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This policy of the Tennessee Board of Regents shall be applicable
to all institutions in the State University and Community
College System of Tennessee. The colleges and
universities in the State University and Community College
System recognize the right of officially recognized student
and faculty organizations and groups to hear off-campus or
outside speakers on the various campuses. However, there is
no absolute right to assemble or to make a speech at any
time or place regardless of the circumstances, content of
speech, purpose of assembly, or probable consequences of
such meeting or speech, and the issuance of invitations to
off-campus or outside speakers for any meetings, activities
or events on campus shall be limited in the following particulars:
- A request to invite an outside speaker will be considered
only when made by an officially recognized student organization
or a faculty group recognized by the President of the
college.
- No invitation by such an organized group shall be issued
to an outside speaker without the prior written approval of
the President of the institution, or such person as may be
designated by him (hereinafter referred to as his authorized
designee); provided that the President of an institution may
authorize organizations to invite guest speakers for meetings
of the organization without prior approval where attendance
at the meeting will be limited to members of the organization
and where no fee or compensation will be paid to the
speaker.
- Any student or faculty organization meeting for which an
outside speaker will be invited will be limited to members of
the organization, provided that a request to invite an outside
speaker may include a request to permit students or
faculty members who are not members of the organization
initiating the quest, and/or other designated guest, to attend
the meeting.
- A request to invite an outside speaker to whom any payment
would have to be from college or university funds is
subject to the availability of funds specifically programmed
for that purpose, and no payment of any funds shall be made
except pursuant to the Tennessee Board of Regents’ Guidelines
for Personal Service, Professional Service and Consultant
Service contracts. In the event any college or university
funds are approved for payment, the meeting for which the
outside speaker will be invited should be open to all students
or all faculty members, or both, unless otherwise designated
on the approval of the request.
- Any speaker request shall be made in writing by an officer
of the student or faculty organization desiring to sponsor
the proposed speaker not later than ten (10) days (excluding
holidays and weekends) prior to the date of the proposed
speaking engagements; provided that the President or his authorized
designee may approve exceptions to the minimum
notice requirement in appropriate cases; and further provided
that in the event the proposed outside speaker will be paid a
total fee and expenses in excess of $2,500 the request must
be submitted no later than thirty (30) days prior to the date
of the proposed speaking engagement. The request shall
contain the name of the sponsoring organization, the proposed
date, time and location of the meeting, the expected
size of the audience, the name and address of the proposed
speaker, and the topic of the speech. Any request not acted
upon by the President of the college or university or his
authorized designee, within five (5) days (excluding holidays
and weekends) prior the event shall be deemed denied.
- Any speaker request is subject to the availability of the
requested meeting place for the meeting time and date requested.
In the event the space requested is not available
for the requested time and date of the meeting, or is otherwise
inappropriate for the proposed meeting or the requested
speaking engagement would cause substantial
interference with the normal activities of the institution if
conducted at the time and place requested, alternative
meeting space which is available may be offered by the institution,
or the sponsoring organization is free to request
a more suitable date. Any space which is approved for a
meeting is subject to limitations on the number of persons
who may attend in accordance with appropriate building
and fire codes and safety standards.
- A request for an outside speaker by a recognized organization
may be denied if the President of the college or university,
or his authorized designee, determines that the
proposed speech will constitute a clear and present danger
to the institution’s orderly operation by the speaker’s advocacy
of such actions as:
-
The violent overthrow of the government of the United
States, the State of Tennessee, or any political subdivision
thereof; or
- The willful damage or destruction, or seizure and subversion
of the institution’s building or other property; or
- The forcible disruption or impairment of, or interference
with, the institution’s regularly scheduled classes, or other
education functions; or
- The physical harm, coercion, intimidation, or otherwise
invasion of lawful rights of students, staff, or faculty; or
- The incitement of violence due to its inherently offensive
nature (i.e., ‘fighting words’ or traditional hate speech)
or
- The obscenity (appeals to the obscene interest in sex; is
patently offensive; and lacks serious literary, artistic, or
political, or scientific value) or profanity is such that it
causes disruption to the normal operations of the college,
or
- Other campus disorder of a violent nature, provided such advocacy
would prepare the group addressed for imminent
action and steel it to such action, and further provided there
is a reasonable apprehension of such imminent lawless action.
In determining the existence of a clear and present
danger, the President of the institution or his authorized
designee, may consider all relevant factors, including whether
such speaker has, within the past five (5) years, incited violence
resulting in the destruction of property at any college
or university.
- In the event that a request for an outside speaker is denied
by the institution, any sponsoring organization thereby aggrieved
shall have the opportunity to appeal the denial.
A written appeal to the President of the institution, or his authorized designee, must be submitted within 24 hours
of the initial denial to approve the request, and the organization
will be provided a hearing within two days (excluding
holidays and weekends) following the filing of its
appeal before an impartial committee designated by the President
or his authorized designee. The committee shall be
authorized to make appropriate findings of fact related to
the request, and shall make and transmit such findings to
the President within said two day period. The President
shall review the findings of the committee, and solely on
the basis thereof, shall grant or deny the request within 24
hours (excluding holidays and weekends) from receipt of the
findings of the committee.
- In the event of a proposed meeting which may be attended
by individuals having strong emotional feelings or where
there is a reasonable possibility that a speaker, members of
an organization, or others may violate federal/ state/local
laws or campus regulations in the course of a meeting, the
President or his authorized representative shall prescribe reasonable
conditions for the orderly and scholarly conduct of
the meeting. Such conditions may include limiting attendance
to the membership of the organization, appointing
one or more officials of the institution to preside over the
meeting, authorize a search of all persons entering the area
of the meeting, and such other conditions as the institution
deems appropriate.
- The representative of the organization inviting the speaker
shall at the time of the invitation provide the speaker or his
or her agent with a copy of this speaker policy and campus
regulations. By acceptance of the invitation, the speaker
shall assume full responsibility for any violation of law or
campus regulations committed by him or her while on campus.
- Any meeting, assembly or other activity to which an
outside speaker may be invited is subject to all requirements,
conditions and approvals set forth in any policy of the Board
and/or the institution concerning the use of campus property
and facilities.
Requests for approval of guest speakers at Northeast State
should be submitted using the “Campus Organization Request
for Special Activity” form available from the Center of
Student Development and Activities, A212 of the Student
Services Building.
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