Updated Policy Governing Time, Place, and Manner of Expressive Activity, Effective 10/29/24

Dear Students, Staff, and Faculty,

I’m writing with important information about our policy that applies to expressive activity on campus, such as protests. Effective today, we have replaced the policy titled “Policies Concerning Freedom of Expression and Dissent” with an updated version titled “Policy Governing Time, Place, and Manner of Expressive Activity.” We have also added an FAQ that provides answers to common questions received during consultation. This policy was revised over the last few months in response to advice that Smith received from the U.S. Department of Education.¹ It incorporates input from students, faculty, and staff and reflects our shared commitment to maintaining a safe and respectful environment for all members of our community.

In my role as president of the college, this policy is my responsibility. I charged members of the president’s team and legal counsel with working on it from May through August 2024, at which point, at my request and discretion, they began sharing the draft for comment with faculty, students, and staff. Much of the feedback received was incorporated into the draft of the policy and the draft of the FAQ document, including new suggestions received on October 24 and 25, after the entire campus community was given access to review the draft.

Everyone should review the new policy here and the accompanying FAQ.

Why has the policy been updated?

Following last year’s protest activity on campuses around the country, including here at Smith, the president’s team and I identified the need to provide the community with clearer expectations for campus demonstrations, protests, and other expressive activities. This is particularly important at a moment when people are not in agreement about the boundaries for expressive activity or its content. In addition, several organizations, including the U.S. Department of Education, the American Civil Liberties Union, the Anti-Defamation League, the Council on American-Islamic Relations, and the American Jewish Committee, strongly advised colleges and universities to review their policies and update them if necessary, to provide their communities with clearer guidance. Our own policy was in need of such an update. 

All of this said, the changes are not meant to quash expressive activity on campus or to signal that all disruptive expressive activity is punishable. Rather, the updated policy is meant to remind community members that protest is not always disruptive, that protest and activism are not necessarily synonymous, and that civil disobedience has always appreciated the social costs associated with it. It is also meant to clarify that expressive activity that interrupts or curtails the mission of the college, or that harrasses, bullies, or intimidates others on campus, is prohibited. 

Such a policy at Smith is more about what is encouraged than what is disallowed, and is a call to all members of the community to consider the kinds of activities that are consonant with a place that puts discourse, exchanges of values, argument, and even the most uncomfortable conversations first, as testament to an ideal of mutual respect and intellectual engagement alongside our ethical commitments.  

Key Changes 

• The policy more clearly defines permitted times, locations, and manners of expression. In doing so, it lifts up our community values and commitments to balancing free expression with safety, mutual respect, and providing a learning environment that is free from harassment.
• It provides more transparency around how the policy will be implemented.
• It clarifies that this policy applies to all members of the college community, as well as visitors. 

Located on the institutional policies section of the Smith website, this policy is meant to coexist with and reinforce related policies, including but not limited to the following:

• Notice of Non-Discrimination
• Equal Educational Opportunity Policy
• Student Handbook 
• Code of Faculty Governance
• Policy of Appointment, Reappointment, Promotion, and Tenure
• Employee Handbook 
• Event Planning and Registration, Posting of Information, and Policy on Chalking

Whom may I contact if I have questions about this policy?

Please reach out to policy-feedback@smith.edu. I encourage you to read the FAQ first, to see if it answers your question.

In addition, students are invited to stop by and ask questions at the dean of the college’s open hours on November 1 and 7 from 12:15–1 p.m. at the Campus Center on the main level.

Sincerely,

Sarah Willie-LeBreton
President

¹ “School leadership should ensure that their policies are comprehensive, accessible, and understandable” is one of the promising postsecondary strategies shared by U.S. Secretary of Education Miguel Cardona as additional resources in his May 3, 2024, Dear Colleague Letter.