Free Speech & Assembly

The students of the District and members of the community shall be permitted to exercise their rights of free expression subject to the time, place, and manner policies and procedures contained in Board Policy 5550, these procedures and other applicable Board Policies and Administrative Procedures.

The colleges and campuses of the District are non-public forums, except for the areas designated by the Chancellor as designated public forums, which are generally available to students and the community as follows:

• Clear Lake Campus – the area between Buildings 400, 200, and 702.
• Woodland Community College – the central quad stage area between Buildings 200 and 700 and including the grassy area immediately north of the stage.
• Yuba College – the central area of campus surrounding Building 400 and bordered by Buildings 100B, 200, 500, 1100 and 300.

These areas are subject to the following:

• Persons using the designated area(s) and/or distributing material in the designated area(s) shall not impede the progress of passersby, nor shall they force passersby to take material.
• No person using the designated area(s) shall touch, strike, or impede the progress of passersby, except for incidental or accidental contact, or contact initiated by a passerby.
• Persons using a designated area shall not use any means of amplification that creates a noise or diversion that disturbs the orderly conduct of the college, campus, or classes taking place at that time.
• No persons using the designated area(s) shall solicit donations of money, through direct  requests for funds, sales of tickets, or otherwise, except where he or she is using the designated area(s) on behalf of and collecting funds for an organization that is registered with the Secretary of State as a nonprofit corporation or is an approved Associated Students organization or club.

All persons using the designated area(s) of the college shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter.  Such distribution shall take place only within the designated area(s).  Material distributed in the designated area(s) that is discarded or dropped in or around the designated area(s) other than in an appropriate receptacle must be retrieved and removed or properly discarded by those persons distributing the material prior to their departure from the designated area(s) that day.

Posting
Students shall be provided with bulletin boards for use in posting student materials at campus locations convenient for student use.  All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production and shall be dated with the date of posting.  Materials displayed shall be removed after the passage of 15 days.

Use of Designated Areas by Persons Who Are Not Students or Employees of the District

Members of the public are welcome to speak and/or distribute written materials within the designated area(s) of each campus subject to the time, place, and manner policies and procedures contained in Board Policy 5550, these procedures and other applicable Board Policies and Administrative Procedures.

Prior to speaking and/or distributing written materials, members of the public who are not students or employees of the District, shall provide notice of their intent to speak and/or distribute written materials to the Office of the President on each campus, or in the case of the Clear Lake Center, the Office of the Dean of the School.  This notice shall be provided at any time prior to the use of the designated area(s).  This notice shall include the person’s name and contact information and the dates and times he or she will be speaking and/or distributing written materials on campus.  This notice does not involve any application or approval process, and therefore, the ability to use the designated area(s) cannot be denied.  This notice is only intended to provide the College with knowledge of the community member’s presence on campus so the College can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated area(s).
 
Construction with Civic Center policies and procedures

Use of the designated area(s) to speak and/or distribute written materials shall not be construed as the use of a “facility” or “service” of the District and/or College pursuant to the Civic Center Act policies and procedures.  Therefore, a student or member of the community that wishes to speak and/or distribute written materials in the designated area(s) does not have to apply for or receive a permit prior to using the designated area(s). 

If a demonstrator is arrested for a felony violation, such as an assault on a police officer, that person may be ultimately booked into the Yuba County jail system (Marysville campus) Yolo County jail system (Woodland campus) or Lake County jail system, (Clear Lake campus). If this occurs, the detention time, bail, and court expenses could mount substantially, including a felony arrest record that will follow the student for life.

The following abbreviated California State Penal Codes are some of the most commonly violated in demonstration situations:

*834a PC
Resistance to arrest. If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace
officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.

*148 PC
Resisting/obstructing a police officer. Willfully resist, delay, or obstruct any public officer in the discharge or attempted discharge of their duties.

*407 PC
Unlawful assembly. Whenever two or more persons assemble to do an unlawful act, or to do a lawful act in a violent, boisterous or tumultuous manner.

*409 PC
Failure to disperse. Remaining present at the place of any riot, rout or unlawful assembly, after having been lawfully warned to disperse.

*602(j) PC
Trespassing with purpose to injure. Entering any lands for the purpose of injuring any property or property rights or with the intention of interfering, obstructing or injuring any lawful business.

*602.1 PC
Obstructing or intimidating public agencies or customers. Intentionally interfering with any lawful business open to the public by obstructing or intimidating those attempting to carry on the business, or their customers. Refusing to leave the premises after being requested to do so by the owner, the owner’s agent or by a peace officer acting at the request of the owner or agent.

*647c PC
Obstruction of street, sidewalk, or other public place. Obstructing the free movement of any person on any street, sidewalk or other public place or in any place open to the public.

*626.6 PC (a)
If a person who is not a student, officer or employee of a college or university and who is not required by his or her employment to be on the campus or any other facility owned, operated, or controlled by the governing board of that college or university, enters a campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to an officer or employee designated by the chief administrative officer to maintain order on the campus or facility, that the person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or his or her designee may direct the person to leave the campus or facility.

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