Virtual Case Study Elizabeth Saenz, Magdalene Miranda, and Stephanie Moran University of Texas at El Paso

Current Situation Currently, the Student Affairs Department has no updated plans, guidelines, or processes in place that address the requirements/obligations of student organizations in regards to planning events and inviting guest speakers to the university. Student Organizations hold full responsibility- meaning they make decisions, plan events, and invite guest speakers with little to no oversight. Additionally, they are not held accountable for problems that arise as a result of their events. These events have lead to inappropriate conduct from both students and guest speakers. This chaotic environment can lead to dangerous situations which the university may be held liable for.

Proposed Changes- Oversight Committee A committee will be created which will be responsible for the creation and enforcement of new policies. The committee will report to the VP of Student Affairs. Effective immediately, the committee will have complete oversight over student organizations and will put in place new regulations in regards to event planning and guest speakers. The committee is responsible to educate the student organizations as well as to hold them responsible in the case that the organizations are not following guidelines and regulations.

Orientations Orientations will be provided to student organizations at the beginning of each semester to guide and educate the organizations on the new policies that the committee will put into place. Student leaders from each organization will be required to attend the orientations and will be responsible for conveying relevant information to the organization as a whole. Handbooks with the Code of conduct as well as the organization's rights and responsibilities will be given during orientation, thus attendance is highly important.

Trainings The committee will be in charge of creating mandatory trainings for every registered student organization. Each organization must send at least two representatives to the scheduled trainings to make sure that the organization is up to date with the latest policies and regulations, review safety protocols and create preparation plans in case of future incidents. Trainings will also serve as a networking event in which student organizations can work collectively to impact current policy and present any questions/concerns before the committee.

Trainings Cont. It is the responsibility of the organization’s representatives to ensure that the rest of the organization is aware of the information presented during the orientation and training sessions. Copies of all the material will be given to each representative, with the intent that the information will be passed on to the rest of the organization. The representatives have 10 working days after the scheduled training to inform the rest of the organization on the material covered, and will have to submit acknowledgement of receipt from all organization members to the committee. (Appropriate forms will be provided by committee during training sessions)

Approvals Request forms for future events including fundraisers and guest speakers will be provided by the committee during the trainings, and the student organizations are responsible for submitting the completed forms in a timely manner for committee review. The committee will hold a holistic review of all requests provided and will be in charge of either approving or denying the request. The committee can also suggest changes where they may see fit.

Enforcement Failure to attend orientation and trainings will place the organization on a probation period in which the organization will be prohibited from participating in or organizing events during the semester. Furthermore, failure to provide necessary proof that the student organization has trained all of its members will result in probation until all signed documentation is turned in to the committee.

Request for Prior Approval for a Guest Speaker Document from the requesting organization displaying a legitimate and reasonable justification for the guest speaker. Must include background information, subject matter in which the requested is considered qualified to speak on, and what the organization hopes to accomplish with the guest speakers presentation. Document must be submitted to the committee for review 6-weeks before the requested date. The committee will provide a judgement within 10 business days.

Request for Prior Approval for a Guest Speaker Cont. Once approved the committee will provide the organization with a digital copy of the university code of conduct and the Agreement and Guidelines for Speakers. The guest speaker must sign the agreement acknowledging acceptance of the terms and receival of the university code of conduct and the understanding that they must abide by the code of conduct while a visitor of the university. This must be returned to the committee within 5 business days.

Agreement and Guidelines for Speakers If the Request for Prior Approval for a Guest Speaker is approved the speaker and the organization representative must agree to the following terms and conditions to be eligible for speaking on campus: The purpose of speakers is to educate and share their body of knowledge. Materials and presentations must not disparage any culture, race, gender, sexual preference, gender identity, national origin, or religion. Factual information on politics, religion, culture, or ethnicity are permitted if deemed appropriate for the purpose of an organization's topic; however any attempts to convert are not permitted.

Agreement and Guidelines for Speakers cont. All information presented must be accurate and factual. Any opinions must be identified as the opinion of the speaker. Appropriate attire, language, and behavior are required. Guest speakers are held to the same standards as the university code of conduct. Failure to adhere to the expected decorum can result in banishment and place the sponsoring organization on a 1-year probationary period. Violence is not permitted. Any attempts at creating chaos, inciting a riot or damaging property will not be tolerated. Respect others rights to hold beliefs and opinions that are different from yours. It is acceptable to challenge or respectfully criticize the idea but personal attacks will not be tolerated.

Agreement and Guidelines for Speakers cont. The organization must prepare the community by informing them of the purpose of the presentation in advance by advertisement. This allows the community the opportunity to decline attending speakers that can be of offense or distaste. School officials, campus police or city police have the right and the responsibility to interrupt the presentation to stop the presentation for any violation of this agreement if deemed necessary. Failure to abide by guidelines will terminate function.

Organization Acknowledgement of Accountability and Responsibility The agreement to guidelines includes a signature of acknowledgment from the organization representative. Failure to adhere to the guidelines will result in an automatic 1 year probationary period for events, speakers, and fundraisers. This can be appealed to the committee if the organization believes the the actions of the speaker were not allowed for, corroborated by, or approved of by the organization. If the committee agrees that the organization was not a party to or incapable of preventing the speaker's actions the probationary period can be eliminated.

Protection of Free Speech Protection and avoidance of inappropriate and or hostile behavior(s) Protection and creation of a conducive environment Outcomes and Protection of all Parties in any event in or around the University

Amendment I As a committee, we need to insure that all parties are protected under the 1st amendment. During the training and orentiations provided to leaders of student organizations, that under our committee plan must complete for compliance, all parties are aware what the 1st amendment protects and does not protect. First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” - U.S Constitution, 1798

Amendment 1 Free Speech In the 1st amendment there are five basic freedoms that are guaranteed in the Bill of Rights in the U.S. Constitution, which are; Freedom of Religion, Assembly, Petition, Press, and Speech. The committee will focus on speech but implies assembly, petition, press, and even religion (if speaker or organization is based on religion). Since the University is a “public forum” its facilities like classrooms, theaters, auditoriums, and sidewalks, etc., can be used by student organizations and speaker(s) that the student organization(s) invite under Rosenberger v. Rector and Visitors of the University of Virginia (No. 94-329).

Amendment 1 Free Speech There are some category of speech that are not protected by the 1st Amendment, for example, in “Advocacy of illegal actions” explained in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. (Ryan, 2009) In other words, promoting breaking any federal or state law, for example, smoking, injecting, or consuming any illicit drug.

Amendment 1 Free Speech Continued “Fighting words” is another category not protected under the 1st amendment under the U.S. Constitution. The Supreme Court in the case of Chaplinsky vs. New Hampshire, 315 U.S 568 (1942) stated “by their very utterance, inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." (Ryan, 2009) In other words, speaker(s) should not promote and utter violence, or inflicting injury or death on to any specific groups and individuals.

Amendment 1 Free Speech Continued Obscenities is another category not protected under the 1st amendment in the U.S. Constitution. In this category the Federal Supreme Court emphasis that in this matter the state government and district court(s) should manage these cases since communities and social environment differ in views. Many court cases examples with concern of obscenities is based on “community standards” for example what children should and should not be exposed to online and in any “public form.”

Avoiding Inappropriate or Hostile Behavior As a committee, we will provide a detail orientation on rights, responsibility, and guidelines of third-party guest speaker(s) and events. Ensuring student leaders are goal is not to infringe on their first amendment but to merely have events or activities on any topic be avoidance of inappropriate or hostile behavior and in a conducive environment. After orientation, leaders of student organization will be asked to complete a training on how to complete and organize their activities and or speaking engagements, in accordance to all guidelines including not limited to; Request for prior approval documentation, Speaker and Student organization reading and signing agreeing to the University's code of Conduct, and Acknowledgement of Accountability and Responsibility form.

Promoting Conductive Environment During student leader training, they will be advised the correlation between certain guidelines and rights (1st amendment) that protect them as an organization and also what guidelines and rights protect other students, faculty, staff, and the rest of the university community. Once student organization have completed orientation, guidelines completion training, forms, and requirements. Student leader and organization MUST create a plan of action for emergencies. For example: a map of location and exits, A plan for students, volunteers, and officers (recommended) if certain scenarios occur for instance a shooting, a riot, speaker goes off topic and becomes inappropriate or hostile, or audience member becomes aggressive. Always have a plan B to ensure student and speaker safety.

Conclusion/Overview As campus and committee mandating these procedures and guidelines are simple to protect the student organizations, their speaker(s), other students, faculty, staff, and the community’s safety and rights protected under the 1st amendment and the university’s code of conduct. These procedures and guidelines will ensure no matter the speaker or cause that violence or disruption do not occur again or without consequences.

References Ryan, M. M. (2009, October 11). Brandenburg test. Retrieved February 17, 2018, from https://www.law.cornell.edu/wex/Brandenburg_test Weathered, S.L. & Schnieder, L.V. (2018). City Meetings and the First Amendment. Retrieved from https://www.tml.org/legal_pdf/FirstAmend.pdf