expressive activity should contact the Monmouth University Police Department at (732) 571-4444, who will work with the Dean of Students Office to determine whether approval for the proposed expressive activity shall be granted and, if approved, to arrange a location, date, and time. An expressive activity form must be submitted to the Dean of Students Office for review and approval at least five (5) business days before a scheduled expressive activity is to occur.
The following offices may be contacted for assistance:
Dean of Students Office – (732) 263-5218
Monmouth University Police Department – (732) 571-4444