Free Speech & Assembly

Yuba Community College District has a tradition of being an open forum for the expression of political and social ideas. While the College and its Police Department recognize the rights of individuals to engage in constitutionally protected free speech and public assembly, this activity must be conducted in a reasonable and responsible manner.

The College recognizes the right of students to free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia, except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to the commission of unlawful acts on district premises, or the violation of lawful district regulations, or the substantial disruption of the orderly operations of the district is prohibited. (See Educ. C. §76120)

Normally, literature or publications to be distributed on campus will be registered with the Associte Dean for Activities at least 48 hours prior to distribution. Under no circumstances may distributors interfere with the right of others to take or not to take the literature, freely circulate about the campus, and enjoy their other personal rights free of harassment.

All daytime non-class activities will normally be held during "college hours" between 12 noon and 1 p.m. on Tuesdays and Thursdays. The place normally will be the theater if weather permits; otherwise the Associate Dean for Activities will schedule the activity in the most appropriate available space, avoiding conflicts with classes and other previously scheduled activities. The Associate Dean may schedule other hours only when he or she is convinced that the activities will not interfere with the holding of classes and other normal college activities.

The Office of Student Services, Building 300, has copies of the Student Code of Conduct, which explain the "time, place and manner" rules governing public forums and rallies. Organizations can meet with a representative from the Police Department and Office of Student Services to discuss the nature of their demonstration activities and be informed of their responsibilities and options.

Off-campus individuals, groups or activities, whether sponsored by the students, faculty, off-campus groups, or individuals, shall be scheduled through the Student Activities Office as provided in Section 8 of the President’s Office Handbook of Administrative Rules and Regulations. Normally, ten (10) working days’ notice will be required in order to schedule such activities.

• Organizations should appoint easily recognizable monitors with sufficient numbers and authority to control the activities of the group.
• Groups should appoint a spokesperson to liaision with the police to enhance cooperation and communication.
• In the event of misdemeanor arrests, demonstrators will be cited and released according to established police procedures. If the charge additionally requires booking at the county jail, those arrested can expect the process to take 3–4 hours.
• To meet release conditions, demonstrators should:
  • Be at least 18 years of age
  • Possess a valid California picture identification
  • Have no outstanding traffic or arrest warrant(s)
  • Possess no weapons or contraband
  • Follow the directions of the arresting officer(s)
  • Not engage in passive or active resistance
  • Not threaten or fight with the arresting officer(s)
  • Not engage in any criminal activity (assaultive behavior, property destruction)

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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