SJSU updates Time, Place and Manner

San José State’s Division of Student Affairs announced several revisions to its Time, Place and Manner (TPM) Policy, according to a Sept. 3 Instagram post. 

The changes were implemented in an August 7 SJSU Addendum to the California State University’s systemwide TPM Policy, which was put into effect following campus protests last year. In May 2024, students set up an encampment on the lawn in front of Clark Hall to demand the university divest from companies connected to Israel. 

The policy outlines how members of the campus community can exercise their First Amendment rights while providing “guidelines for limiting speech that incites threats to public safety or severely inhibits the educational goals of SJSU,” according to a Jan. 1, 2024 directive from President Cynthia Teniente-Matson.

Among the addendum’s key updates are its designations of “limited” and “non-public” spaces. 

A “limited area” is defined as a university property that is “available to the public but … not open for purposes of assembling, marching, demonstrating, or protesting.” Activities in these areas may be subject to regulations “narrowly tailored to address the University’s legitimate business interests.” 

All remaining university property not designated as either “public” or “limited” will be considered “non-public” areas and restricted “on a content and viewpoint-neutral basis,” according to the addendum.

Parking structures and the Student Union have been designated as “limited/non-public” spaces.

John Duroyan, a history graduate student and president of Students for a Democratic Society at SJSU, said he received a conduct violation for marching through the Student Union last year.

“You basically just go in to meet the head of Student Conduct and she tells you why it’s bad that you did that. And then you leave,” Duroyan said. “If you break TPM really hard, your student organization loses its recognition, which means it can’t request RSO funding.”

Registered Student Organizations (RSOs) are clubs that have gone through the university’s official recognition process and are granted privileges, such as the ability to reserve campus facilities and request funding from Associated Students.
The addendum also names Dean of Students Heather French as SJSU’s Designated Law Enforcement Liaison. 

“We try not to have uniformed police officers present at these activities because we know that there are a lot of potential feelings that folks can have (toward law enforcement),” French said. “So that’s the intention of the (Designated Law Enforcement Liaison) role.”French’s responsibilities include monitoring safety at events and coordinating with TPM Event Managers and the University Police Department to enforce TPM.

The TPM Response Team includes Director of Student Involvement Chris Jensen, Executive Director of the Student Union Jon Tucker and Interim Senior Associate Director of Associated Students Kingson Leung.

“If there’s a situation where a group that hasn’t made a reservation … needs to move, it would be one of those staff members (event managers) that would go up and introduce themselves, talk to the folks about what their planned activities (are), let them know there’s a space conflict (and) work with you to relocate,” French said.

Jhony De Oliveira, Associated Students director of student rights & responsibilities, said students can engage in activism without disrupting campus operations.

“We can create all of this chaos, but then do what?” Oliveira said. “I think that we can make a difference by doing different things. You can write letters. You can show up to the president’s office. You can write to your Congress members. We don’t always have to create chaos. We have to be strategic.”

A notable change from the original Aug. 16, 2024 addendum was the specification of hours during which amplified sound would be permitted on campus. 

Activities using amplified sound will be allowed on weekdays from 11 a.m. to 2 p.m. and 4 p.m. to 9 p.m. and on weekends from 11 a.m. to 10 p.m. The campus will be closed from 11 p.m. to 7 a.m., prohibiting overnight activities.

The addendum also introduces a mandatory Time, Place and Manner training that students must complete by Oct. 17 to avoid having their Spring registration put on hold, according to the Division of Student Affairs’ Instagram post.
The online program will be launched in compliance with the California State University’s systemwide requirements for the Fall 2025 semester.

Many of the addendum’s new stipulations involve requesting pre-approval and making reservations for free speech activities in advance.

Events without a reservation will be moved to an “alternative free speech zone” if they conflict with events that do have a reservation, according to the post. Free speech zones are university properties designated as “public,” such as the Art Quad or Smith Carlos Lawn.

Posters, flyers, banners and signs will need to be approved by Student Involvement and posted in designated areas only, according to the same source. Flyer distribution will only be allowed outdoors. 

Sang Hea Kil, a member of the Caucus of Rank-and-File Education Workers made up of the members of the California Faculty Association, is currently facing termination of her tenure following allegations of violating the policy. 

“I asked for the policy and they (university administration) wouldn’t give it to me,” Kil said. “So how can I follow a policy that wasn’t provided to me?” 

Kil said she asked for the policy on February 18, 2024 following a Presidents Day counter demonstration, but failed to receive it.

She was later suspended following her participation in a pro-Palestinian demonstration on campus last spring, according to a May 8, Spartan Daily article. 

“At a point, really, you’re talking about civil disobedience,” French said. “So if I am knowingly causing a disruption that is in conflict with the (TPM) policy because I feel so strongly about whatever the cause is that I’m supporting, you have the right to do that, and also you can’t then evade consequences if you choose to do that.”

Duroyan said the policy creates a chilling effect on campus activism. 

“Some people are scared. Others are worried and confused,” Duroyan said. “A lot of the rules are deliberately vague and open to interpretation. They’re kind of arbitrary. All of it is to curtail our First Amendment rights. It’s not really doing anything but foisting extra restrictions on us that don’t need to be there.”