Use of Campus Facilities

I. Scope

This policy applies to William & Mary as a whole university, including the Virginia Institute of Marine Science. 

II. Purpose

William & Mary respects and upholds the ideals of freedom of inquiry, thought, and expression.  The university is committed to allowing the exercise of constitutionally protected expression in the university-controlled  facilities and property while maintaining a safe atmosphere free from disruption.

The university has established requirements for use of its facilities and property in order to: (1) focus on its mission; (2) provide a safe environment; and (3) support academic, student life, and administrative functions.

III. Definitions

• Affiliated Persons means (1) Students who are registered or enrolled for credit-bearing coursework and who are seeking a degree or (2) university employees, consisting of faculty and staff, when they are acting outside their scope of employment.

• Individual(s) means anyone who meets the definition of an Affiliated Person or an Unaffiliated Person. Employees acting within the scope of their employment are acting on behalf of the university and not in their individual capacities.

• Non-traditional display means a three-dimensional presentation that cannot be posted on a public posting area. Examples include but are not limited to, A-frames/sandwich boards, temporary structures (including tents) and flag campaigns. The sponsoring RSO must be identified on the non-traditional display.

• Public Speaking means a speech or expressive activity directed to a general audience or non-specific persons. 
• Recognized Student Organizations means student groups officially recognized by the university through Student Leadership Development.
• Unaffiliated Person(s) means any person who is not an affiliated person whether acting in an individual capacity or on behalf of a third party (e.g. businesses, non-profit organizations, independent contractors). 
• University Facility means any defined space of the university, including but not limited to a room, lab, building, or controlled outdoor area. Most university facilities are dedicated to particular uses in support of the university’s mission.
• University Property means land the university owns, leases, or controls for use in connection with its educational mission and related activities.

IV. Policy

A. Use of University Facilities

The use of University facilities and property must: (1) not impede or disrupt student education, academic activities, research, scheduled events, university functions, residences, or the faculty/staff work environment; (2) be safe for participants and not generate security issues or unsanitary conditions; and (3) preserve the integrity and aesthetics of the university’s property.

All uses of university facilities and property must be conducted in a manner that complies with federal, state and local laws and does not hinder or impede the university’s mission. Such uses must comply with university regulations and policies and must not block pedestrian or vehicular traffic or impede normal university operations. Public speaking and distribution of literature under this policy is not considered speech made by, on behalf of, or endorsed by William & Mary..

B. Exclusions

This policy does not apply to: (1) use of university facilities and property for activities and official events sponsored by a university department or a university-related foundation; (2) use of university facilities and property by its employees acting within the course and scope of their employment; or (3) use of university facilities and property by vendors and other unaffiliated persons that have a contractual relationship with the university, in the course of the performance of the contract.

C. Access to and Use of University Facilities

1. Subject to university uses and reasonable, time, place, and manner restrictions, certain university facilities are available for reservation and use by recognized student organizations. Reservations by RSOs between midnight and 6 a.m. are not permitted. RSOs are required to designate a member responsible for the reservation who will be onsite or immediately available throughout the event and ensure that the reserved location is vacated on schedule with all trash removed. Tabling or use of non-traditional displays are only permitted in designated locations with a reservation. Information regarding this process can be found through Student Unions & Engagement.
2. More information about the use of university facilities can be found in the university’s Posting and Chalking Policy.
3. Subject to university uses and reasonable, time, place, and manner restrictions, designated university facilities are available for reservation and use by individuals through Conference Services. The university facilities available for reservation through Conference Services are limited during the academic year.
4. Unaffiliated persons who do not have a reservation through Conference Services must be invited guests of a recognized student organization or a university department in order to use university facilities. RSOs who invite unaffiliated persons may be held accountable for such unaffiliated persons’ compliance with this and other university policies.

D. Access to and Use of Outdoor University Property

To prevent disruption of the educational, research, and work environment, public speaking and verbal protests/demonstrations may occur only in outdoor university facilities subject to the provisions of this policy.

1. Access by Affiliated Persons: Affiliated persons and student groups/organizations may utilize outdoor university property for public speaking or distribution of literature, so long as they do not impede normal operations, obstruct pedestrian or vehicular traffic, or create unsafe or unsanitary conditions. Affiliated persons are encouraged to coordinate in advance, when possible, with Student Unions & Engagement in order to minimize the potential for disruption.
2. Access by Unaffiliated Persons: Unaffiliated persons wishing to engage in public speaking or distribution of literature on outdoor university property may only do so through reservation of a designated location following the procedures set forth below. The Wren Yard, Wren Portico, and Wren Vista are not designated locations that unaffiliated persons may use.

3.  Camping Prohibited: Camping on university property is prohibited. Camping shall include: (a) the use of any item to create a temporary structure without an appropriate reservation; (b) the outdoor use of heating devices, generators, or the use of portable toilets; (c) sleeping outdoors with or without a tent, making preparations for sleeping outdoors including the laying down of bedding, or sleeping in any structure or vehicle not designed for human occupancy between the hours of 12:00 a.m. and 6:00 a.m.

E. Duties Toward Speakers

No individual may disrupt an invited or permitted speaker or hinder the ability of other attendees to see or hear a speaker. (See the Procedure for the process to report any incident of disruption of public speaking or other constitutionally protected speech.)

F. Limits on Advertising, Sales, and Solicitation

Direct advertising, sales, and commercial solicitation by affiliated and unaffiliated persons are not permitted on university property or in university facilities. Recognized student organizations may, however, engage in promotional and fundraising activity in designated locations if such activity does not disrupt university business, generate security issues, duplicate services or goods provided at the university, block sidewalks or roads, impair the aesthetics and integrity of university property, or generate profit for individuals or commercial entities. There is no direct advertising, sales, or commercial solicitation of any kind permitted in university housing.

G. Obligation to Identify

Consistent with Va. Code Sec. 18.2-422, any individual who is using a university facility or present on university property and is wearing a mask, hood, or other device or garment whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, must present an identification document when requested by a person lawfully in charge to establish their identity to the satisfaction of such authorized university law enforcement or other university personnel.

H. Persons Lawfully in Charge

In addition to university personnel responsible for the management or supervision of university property and activities, university law-enforcement officers are lawfully in charge of university facilities and property for purposes of forbidding entry upon or within, or prohibiting remaining upon or within, university property in violation of this policy.

I. Compliance with the Policy

Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination for employees and permanent dismissal for students in accordance with relevant university policies. Entry onto or occupation of university property or any university facility in violation of this policy is prohibited. Any person who violates this policy may be removed and/or prosecuted for trespass, disorderly conduct, or other offenses under state law.

Individuals or groups not in compliance with this policy may have their reservation or access to university facilities or property cancelled, suspended, or terminated.

Questions about the application of this policy should be directed to Student Unions & Engagement.

V. Procedure

A. Report an Incident of Disruption of Constitutionally Protected Speech

All incidents of disruption of public speaking, distribution of literature, or other constitutionally protected speech should be reported to the Office of Compliance and Equity. W&M Police should be contacted for incidents that need immediate action.

B. Reservation Procedures for Recognized Student Organizations

1. RSOs should contact Student Unions & Engagement for information about reservable facilities and locations. The Amplified Sound Policy and Directive 510 regarding permitting procedures for tents, platforms, and amusement devices shall apply. 
2. There are limited locations available for hosting outdoor events. An individual RSO is limited to one outdoor reservation per day. RSOs are not permitted to host multi-day outdoor events.

C. Reservation Procedures for Unaffiliated Persons

1. Unaffiliated persons wishing to reserve space designated for public speaking or distributing literature are required to reserve a designated location through Student Unions & Engagement. Unaffiliated persons may not post banners or non-traditional displays.
2. Reservations are allocated on a space-available basis with priority given to recognized student groups and affiliated persons. Reservations are for two-hour blocks between 9 a.m. and 6 p.m., Monday through Friday. A specific individual or group may reserve up to one two-hour speaking block per week. Reservations are valid only for the date authorized on the Reservation Form.
3. Reservations may be made for the following designated locations:

• Sun Dial in front of Swem Library
• Sunken Garden Head (top of the steps on the side closest to the Wren Building)
• Sadler Center Entrance (in front of steps)
• Campus Center Entrance (in front of steps)
• Exterior Front of Commons Dining Facility

4. A group making a reservation must designate one contact person for the group. The contact person is responsible for identifying the persons in the group and ensuring that the reserved location is vacated on schedule with all trash removed. Additional reservations made for the same group/unaffiliated person under a different name are not permitted.
5. Only one of the designated locations shall be available for reservation at a given time on a first-reserved basis. As soon as one location is reserved for a two-hour block, all the other locations will become unavailable to the unaffiliated individual or group during that two-hour block.
6. There shall be a thirty-minute period between each reservation to allow for a peaceful and orderly transition.
7. A copy of the Unaffiliated Persons Registration Form must be available for inspection upon request by university officials. The individual making the reservation will be responsible for ensuring that the use of the reserved location complies with applicable laws and university policies including vacating the reserved location on schedule with all trash removed.

VI. Related Policies and Other Prohibitions

A. Weapons On Campus

In accordance with Chapters 20 and 40 of Title 8, Agency 115 of the Virginia Administrative Code, the following activities are prohibited in conjunction with the use of university facilities, including by individuals who engage in public speaking or distributing literature in the designated locations: carrying weapons, including guns, knives, or instruments for cutting, stabbing, or bludgeoning and using open flame.

B. Amplified Sound Policy

RSOs and individuals, including unaffiliated persons, wishing to speak publicly or to distribute literature must comply with the Amplified Sound Policy and the prohibition on the sale or promotion of commercial goods or services. 

C. Prohibitions

RSOs and individuals are prohibited from:

• 1. Blocking pedestrian or vehicular traffic
  2. Impeding normal university operations
  3. Creating unsafe or unsanitary conditions
  4. Remaining in a facility after receiving notice that the facility has closed, or the reservation

D. Compliance

Failure to adhere to the university procedures described above will result in revocation of an approved reservation, loss of privilege to reserve space, other appropriate administrative action, and/or prosecution for trespass or other offenses under state law.

E. Tribe Game Day Parking Area Policy

Use of certain facilities on days of home athletic competitions is governed by the Tribe Game Day Parking Area Policy.

VI. Approval & Amendment

This policy was approved by the President, who has authorized the Associate Vice President for Student Engagement & Leadership or a designee to make minor, technical amendments to this policy, such as to update contact information.

This policy was amended on January 5, 2024 to include the Wren Courtyard as a distinct location location from the Wren Yard and confirm that the Wren Courtyard is also not a designated location available for unaffiliated persons to reserve.  The policy change also includes clarifications of the area that constitutes the Wren Yard and the area that constitutes the Wren Courtyard.

This policy was amended on August 26, 2024 to codify university practices, particularly concerning usage between midnight and 6 am, and further clarify existing policies.