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Policy 5006 - Freedom of Expression

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Western Dakota Tech Policy Number: 5006

I. Purpose

The purpose of the policy is to promote the free exchange of ideas while providing for the safe and efficient operations of Western Dakota Tech (WDT).

II. General Statement of Policy

A. College employees, students, and groups or individuals not affiliated with the College may use outdoor spaces to engage in constitutionally protected speech that does not disrupt College operations and activities.

The following forms of expression are examples of forms of speech that are not protected which may lead to individuals or groups being subject to disciplinary, administrative, or legal action:

  1. Threats that communicate an intent to commit an act of violence
  2. Harassment, including speech and other conduct based on a protected class, targeted at an individual that denies educational access, opportunities, and rights
  3. Defamation
  4. Incitement of illegal action

Examples of disruption that may occur is where conduct:

  1. Interferes with College employees’ ability to perform their job responsibilities or students’ ability to participate in academic activities
  2. Disrupts the flow of pedestrian or vehicular traffic
  3. Has a foreseeable risk of damage to College property
  4. Presents a foreseeable risk of physical harm to individuals
  5. Blocks entrances or exits to campus buildings or facilities

Individuals and groups are responsible for cleanup, restoration, and for any associated costs incurred by the College from their activities.

B. It shall be a violation of this policy to disallow constitutionally protected speech in outdoor spaces as described in this policy.

III. Definitions


IV. Reporting Procedures 


V. Dissemination of Policy and Training

A. This policy shall appear on the Western Dakota Tech website on the policy webpage.

Legal References 

1st Amendment of the US Constitution;

South Dakota Constitution; Article 6; § 5

Related Policies, Procedures, and Exhibits


Board Approved 10/15/2018

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