Critical district forms and student-related policies
Speech: time, place and manner Board policy 6200.1
- Speech and Advocacy
- General Principle: Students have the right of free expression, advocacy, and action except to the extent that it interferes with, obstructs, interrupts, or detracts from the operation of the college or the promotion of its educational or community objectives.
- Time, Place, and Manner Regulations: The time, place, and manner of exercising speech and advocacy within the limits described in the General Statement shall be subject to prior approval by the Vice President of Student Services or designee. To be approved, an activity will require orderly conduct, non-interference with college functions or activities, and identification of sponsoring groups or individuals, and shall provide for one or more open discussion areas. It is expected that good taste will be exercised by all students. The Vice President of Student Services or designee shall provide reasonable protection to persons on campus against practices, which would make them involuntary audiences.
- Non-college Speakers: Registered student organizations may invite non-college speakers to address meetings on campus only upon prior notification and approval of the Superintendent/ President or designee, who may deny the use of available college facilities if the meeting is deemed to be incompatible with the educational objectives and established policies of the college. Individual students or student groups which have not qualified as registered student organizations may not invite non-college speakers to address meetings on campus.
Whenever the Vice President of Student Services or designee considers it appropriate in furtherance of educational objectives and established policies, the following may be required:- That the meeting be chaired by a person approved by the Vice President of Student Services or designee; and/or
- That the speaker be subject to questions from the audience.
- Speakers and Political Events Not Sponsored by Student Organizations:
Free Speech Areas:
San Luis Obispo Campus:- The Cuesta College Patio – Behind the cafeteria;
- The Flag Pole Area;
- Grassed slope on north side of High Tech Center.
North County Campus:
Flagpole area of campus courtyard. Flagpole area of campus courtyard.- The entire area would be available for the discussion of all issues or philosophies, which are discussed in normal speaking voice.
- Brochures may be handed out to individuals but may not be left in stacks or posted on school bulletin boards without appropriate approvals. All discarded brochures are to be picked up by those who distributed them.
- No amplification equipment will be allowed without prior approval by the Vice President of Student Services or designee.
- No speakers or brochures which advocate any illegal activity or the overthrow of the Government of the United States would be allowed to use the Free Speech Area.
- Free speech areas will be under the supervision of the Vice President of Student Services or designee.
- No speakers may interfere with the activities of students or others using the designated Free Speech Areas. (Approved: 6/5/02)
Insurance coverage
The college reserves the right to deny activities when there is a possibility of dangerous or unsafe practices.
If a club would like to have an activity that involves an outside company bringing equipment or merchandise on campus, it is requested that a pre-planning meeting be scheduled with the club advisor, the coordinator of Student Development and Activities, and the vice presidents of Student Services and Administrative Services to determine if the event can occur.
Student activities
Student activities are defined as:
- Curriculum-related field trips and field study trips
- Extracurricular trips such as student club activities
- Athletic team trips
- Community Education programs
If you are participating in any of the above, you must consider having any of the following forms for each person attending, along with the Student Activity Request. These activities pose significant liability exposures to the college. The exposures are created due to the nature and/or location of the activity and the transportation to and from the activity site.
It is important to take the appropriate steps to limit and mitigate the liability exposures. This can be accomplished by following good risk-management procedures.
To help control the liability exposures to the college, all trips should be required to:
- receive trip approval from the appropriate person
- follow the transportation procedures
- have applicable participation forms signed
Necessary forms
The applicable participation form will depend upon the type of activity and the risks inherent with the activity. The forms include:
- Field Trip/Excursion Notice
- Acknowledgment and Assumption of Potential Risk
- Voluntary Activity Waiver, Release and Indemnity Agreement
Field Trip/Excursion Notice: This form is for participating in curriculum field trips and extracurricular student government/club excursions. It provides notice of the liability immunity pursuant to the California Code of Regulations, Subchapter 5, Section 55450.
Acknowledgment and Assumption of Potential Risk: Certain types of activities by their very nature pose unique hazards and risks merely by participating. These could include formal athletic activities such as tackle football or basketball, or student body club activities such as cross country bicycling, hiking, or other outdoor recreational activities.
Due to the unique hazards posed by some of these activities, liability exposure will be mitigated by showing that the participant was aware of the risks, yet put himself/herself in harm ’s way.
An Assumption of Risk is an awareness issue rather than a contractual waiver issue, so the person acknowledging and assuming the risk does not have to be a legal adult. It would be sufficient to merely show that the participant was old enough and mature enough to understand the nature of the risks involved.
The Assumption of Risk form should be signed for programs involving inherent risks such as laboratories, allied health and public safety, and sports and recreational activities including, but not limited to:
- Basketball
- Baseball
- Swimming
- Water Polo
- Diving
- Judo/Karate
- Snow Skiing
- Water Skiing
- Scuba Diving
- Gymnastics
- Wrestling
- Soccer
- Rugby
- Cheerleading
- Hiking
- Cross-Country Running
- Bicycling
Voluntary Activity Waiver, Release & Indemnity Agreement: The waiver, release and indemnity agreement is a contractual agreement between an activity participant and the district, whereby the participant is waiving any and all rights to file a claim against the district for any reason. This agreement could relieve the district of liability in spite of negligence.
Since this agreement is a contract, it will have no legal force and effect if it is signed by a minor. A parent/guardian cannot sign away the legal rights of their minor child so it will not affect the legal rights of a minor if it is signed by the parent/guardian.
The second paragraph in bold letters is done so intentionally since that is a very important paragraph in this agreement.
This form should be used for high-risk, voluntary activities in which the participants are all legal adults, e.g., hang gliding, white water river rafting, etc.
When transportation is involved
Activity Transportation
The transportation to and from the activity may or may not be sponsored by the college. Whenever possible, it is best to not sponsor the transportation but merely advise the students that they are responsible for their own arrangements and to meet at the site of the activity.
Non-Sponsored Transportation
If the college is not sponsoring the transportation, the students must be advised that they are responsible for their own arrangements. Be certain to avoid any inference that the driver of a vehicle is an agent of the college. Do Not:
- mandate route or time of travel;
- mandate caravanning;
- assign ridership or mandate car pooling;
- allow students to transport college personnel, equipment or activity materials;
- screen or approve drivers and vehicles.
All students should be notified and made aware that the transportation is their responsibility and the college assumes no liability. Although some of the above may be recommended, it is not mandatory.
College-Sponsored Transportation
If the college is providing the transportation, then the drivers must be screened and approved.
To limit the liability exposure to the college, the driver(s) should:
- transport only authorized activity participants. Guests are not allowed;
- follow the approved route of travel;
- follow all rules of the road, including the use of seat belts.
If a student does not wish to use the college-sponsored transportation, then it is important to advise that the college assumes no responsibility and the college assumes no liability.
College Vehicles
Drivers of college vehicles should be approved. Wherever possible, a DMV record check will be obtained to verify the status of the driver’s license and driving record.
When completing the transportation request form, be certain to include the names and driver’s license numbers of back-up drivers, especially if students may need to drive, in case it becomes necessary for someone other than the requestor to drive. This will enable transportation to review the DMV records and approve all possible drivers.
Private Vehicles
All employees and students driving their personal vehicle on college-sponsored trips must have a valid driver’s license and automobile liability insurance. The Personal Vehicle Use form must be completed and approved. Whenever possible, aDMV record check will be obtained.
Activity Waivers
The coordinator of Student Life and Leadership shall be responsible to be certain that student government leaders acknowledge their obligations and standards of conduct when they attend student government conferences or visit other colleges. Student government leaders will sign the Conference Attendance/College Visitation Agreement form as soon as possible after being elected or appointed to their positions in student government, prior to attendance at any conference or visitation of any other college.
No student government funds shall be expended, or costs reimbursed, unless the form has been completed and is on file with the coordinator of Student Life and Leadership prior to the conference or visitation.
The coordinator of Student Life and Leadership shall require each club advisor to notify the club members that club-sponsored activities must be approved pursuant to district procedures, and activities must comply with any district procedures that may be applicable to the program or activity.
There shall be no club funds expended for any program or activity unless approval for the program/activity has been provided.
All activities require the written approval of the clubs advisor and the coordinator of Student Life and Leadership.
On-campus activities other than regular meetings:
- The student body organization shall request the use of college facilities pursuant to the college’s use of facilities procedure.
- Activities involving service of food must comply with local health regulations and standards.
- If there are any vendors involved in the activity, they shall be required to sign a hold harmless and indemnification agreement, shall also provide a Certificate of Insurance with liability coverage limits acceptable to the college.
Off-campus activity trips:
- The advisor to the organization will complete the Field Trip/Excursion Request form and submit it to the Student Life and Leadership Office at least one week prior to the proposed trip.
- If the trip is out of state, the request must be submitted at least one month in advance of departure.
- The advisor or designated college employee must participate on the trip. The advisor shall use best judgment on how to handle an emergency situation such as a medical emergency, serious violation of rules of conduct, etc.
- All participants, other than employees or approved volunteers, shall sign the Field Trip/Excursion Notice form. If the Student Life and Leadership Office determines that the trip includes physical activity or exertion which is deemed to pose a significant risk of loss or injury, the participants must also sign an Acknowledgment & Assumption of Potential Risk form.
- If the activity is deemed to pose extraordinary risks, all participants must also sign the Voluntary Activity Waiver, Release & Indemnity Agreement prior to participating. These activities include, but are not limited to, hang gliding, white water river rafting, water and snow skiing, bungee jumping, sky diving, etc.
- Only authorized persons shall be allowed on the trip.
- Transportation shall comply with all district procedures. As much as reasonably possible, participants should be responsible for their own transportation.
- If the district is providing the transportation but a participant does not wish to ride in the transportation being provided, the participant must sign the Voluntary Transportation Agreement form if, for any reason, the Field Trip/Excursion Notice form has not been signed.
Circulation of petitions and/or literature by special authorization
Petitions and/or literature that are not related to specific College activities may not be circulated on the College campus without specific permission from the Superintendent/President or designate. Petitions may be circulated on campus under the following regulations as established by the College.
- Petitions and/or literature must be submitted to the coordinator of Student Life and Leadership for approval at least two days prior to the date for circulation.
- Each petition and/or literature handout shall be officially stamped as approved for circulation by the Student Life and Leadership Office.
- Identity of the author and/or the circulators will be stated on the material distributed.
- Solicitation of signatures and distribution of petition information must take place at an officially designated table set up in the free speech area upon approval of the Student Life and Leadership office. (Refer to free Speech Policy.)
- Materials may not be forced upon people, nor may the circulator use sound equipment or in any way harass passersby.
- The table is to be staffed by currently enrolled Cuesta College students only, unless otherwise approved by the coordinator of Student Development and Activities.
- Students and individuals in charge of the table will be responsible for cleaning the grounds and tables of their own papers.
- Permission to use the table and area will be granted through a regular Student Activity Request form approved by the appropriate authorities. Forms may be obtained in the Student Life and Leadership office.
- The student and/or individual signing for the area is personally responsible for seeing that the table is put up and taken down daily.
- No material will be permitted that is obscene, profane, malicious, or slanderous, or that promotes the disturbance of the educational processes of the College.
- The materials circulated must be in conjunction with regular academic and administrative affairs.
- Except by special permission from the coordinator of Student Development and Activities, commercial advertising or promotional literature may not be posted, exhibited, or distributed on campus.
- Distribution of materials on cars parked on campus is prohibited.
- A time limit for the circulation of petitions and/or literature shall be established by the office of the coordinator of Student Development and Activities.
Failure to observe these regulations will result in immediate prohibition of further circulation and will subject the violator to disciplinary action.
Campus publicity guidelines
The freedom of expression is guaranteed in the College where such expression does not create a clear and present danger to the established government or the orderly operation of the college. It is the policy of the College to encourage the use of professional-looking posters by all individuals and organizations. All posters, signs, and printed material should be on good quality paper/poster material, and must be in good taste. Publicity that promotes or uses obscenity or profanity, and displays that could provide an intent towards incitement of violence or is considered malicious toward others, shall be prohibited.
- Location
- Publicity may be posted in most locations except the following:
- Any place destructive to school property or grounds
- Any painted or varnished surface on the campus
- Metal and wooden lamp posts
- The flagpoles
- Windows (unless approved by individual department/office)
- Wood benches and planters
- Trees and/or plants located in and around the campus
- Cement planters, benches, and railings
- Attendance record holders attached to classroom doors
- Walls and pillars (Exception: those surrounding the Student Center courtyard may be used for student body elections)
- The Administration Building (8000) kiosk
- Publicity may be posted in most locations except the following:
- Acceptable Hanging Materials
- Except for bulletin boards and rolling signboards, only masking tape, string, and wire may be used to attach publicity to school property.
- Staples or thumb tacks may be used only on bulletin boards and rolling signboards. Do not put staples, thumb tacks,or nails into trees, wooden lamp posts, or any wooden object that is not a designated posting site.
- Removal of Publicity
- All publicity on campus must be removed by those individuals who posted the publicity by the end of one school day after the event has taken place.
- Any other publicity not related to a specific campus-sponsored activity or class will be allowed a two-week posting period.
- Any questions about the appropriateness of the material or posting sites should be brought to the attention of the Student Life and Leadership or the Associated Students of Cuesta College (ASCC) office.
- Violations
- Violators shall be subject to a fine as determined by the ASCC if material is placed in a restricted area or if damage occurs to school property.
- Fines will be of sufficient amount to cover costs of employing janitorial/groundskeeper services to correct any damage or to remove material from restricted areas.
- Individuals or organizations who continually violate these guidelines shall be subject to withholding of their publicity privileges as determined by the College administration.
Reference: Board Policy 6510, regulation 3071.
Campus Posting Sites
No approval required
The following is a list of locations acceptable for posting flyers and advertisements on campus. These locations do not require approval from staff or faculty.
- Back of parking lot kiosks
- Science kiosk
- Cafeteria bulletin boards (2)
- Library cork board
- Snack area bulletin boards (by the 4100 building)
- Cork board by the Fine Arts area
Approval required (Secondary Areas)
You may not post in the areas shown below unless approved by their respective staff or faculty members. Secondary areas can include instructor/department areas, public safety, campus offices and campus services areas.
- Faculty foyers
- Faculty lounges
- Classrooms
- CIS computer lab (by Auto Technology)
- Humanities computer lab
- Transfer/Career Center
- Student Center (outside)
- Bookstore cashier’s counter
- Children’s Center bulletin board
- EOPS bulletin board
- CalWORKS bulletin board
- Reentry Office (by EOPS)
- Financial Aid bulletin board
- All rolling signboards on campus
Please do not post on the rolling signboards.
Rolling signboard use must be reserved through the Student Life and Leadership Office.
All items posted on the signboards without prior approval will be removed and thrown away, no exceptions.
Critical District Forms
The district forms listed here are available in the Student Life and Leadership Office in the Student Center. Once you have determined which form or forms apply to your specific activity, please come to our office to get the amount you need. You may also call us (546-3289) and we can put them in your club mailbox in the ASCC offices, room 5307.
- Acknowledgement & assumption of potential risk
- Conference attendance/college visitation agreement
- Field trip/excursion notice
- Personal vehicle use form
- Voluntary activity waiver, release & indemnity agreement
- Voluntary transportation agreement