YUFA

Free Speech

 

 


   Home

   Feedback

   Archive

Anomalies in York’s Policy and Procedure for the Temporary Use of University Space

7 Feb 05 - As a result of the Jan. 20 demonstration, YUFA members have questioned the Administration’s related Policy and Procedure. YUFA’s Executive has discerned the following anomalies: 

  • it is unclear when and how portions of the policy/procedures have become official
  • it is unclear whether or not York’s Administration supports the principles of freedom of expression and freedom of association by providing facilities for demonstrations, whether these be outdoor or indoor
  • in particular, York’s policy and procedure are unclear with regard to:

Origin and Evolution of the TUUS Policy, Procedures, and Application Forms

The current version of the TUUS Policy (Pol 013) was approved by the President’s Policy Committee (PPC) on May 11, 1993, and by the University Executive Committee of York’s Board of Governors on May 17, 1993. The TUUS Policy was updated on August 4, 2004. Approval authority is with York’s Board of Governors.

The current version of the pursuant Procedure for the TUUS Policy (Pol 013 Prc 01) was approved by Gary Brewer, Vice-President Finance and Administration and by the University Executive Committee (UEC) of York’s Board of Governors on August 4, 2004.

The current version of the TUUS Procedure is not mentioned in the published minutes or agendas of York’s Board of Governors or Senate.

The TUUS Policy and Procedure is accompanied by:

<top>

demonstration, n.

  1. The action of demonstrating something.
  2. A public meeting or march expressing protest or other opinion on an issue.  (The Concise Oxford English Dictionary. Ed. Catherine Soanes and Angus Stevenson. Oxford University Press, 2004.)

According to the Student Clubs/Organizations Application/Renewal Form (pdf), App. B. Procedures Governing the Conduct of Events and Meetings at York University (Jan. 2005):

York University supports the principles of freedom of expression and freedom of association by providing facilities for various events and meetings. This includes, but is not limited to, the freedom to communicate in any reasonable way, to hold and advertise meetings, to debate and engage in peaceful assemblies and demonstrations, to organize groups for lawful activities and to make reasonable use of University facilities, in accordance with its policies and procedures.

<top>

Outdoor Spaces

The 4-page form required to book any outdoor (or indoor) space includes ‘Demonstration (pdf)’ as a ‘Type of Event’ (page 2).

Despite its name, the ‘University Common’ (including the Piazza Italia, Fountain Area, and the plaza adjacent to Vari Hall cannot be booked by individual organizations and is restricted to university-wide events only, such as Yorkfest (page 41 of the 54-page TUUS Handbook (pdf)).

In 2005, Yorkfest will take place in mid September [cf. during 2nd week of classes during 2004]. Its publicity urges potential participants as follows:

Come out to see and hear what York has to offer you. This year promises to be the biggest and best event yet as we continue to strive to improve on the already great event. A more diverse range of musical acts with state of the art stage, sound, and lights. Main stage entertainment begins in mid-afternoon; live DJs throughout the day begin at 12:30pm. A larger village, buskers, and the inclusion of more services on campus are only a few of the improvements being made. The village area has over 80 tables including clubs, services and companies. The beer garden and food area opens at noon, and there are tons of prizes and give-aways. Don’t miss out on your chance to be a part of the greatest day-long free event that York has to offer.

Partners of Yorkfest are the most important element in the success of the event. Year after year, the festival will only take place due to your contributions.

GOLD Partnership - Minimum $3500
A company/organization that donates $3500 worth of monies, agreed upon goods and/or services will be considered a Gold Partner and be eligible for:

York Orientation
- 1 piece of information and 1 product insert distributed in 3200 orientation kits
- your logo and Gold Partner featured on all promotional items
- your logo and Gold Partner in full page campus newspaper orientation ad

Yorkfest
- category exclusivity
- prominent banner location
- prominent booth location at YorkFest village
- 3 announcements throughout YorkFest
- 4 YorkFest VIP laminates
- your logo and Gold Partner featured prominently on 2 YorkFest banners, event signage, website(s), posters, flyers and newspaper advisements.

Yorkfest has many groups and organizations in the York community that contribute and provide assistance throughout the year and the day of the event.

Alumni Office of York University  

Department of Commercial Facilities  

Faculty of Fine Arts

Office of Student Affairs

Sport York

Student Alumni Program (York is U)

York Federation of Students -

York International

York Orientation Directors Association (YODA)

York University Student Centre

York University President's Office -

York University Foundation

Among other sanctioned outdoor areas (pdf), all but the Convocation Site can be booked for BBQ. Like the ‘University Common,’ the Convocation Site can be booked only for ‘special university-wide events, such as Convocation.’

Of the remaining outdoor areas that are listed:

  • all can be booked for BBQ
  • some can be booked for ‘[unspecified] special events such as Orientation’
  • the rest can be booked for ‘[unspecified] special and [unspecified] student group events’

Time to process application forms:  15 working days (i.e., 3 weeks(pdf))

Approval granted or denied by:  

Type of event: despite the constraints mentioned above, page 2 of the 4-page application form (pdf)lists ‘Demonstration’ (along with BBQ/Picnic, Dinner/Social/Dance, Visit of Dignitaries/VIP etc.

Sound and sound amplification: According to the provision for Yorkfest (above), sound amplification is permitted for such an outdoor area as the University Common including the plaza adjacent to Vari Hall during weekdays throughout the entire year. Megaphones are not mentioned re: such spaces.

However, because of proximity to lecture halls, residences, hours/activities are limited for the Vanier Lawn (page 42 of the TUUS Handbook). Megaphones are not mentioned re: this space.

Although information tables, vending tables, and even BBQ are forbidden in the plaza framed by the Student Centre, BSB, Stedman, and the Farquharson Greenhouse, the Student Centre Corporation issues permits for buskers here (page 42 of the 54-page TUUS Handbook). Megaphones are not mentioned re: this space.

<top>

Indoor Spaces 

The 4-page form (pdf) required to book any indoor (or outdoor) space includes ‘Demonstration’ as a Type of Event.

Among the indoor venues treated in detail in the 54-page Handbook (pdf), one finds no places where the possibility of a demonstration is authorized or even mentioned. On the other hand, there are various lobbies where receptions, exhibitions, and even some one-act plays can be held, albeit with 30 days notice.

York’s most venerable venue for university-wide expression of student opinion and dissent has been The Bear Pit. (In the Introduction to the TUUS Handbook, page 8, this space is now called the ‘Central Square Bear Pit Lounge’; the special form for booking student events in this area recognizes three regions: Central Square, Upper Bear Pit, and Lower Bear Pit). Although  one can now reserve The Bear Pit (Lounge), seemingly in whole or part(s), for administrative events, charity fundraisers, and student club tables, it appears one cannot book it for a demonstration. Apparently because of its proximity to Scott Library, one cannot use sound amplification in general, megaphones in particular. 10 business days (2 weeks) are required to book this space, subject to cancellation without notice.

Similarly, sound amplification in general and megaphones in particular are forbidden in the Atria and Foyers of the TEL building because of potential disruption to academic classes scheduled in adjacent classrooms and laboratories. Here, 30 days notice is recommended. Whereas receptions, exhibitions, and career fairs are specified as appropriate types of events for the TEL Atria and Foyers, there is no mention of demonstrations.

Finally, in the entrance and Rotunda of Vari Hall, sound amplification in general and megaphones in particular are prohibited during September-April, except on the weekends – again, in order to avoid disruption to academic classes in adjacent classrooms. Indeed, except on weekends and in the Summer, the Vari Hall entrance and Rotunda are off-limits to organized events because of pedestrian traffic.

<top>

Additional Anomalies

 1. On page 19 of the 54-page TUUS Handbook, one reads in section C that:

Lecture halls, seminar rooms and classrooms may not be booked for individual use, study space, or guest speakers, presentations or meetings that do not appertain to academic courses or are not sponsored by an academic program.

Nonetheless, in section E on the same page, one reads that:

Lecture halls, classrooms and seminar rooms can be booked for other uses when they are not required for academic purposes.

2. The Introduction to the 54-page TUUS Handbook (page 8) includes ‘sport and recreation areas and playing fields’ as well as ‘roadways and parking lots’ among the University spaces that support its teaching and co-curricular activities.’ However, the 1-page application form for reserving outdoor space excludes  parking lots and sports fields, and does not mention roadways.

3. The only use of ALL-CAPS in the 54-page Handbook is for the phrase NO FLYERS OR LEAFLETS in the sentence:

In particular, NO FLYERS OR LEAFLETS may be distributed on vehicle windshields, inside classrooms, laboratories, libraries, or offices, nor from door to door.

As alarming as this phrase and sentence might seem, its immediate context is a section concerning Canvassing and Soliciting on Campus (pages 48-49 of the 54-page Handbook). That this section appears in Appendix R: Commercial Enterprises could lead one to believe that it concerns only commercial flyers or leaflets. However, that the immediately preceding sections of Appendix R deal with Student/Club Organization Information Tables casts in some doubt the  notion that only commercial flyers or leaflets are being referred to.

 <top>