02.370 Policy On Demonstrations

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.

Authority:

Chancellor

History

Updated, March 11, 2025; Updated February 13, 2025; Established August 13, 2024

Source of Authority:

UNC Policy 1300.8 Policy on Free Speech and Free Expression Within the North Carolina System; UNC Code, Section 502

Responsible Offices:

Division of Student Affairs, Office of General Counsel, and Business Affairs

Policy Details:

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.
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 Ģ��ý's need to maintain safety, protect property, enable the University's operations to be performed, and fulfill its educational mission.
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.
Safety Rules for Demonstrations

The following actions and items are prohibited:
1. Alcohol and/or illicit drugs;
2. Attaching signs, posters, boards, paper, or other forms of communication on any surface;
3. 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;
4. Fireworks, explosives, fires, or open flames;
5. 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);
6. Except as specifically permitted by the university for health or religious reasons, wearing of masks, hoods, or other devices to disguise a person to conceal identity on public property (N.C.G.S. § 14-12.8);
7. Climbing over or through crowd control barriers;
8. Throwing of any objects or substances;
9. Damaging or defacing property;
10. "Camping," unless expressly approved by the University in connection with a ticketed event or for emergency purposes. Camping includes but may not be limited to:
  1. the attempted or actual use of temporary or permanent living quarters at any location on University property other than residential units;
  2. use of tents, sleeping materials, or temporary or permanent structures not approved by the university;
  3. sleeping outdoors on University property with or without bedding, tent, hammock, tarp, or similar device, protection, or equipment;
  4. sleeping in, on top of, or under any parked vehicle on University property;
  5. establishing or maintaining outdoors, or in or under any structure not designated for human occupancy, at any time during the day or night, a temporary or permanent place on University Property for cooking, storing of personal belongings, or sleeping as demonstrated by setting up of any bedding, sleeping bag, mattress, tent, hammock, or other sleeping equipment, or by setting up any cooking equipment that has not been approved by the appropriate University health and/or safety officer.
11. Selling of any items and/or soliciting of funds (see Code of Student Life, Solicitation Policy);
12. Use of any sound or image amplification device(s) except as permitted by the university;
13. Interfering with the safe ingress and egress of campus buildings;
14. The expressive activity substantially interferes with or materially and substantially disrupts the institution's missions, as set out in Section IV of Section of the UNC Policy Manual.
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 permitted amplified sound will be used, must be registered with the Department of Campus Life prior to the event. In compliance with UNC System policy, at least 24 hours' notice should be given to the campus administration and the appropriate campus safety official of the intent to gather in indoor spaces located on campus or in specified outdoor areas for purposes other than university-sponsored instruction, classes, or research. These reasonable time, place, and manner restrictions tailored and crafted by the campus shall empower campus officials to prepare for and ensure the safety of students and other community members. 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.
Grounds/Outdoor Areas

All individuals are required to respect outdoor spaces' normal closure times. Unless otherwise posted/approved by the university, demonstrations by university-affiliated faculty, staff, students or registered student organizations may be held at designated exterior spaces between the hours of 7am and 11pm. Demonstration activities coordinated by non-UNCW individuals or groups with approved requests for expression consistent with Policy 02.340, demonstrations are restricted to 11am-4pm, Monday through Friday. 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.
Consistent with UNCW System Policy, any UNCW student cited or arrested by law enforcement authorities or cited by another UNC System institution for engaging in misconduct, disruption, trespass, or other conduct creating a public safety threat to the student or others is subject to disciplinary proceedings at UNCW.

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