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Introduction
The University exercises its right to establish and enforce reasonable restrictions on the time, place, and manner of protests, demonstrations, and other expressive activities, consistent with safety and its educational mission. Demonstrations may be held at designated exterior spaces so long as they do not disrupt the normal operation of the University or infringe on the rights of other members of the University community. Campus visitors and guests may assemble and express themselves consistent with Policy 02.340 Freedom of Expression by Non-University Sponsored Individuals or Groups Policy.
Applicable laws, policies, and resources related to freedom of expression at UNCW may be located on the university’s Freedom of Expression (FoE) webpage.
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Purpose
The University of North Carolina Wilmington honors and fosters the First Amendment rights of students, faculty, staff, and campus visitors, including the right to peacefully assemble and demonstrate. These rights must be balanced with UNCW's need to maintain safety, protect property, enable the University's operations to be performed, and fulfill its educational mission.
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Scope of Applicability
This policy applies to students, faculty, and staff of the University, as well as any visitors, and applies to UNCW owned or leased properties.
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Safety Rules for Demonstrations
The following actions and items are prohibited:
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Alcohol and/or illicit drugs;
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Attaching signs, posters, boards, paper, or other forms of communication on any surface;
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Weapons (including but not limited to firearms, metal pipes, archery arrows, knives, blunt objects, hammers, baseball bats) or other materials that may pose a safety hazard as determined by UNCW Police, or are in violation of law;
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Fireworks, explosives, fires, or open flames;
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Motorized vehicles including any gas powered or electrical conveyances of any type (except as permitted by campus policy and on areas of campus designated for traffic or parking);
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Wearing of masks, hoods, or other devices to disguise a person to conceal identity on public property (N.C.G.S. § 14-12.8);
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Climbing over or through crowd control barriers;
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Throwing of any objects or substances;
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Damaging or defacing property;
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Tents, sleeping materials, or temporary or permanent structures not approved by the university;
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Selling of any items and/or soliciting of funds (see Code of Student Life, Solicitation Policy);
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Use of any sound amplification device(s).
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Use of UNCW Buildings
Demonstrations inside UNCW buildings are prohibited. Participants in outdoor demonstrations should be aware that while some UNCW buildings are open to the public, depending on the nature of a protest, UNCW officials may deny access to UNCW buildings for reasons related to safety and security of property and people.
As stated in the Code of Student Life, Section V, Use of University Facilities, “Any peaceful assembly, protest or demonstration organized or sponsored by a RSO [registered student organization] where 50 or more people are expected to participate, or where amplified sound will be used, must be registered with the Department of Campus Life prior to the event. Whenever possible, at least 48 hours lead time should be given to allow the university adequate time to assess the need for, and arrange, security. However, this provision is not intended to limit the ability of students to engage in peaceful assembly, protest, silent distribution of literature or other similar activity when such lead time is not possible.”
The University prohibits activities other than pre-approved activities in facilities that are not open to the public or where University operations or hazardous activities are conducted. Such facilities include, but are not limited to, University laboratories, health care facilities, and industrial environments.
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Grounds/Outdoor Areas
All individuals are required to respect outdoor spaces' normal closure times. Unless otherwise posted/approved by the university, demonstrations may be held at designated exterior spaces between the hours of 7am and 11pm. If any individuals refuse to depart at such time after the direction of a UNCW official, they will be warned that they are trespassing and that they are subject to arrest. Should they choose to continue to occupy the space, they will be removed from the premises by UNCW Police and potentially arrested. For spaces without posted closure times, individuals are expected to be respectful of the surrounding area, such as residence halls, UNCW Library, and noise ordinances, and will be subject to arrest and trespass if they are asked to leave and fail to do so.
The University prohibits activities other than pre-approved activities in facilities that are not open to the public or where University operations or hazardous activities are conducted. Such facilities include, but are not limited to, University laboratories, health care facilities, and industrial environments.
