Senate Bill 108

You are encouraged to review this page and our Free Speech website for detailed information on policies, procedures, and resources related to freedom of expression and supporting a safe and inclusive environment for all members of the campus community. The following information complies with California Senate Bill 108, which requires the University of California system to ensure consistent implementation and enforcement of related policies and laws.

1. Time, Place, and Manner Policy
UC Riverside’s Time, Place, and Manner policy identifies the allowable parameters of free speech activities on the campus.

Key provisions of this policy include but are not limited to:

Allowing expressive activities on campus grounds but not inside buildings (without prior authorization).
Protecting the ability of members of the campus community to enjoy free movement on campus, without being blocked or obstructed by expressive activities.
Prohibiting people from concealing their identity (such as by wearing a mask) for the purpose of evading or escaping discovery, recognition, or identification in the commission of violation of applicable University policies or local/state/federal laws.

The Time, Place and Manner policy also references other policies relating to expressive activities and other uses of campus grounds and university property, including UCR’s Student Posting policy and Policy Prohibiting Camping on University Property.

2. Student Code of Conduct and Relevant Laws
The UCR Standards of Conduct identify student behavior that may result in discipline. Violations of the Time, Place and Manner policy, the University’s Anti-Discrimination Policy, and other campus policies and regulations are prohibited by the Standards of Conduct (102.29).

Potentially relevant state laws include the following: California Penal Code.

Federal laws that may be relevant to expressive activities and related use of campus grounds include:

Title VI of the Civil Rights act of 1964 prohibits discrimination (including harassment) against students on the basis of race, color, or national origin in UCR programs and activities.
Title IX of the Education Amendments of 1972 prohibits discrimination (including harassment) on the basis of sex.
The Clery Act requires universities to have and publish information about safety-related policies and programs. It also requires UCR to collect and publish statistics about certain types of crimes reported to have occurred on campus (or certain other property), including hate crimes.

3. Nondiscrimination Policy
The systemwide Anti-Discrimination policy ensures compliance with Title VI and Title VII of the Civil Rights Act of 1964, as well as other federal and state laws protecting community members’ civil rights. The Anti-Discrimination Policy is implemented at UCR through the campus Anti-Discrimination Complaint Resolution Procedure.

Antisemitic, anti-Arab, and Islamophobic harassment is prohibited by this policy.

Please contact UCR’s Office of Civil Rights to report a violation or for assistance.

4. Complaint Process
The process by which the campus resolves a complaint of a policy violation may be described in the policy that addresses the specific type of violation that is alleged. For example, the anti-discrimination policy and local procedures address how complaints of violations of those policies will be resolved.

Suspected criminal activity on campus is reported to the relevant law enforcement agency.

Student violations of policy are addressed as described in the UCR Student Conduct Process. Information about reporting student misconduct can be found on the Student Conduct & Academic Integrity Programs website.

Employees are disciplined for policy violations pursuant to the published employment policies that pertain to their category of employment.

People who are not affiliated with campus are subject to criminal prosecution for crimes committed on campus. Non-affiliates can be excluded from campus pursuant to the process described in Penal Code section 626. Violation of campus policies and regulations may result in the partial or total exclusion of non-affiliates from campus facilities.

5. Range of Consequences
Students, faculty, or staff who violate relevant institutional policies, state law, or federal law, including, but not limited to, discrimination based on shared ancestry under Title VI of the Civil Rights Act of 1964 are subject to discipline.

In order to create inclusive spaces where all voices are heard and our community members can engage in their educational, academic, research, and patient care pursuits, the university must also take consistent and fair accountability measures against individuals whose conduct violates the University’s policies. These accountability measures are taken only after disciplinary proceedings are completed with appropriate procedural safeguards. For example for faculty, the proposed imposition of any type of disciplinary sanction will proceed in accordance with the established policies and procedures for discipline, including an opportunity for hearing before an appropriate advisory committee of the Division of the Academic Senate.

Accountability measures for the violation of the university’s policies may include but are not limited to:

Students: Educational sanctions, written warning, disciplinary probation, loss of privileges or exclusion from activities, exclusion from areas of the campus or from official university functions, restitution, suspension, and dismissal.
Staff: Counseling memorandums, written reprimands, suspension without pay, reduction in pay, demotion, and termination or dismissal.
Senate Faculty: Informal counseling memorandums, written censure, reduction in salary, demotion, suspension without pay, non-reappointment, denial or curtailment of emeritus status, and dismissal.
Non-Senate Academic Appointees: Informal counseling memorandums, written warning, written censure, demotion, suspension without pay, reduction in salary, non-reappointment, and dismissal.
Visitors and Non-UC Affiliates: Exclusion from campus, restitution, and potential for criminal sanctions for violation of university rules in accordance with the California Education Code.

6. Response to Safety Threats
The campus will respond to activities that threaten the safety of students, faculty, or staff, and disrupt their ability to access the campus or buildings, the educational process, or activities on campus. The notification will include strategies consistent with current law for how the university intends to ensure students can safely access buildings and activities on campus.

The university has explicit policies that protect and foster extensive opportunities for free expression, speech, and assembly. In addition, academic freedom protects freedom of inquiry and research, teaching, and expression and publication. The university also has policies that comply with federal and state laws, protect lawful access to university programs and facilities, address unsafe behavior and aim to prevent the destruction of property. These policies apply regardless of the cause or content of a particular protest, speech, or other form of expression, or whether the conduct involves expression at all.

While systemwide policies affirm the constitutionally protected rights of all members of the University community regarding free expression, speech, and assembly, these activities should not disrupt the University’s functions, impede orderly operations, or place community members in reasonable fear for their personal safety.

If violations of local, state and federal law or University’s policies occur, they will be addressed with the following consistent tiered response at all UC locations – with an emphasis on providing community members with multiple opportunities to adjust their conduct:

Initially, people engaged in committing a policy violation should be informed of the violation and asked to change their conduct.
If the people involved do not comply with requests to alter their conduct, they will be warned about potential consequences and directed to comply. If the conduct continues, Student Affairs, The UC Police Department (UCPD) and/or Campus Fire Marshal will assess the situation and, based on their assessment, may issue an unlawful assembly notice/announcement, orders to disperse, orders to identify oneself, or other relevant orders.
In the final phase of tiered response, people who refuse to change their conduct as directed may be cited for a violation of the relevant university policy. If they are breaking the law they may be cited, detained and arrested for unlawful behavior, or subject to other police actions. Stay-away orders may be issued for higher severity violations and/or for repeat offenses. The university may utilize UC Police Departments or other state or local law enforcement agencies to maintain the health and safety of the university community.
Members of the university community who are arrested for unlawful behavior must have their conduct evaluated for potential violations of university policy. Members of the university community who are cited for a violation of University policy must go through the applicable campus review process.

While the tiered response outlines consistent expectations in many situations, it is not a rigid prescription that will capture all situations, all specific violations of policy or law, or all response actions. It does not dictate a specific timeframe. A tiered response does not mean a slow response but one that fits the situation and the resources to address it. Specifically, if violation of policy or law poses an immediate threat to life safety [Imminent threat of harm or endangerment to people and/or systems designed to protect people from immediate harm (i.e., fire detection and suppression systems)]or critical university functions, the university will act accordingly and mobilize the appropriate resources, which may include UCPD, Campus Fire Marshal, and/or other resources to respond. This is consistent with the university’s established tiered response approach, where an escalation of threat to life safety or of disruption to operations demands a rapidly escalated response. The tiered response approach outlined above is rooted in the best practices and recommendations of the Robinson-Edley report and the Community Safety Plan to encourage free expression while safeguarding the rights of all members to teach, study, and exchange ideas freely.

7. Fostering Healthy Discourse
UCR brings together campus community members and viewpoints that are ideologically different in order to best promote the educational mission of the institution and the exchange of ideas in a safe and peaceful manner.

8. Educational Programs and Activities
The following programs for faculty, staff, and students support the balance between free speech activities, educational mission, and student safety. UCR expects to develop additional programs.

9. Mental Health and Trauma Resources
Below are some of the resources available on campus for faculty, staff, and students to receive mental health and trauma support.