West Valley College
14000 Fruitvale Avenue, Saratoga, CA 95070 • Phone (408) 867-2200

TIME, PLACE, AND MANNER DISTRICT POLICY

 

The Colleges of the District are non-public forums, except for those areas designated as Free Speech Areas, which are limited public forums. The Chancellor or designee shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of free expression. The administrative procedures issued by the Chancellor or designee shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards designated for such use, the distribution of printed materials and/or petitions in those parts of the Colleges designated as Free Speech areas, and the wearing of buttons, badges, or other insignia. Students shall be free to exercise their right of free expression, subject to this District policy. Speech shall be prohibited that is defamatory, obscene (according to current legal standards), and/or which so incites others as to create a clear and present danger or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District. Nothing in this policy shall prohibit the regulation of hate violence, so long as the regulation conforms to the requirements of the law. Students may be disciplined for harassment, threats, intimidation, or hate violence as detailed in campus conduct policies unless such speech is constitutionally protected.

 

REGISTRATION PROCESS

All groups shall register with the Student Activities Office forty-eight (48) hours prior to their distribution of materials/collection of signatures for purposes of notification and coordination with grounds and facilities personnel. Upon registering, a copy of all materials distributed shall be provided to the Student Activities Office by the distributor along with the name and address of the organization responsible for the material, and the name(s) and addressees) of the person(s) performing the distribution. All groups and organizations that do register will be provided a receipt to verify their registered visit to the campus and should be ready to display this receipt when asked by college members. Consequences of failure to comply with college regulations include: (1) oral or written warning, or (2) civil restraining order limiting or prohibiting the group’s access to West Valley College.

 

REGISTRATION FORM

Campus Center Registration to Distribute Literature and/or Gather Petition Signatures.

CLICK HERE TO DOWNLOAD FORM  ^

 

PUBLIC FREE SPEECH DESIGNATED AREAS FOR WEST VALLEY COLLEGE

Pursuant to the provisions of California Educational Code, Section 76120, all persons using the free speech areas generally available to students and the community shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter.

West Valley College has designated the following areas as free speech areas:
  1. North Walk (with the exception of the creek bridge and adjacent parking spaces)

  2. Campus Center Walk

  3. Campus Quad (in front of EOPS building and behind District Services/President's Office

Areas of the college that are non-public free speech areas are indoor spaces which specifically include campus offices, restrooms, classrooms, warehouses, maintenance yards, and locker rooms. Also, groups must refrain from distributing flyers on parked cars in any of the college parking lots.

The District reserves the right to designate these areas as non-public forums as necessary to prevent the substantial disruption of the college. The following regulations are designed to increase opportunities to enrich the educational experience, to protect the constitutional rights of free expression, and to ensure that there will be no interference with the instructional program of West Valley College:

 

GROUPS OR INDIVIDUALS USING THE CAMPUS FOR FREE SPEECH SHALL NOT:

  • Force passersby to take material or continuously ask for a signature or other information from any passerby after the passerby refuses to sign or collect any handouts.
  • Intimidate, follow, touch, strike, or impede the progress of passersby, except for incidental or accidental contact, or contact initiated by a passerby (Penal Code 407).
  • Use any means of amplification that creates a noise diversion that disturbs or tends to disturb the orderly conduct of the campus or classes taking place at that time (Penal Code 407).
  • Solicit donations of money, through direct requests for funds, sales of tickets or otherwise, except where he or she is collecting funds for an organization that is registered with the Secretary of State as a non-profit corporation or is an approved Associated Students organization or club (Penal Code 647).
  • Prohibit members of the campus community to express their concerns and/or complaints regarding the topic of the literature or petition (Penal Code 602).

GROUPS OR INDIVIDUALS USING THE CAMPUS FOR FREE SPEECH SHALL:

  • Ensure that their trash and materials are removed or placed in appropriate receptacles prior to leaving the area where they were speaking or distributing materials. The college reserves the right to charge solicitors for trash and materials left behind and cleaned by custodial staff charged at $54.27 per hour.
  • Provide copies to the Campus Center of literature and/or the Solicitation of Petitions and/or the Gathering of Signatures. Materials with any of the following shall not be distributed to the college community:
    • Materials with smoking and alcoholic beverages

    • Materials indicating illegal activities

    • Materials with objectionable photos, illustrations and/or language

    • Materials promoting parties in private residences.

    • Materials with any information deemed obscene, inflammatory, or pornographic

Campus Center

Business Hours

  • Campus Center
    Phone: 408.741.4081
    M-TH 7:30-7:30 pm
    F 7:30 - 4:00 pm
  • Student Activities
    Silver Center
    Phone: 741-2006
    M-TH 9:00 am - 5:30 pm
    F 9:00 am - 4:00 pm
  • Cafeteria Service
    M-TH 7:30- 7:30 pm
    F 7:30 - 1:30 pm
    Drip Coffee Company
    also "Grab & Go" food
    Library
    M-TH 8:00-2:30pm
    Campus Center
    M - TH 7:30 - 7:30 pm
    F 7:30- 1:30 pm
    Bookstore
    Phone: 408.741.2015
    Bookstore Website
    M-TH 8:30am-5:30pm
    F 8:30-12:30pm
last published: 9/25/12 • validate xhtml css 508