Regulations

GAR 1201 Free Speech and Assembly

Section: 1000 General Administration
Sub Section: 1200 Equal Opportunity
Title: GAR 1201 Free Speech and Assembly
Primary Policy: GAP 1201 Free Speech and Assembly
References: MO. Senate Bill NO. 93; “Campus Free Expression Act”; Addendum “Application for Commercial Activity on Campus Form”
Supersedes: NA
Responsible Administrator: College President
Initial Approval: 10-10-2012	Last Revision: 09-21-2016

Three Rivers College upholds the first amendment rights of free speech and the right to assemble peaceably on college property. However, such rights are not absolute, and the rights to regulate time, place and manner of such expressions on college campuses is well- established. In order to honor the right of free speech and expression to the entities that wish to communicate with students and employees of the college in a peaceful manner, while protecting against the intrusion upon or interference with the academic programs and administrative processes of the college, the following regulation has been adopted.

Three Rivers College has the right to:

Restrict expressive activities that violate local ordinances or state or federal laws;
Restrict expressive activities that disrupt traffic on campus or obstruct access to campus locations;
Restrict speech that is not entitled to “protected” status, such as speech/expression that consists of obscenity, fighting words, threats of physical harm, or incites imminent violence; and
Restrict expressive activities that substantially and materially disrupt the functioning of the college.

Three Rivers College strictly prohibits disruption of the teaching and learning environment, interference with the efficient operation of the college, or the daily work of college employees and others. This includes any disruptive manner of solicitation and the distribution of commercial literature on all college properties.

As cited in the “Campus Free Expression Act”, any person who wishes to engage in noncommercial expressive activity on campus “outdoor space” shall be permitted to do so freely, as long as the person’s conduct is lawful and does not materially and substantially disrupt the functioning of the institution. The outdoor areas of the campus are open to the public however, may be subject to restriction of reasonable time, place and manner per College Policy and Regulation 1201.

All entities agree to the following rules and restrictions. Failure to follow any of the rules and restrictions can result in loss of privileges to assemble or distribute materials in the future.

Definitions

“Application” shall mean the Application for Distribution of lawful and non-disruptive Commercial Activity on Campus Form.

“Applicant” shall mean any person submitting an Application as defined herein and may include an agent or authorized representative; this definition may include an Entity or Distributor.

“Designated Areas” shall mean those areas of the campus that have been designated as public areas where distribution of commercial Materials may be permitted upon prior authorization by the college president.

“Distributor” shall mean any person intending to distribute Materials on behalf of an Entity as defined herein; this definition may include an Entity or Applicant.

“Entity” shall mean any individual or organization not affiliated with Three Rivers or a registered student organization with the college.

“Indoor Space” where solicitation or distribution of noncommercial materials may not be freely permitted and includes all college locations classroom space, hallways, foyer areas, gymnasium, Library, offices, bookstore, welcome center, stairways, restrooms, testing center, computer labs, theater, student housing, athletic locker rooms and any other enclosed college property.

“Materials” shall mean any lawful and non-disruptive printed material, including any newspaper, magazine or other publication, and any leaflet, flyer or other informal printed matter intended for distribution or actually distributed on campus outdoor areas.

“Outdoor Areas” college property is also known as the campus grounds and is the only college space where non-disruptive and lawful freedom of expression such as solicitation or distribution of noncommercial materials may be freely permitted.

“Reservation” shall mean the authorized retention of a single calendar date for the distribution of commercial Materials.

“Solicitation” approaching or summoning individuals for the purpose of gaining support, collecting information, or engaging in the sale or marketing of products and services.

Application Process for a Commercial Entity:

Any individual or group seeking to distribute materials or assemble for a commercial purpose on the grounds of any Three Rivers College location shall complete an application. The application form is available at the Communications Department Office located on the Poplar Bluff campus of the college. Upon request, the Communications Department Office will provide said commercial group a copy of the form by mail, fax, or e- mail. The Communications Department of the college shall seek the approval of the college president.

The application shall contain:

The entity’s name and address, phone number and e-mail address when available;
The proposed date, time and location for each reservation;
The name(s) and address(es) when available for the applicant and each of the proposed distributors as well as the e-mail address for the applicant when available; and,
The signature of the applicant completing the form.

Copies of all materials to be distributed must be attached to an application and approved, under the guidelines set forth below, before any materials may be distributed.

The fully executed application with attachments shall be submitted to the College Communication Department, either in paper form or via electronic transmission, five business days prior to the requested registration date. Reservations shall be approved on a first come, first served basis, not to exceed reservations that in the aggregate allow two (2) distributors at the main campus during any given day. No single reservation may include more than four (4) distributors and no entity and/or applicant may have more than one (1) reservation during any given day. Due to the size of their various locations, college sites and the educational centers shall not have more than one (1) distributor during any given day and the reservation may include no more than two (2) distributors during any given day and no entity and/or applicant may have more than one (1) reservation during any given day. The college president reserves the right to deny any application not in the best interest of the college.

Content of Commercial and Non-commercial Materials:

No materials shall:

Contain any writing or visual image that is obscene as defined by local, state or federal law, or is within the definition of obscenity as set forth in decisions of the United States Supreme Court;
Contain any statement(s) that defame(s) any other person; or
Contain any statement(s) directed to inciting or producing imminent violations of law under circumstances such that the statements made are likely to actually and imminently incite or produce violations of law; or
Contain any statement(s) directed to inciting or producing actual and imminent material disruption of classwork, substantial disorder or invasion of the rights of others or the learning environment of the college.

Prohibited Behavior:

No person shall, with the intent to harass, annoy or alarm another person. The following is a non- exhaustive list of prohibited behaviors:

Strike, shove, kick or otherwise subject a person to unwanted physical contact; or
Attempt or threaten to strike, shove, kick or otherwise subject a person to unwanted physical contact; or
Make an offensively coarse utterance, gesture or display or address abusive language to any person present; or
Make an offensively loud noise or use artificial sound enhancers such as mega-phone, amplifier or speakers that disrupts the learning environment.
Follow a person in or about the campus in an effort to cause such person to accept material when such person has rejected the receipt of such material or otherwise clearly indicated a refusal to accept such material.
No distributor may deliberately impede the flow of pedestrians or vehicular traffic on a college location or access to or from a college location, buildings or any official college function.

DOCUMENT HISTORY:

10-10-2012:		Initial approval of regulation GAR 1201 Free Speech and Assembly.
08-27-2015:		Revised to reflect the “Campus Free Expression Act” MO. Senate Bill NO. 93, effective August 28, 2015
09-21-2016:		The College Board of Trustees approved the name change of the college from Three Rivers Community College to Three Rivers College.

GAR 1206 Alcohol/Drug-Free Work/Learning Place

Section: 1000 General Administration
Sub Section: 1200 Equal Opportunity
Title: GAR 1206 Alcohol/Drug-Free Work/Learning Place
Primary Policy: GAP 1206 Alcohol/Drug-Free Work/Learning Place
Associated Policies: SP 2610 Student Code of Conduct; SP 2620 Disciplinary Proceedings; GAP 1205 Code of Ethics; PP 4730 Suspension or Termination
References: MO. Statute Sec. 178.835; Drug-Free Schools & Communities Act Amend. 1989; Drug-Free Workplace Act of 1988; Controlled Substances Act; Article IV of the US Constitution on Supremacy Clause/Doctrine of Pre-emption; Federal US Department of Transportation 49 CFR Part 40; Federal Motor Carrier Safety Administration 49 CFR Part 382
Supersedes: NA
Responsible Administrator: College President
Initial Approval: 09-22-2010	Last Revision: 11-20-2019

Three Rivers College intends to provide and encourage personal health and wellness. The College has established an alcohol and drug-free work and learning place in order to maintain, support, and preserve high standards of excellence consistent with the College vision, mission, and goals. Any person suspected of being under the influence of alcohol, drugs, or controlled substances while on College premises is a serious risk to themselves and to others. The College reserves the right to remove any person from the College deemed a threat to others. An exception may be granted for alcoholic beverages to be served on College-owned or controlled property at the discretion of the College President.

The College shall follow through with all applicable legal sanctions under local, state, and federal law for the unlawful possession or distribution of illicit drugs and alcohol. The College may refer employees and students to drug and alcohol counseling or treatment, or locate rehabilitation programs that may be available. The College will provide students and employees with information containing a description of the potential health risks associated with use of illicit drugs and alcohol; and a statement of commitment to impose sanctions on students, faculty, and staff in violation of the policy, including a description of those sanctions (such as expulsion, termination, and/or referral for prosecution). Please refer to GAP 1206.

Under the Drug-Free Workplace Act, employees must notify the employer in writing, no later than five days after conviction for violation of any criminal alcohol or drug statute. A conviction is a finding of guilt (including a plea of no contest or nolo contendere), or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the criminal drug statutes.

All Federal, state, and local laws apply with the Supremacy Clause/Doctrine of Pre-emption, which states that the Federal Law supersedes in cases of conflicting legislation. The unlawful possession, use, or distribution of illicit drugs and/or alcohol on college premises, or as a part of college activities is strictly prohibited under MO. Statute Sec. 178.835. For more information, please refer to SP 2610 Student Code of Conduct; SP 2620 Disciplinary Proceedings; PP 4730 Suspension or Termination and GAP 1205 Code of Ethics.

General Interpretation

Three Rivers College recognizes its responsibility to foster a learning environment that minimizes the negative impact of high-risk alcohol use on student life and academic success. The College further recognizes that care must be taken to allow alcohol only in settings where it is responsible to do so and to ensure that policies do not result in an atmosphere in which irresponsible or dangerous alcohol use is likely to result.
The College observes and enforces applicable laws and regulations governing the sale, purchase, distribution, consumption, and possession of alcoholic beverages and expects all members of its community adhere to these laws and regulations both on and off campus.
College funds may not be used to purchase alcohol.
The College reserves the right to conduct random drug testing of all students and employees at the time and facility or collection method of the College’s choice even when no suspicion of alcohol/drug use exists.
The College complies with the Drug Free Schools and Communities Act Amendments of 1989. Annual distribution of alcohol and drug prevention materials to all students, faculty, and staff are accomplished through 1) the faculty handbook, 2) the GNST 090 Course Curriculum, 3) the staff handbook, 4) the housing orientation, and 4) the annual institutional and financial information publication. The following information is included: A statement of standards of conduct clearly prohibiting unlawful possession, use, or distribution of drugs and alcohol by students or employees on school property or as part of school activities.
Medical Marijuana: Marijuana is not permitted on any Three Rivers College owned or controlled property or College sponsored activity even though there may be state laws that permit its use because it remains a drug prohibited by federal law. The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. A 811) which does not recognize the difference between medical and recreational use of marijuana. Three Rivers College receives federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal grants. As a condition of accepting this money, the College is required to certify compliance with the Drug-Free Schools and Communities Act (DFSCA) (20 U.S.C. 1145g part 86 of the Drug and Alcohol Abuse Prevention Regulations). Thus to comply with the Federal Drug Free School and Communities Act and avoid losing federal funding, the College must prohibit all marijuana use, including medical marijuana, and provide sanctions for its use.
Cannabidiol (CBD) products or oils are sold in an unregulated market. To be legal, the amount of THC must be less than 0.3 percent. Because there are not federal or Missouri laws regarding the enforcement of labeling, you could be taking an unknown substance which may result in impairment. In addition, there is no way to separate the use of cannabis oils/products and the abuse of marijuana. If employees are subject to drug testing, a positive test will result in disciplinary action, up to and including termination.

DOCUMENT HISTORY:

09-22-2010:		Initial approval of regulation GAR 1206 Alcohol/Drug-free Work/Learning Place.
05-14-2012:		Added section on general interpretation.
09-21-2016:		The College Board of Trustees approved the name change of the College from Three Rivers Community College to Three Rivers College.
02-20-2019:		The inclusion of an alcohol exception rule, language for Drug-Free Workplace Act, references for Drug-Free Schools & Communities Act Amend. 1989; Drug-Free Workplace Act of 1988; Controlled Substances Act, language for Article IV of the US Constitution on Supremacy Clause/Doctrine of Pre-emption, referenced PP 4730 Suspension or Termination and the addition of a Medical Marijuana clause prohibiting use by Federal Law.
11-20-2019:		The inclusion of item #7, regarding Cannabidiol (CBD) products or oils as an unregulated market in the State of Missouri and added references: US Federal Department of Transportation regulation, and Motor Carrier Safety Administration.

GAR 1208 Workplace Violence

Section: 1000 General Administration
Sub Section: 1200 Equal Opportunity
Title: GAR 1208 Workplace Violence
Primary Policy: GAP 1205 Code of Ethics
Associated Policies: SP 2610 Student Code of Conduct; SP 2620 Disciplinary Proceedings; PP 4730 Suspension or Termination; IP 6710 Faculty Rights and Responsibilities; HSP 5120 Firearms and Weapons; GAP 1207 Depression and Suicide Prevention
Associated Regulations: SR 2610 Student Code of Conduct; SR 2620 Disciplinary Proceedings; PR 4730 Suspension or Termination
References: U.S. Department of Labor Occupational Safety and Health Administration (OSHA)
Supersedes: NA
Responsible Administrator: College President
Initial Approval: 11-18-2020	Last Revision:

Three Rivers College is committed to the safety and security of its students, faculty, staff, and visitors. To support this effort, the College has adopted the following workplace violence regulation. The College will not tolerate violent or threatening behavior directed at students, faculty, staff, visitors, or property. This includes any acts of violence, harassment, or threats made on College property, or at College sponsored events; and refers to acts or threats of violence made directly or indirectly, by words or gestures or symbols. Workplace violence is any action that threatens the physical safety and/or psychological well-being of others or oneself. There are three levels of workplace violence: verbal aggression, unreasonable behavior, and physical acts. Examples of the three levels of workplace violence are as follows:

Verbal aggression: constantly refusing to cooperate, spreading rumors to harm others, being aggressively argumentative, and exhibiting belligerent behavior toward others.

Unreasonable behavior: refusing to obey policies and procedures, sabotaging equipment and/or stealing property for revenge, and sending sexual or violent notes to coworkers or managers.

Physical acts: suicidal or homicidal threats, physical fights, destruction of property, or commission of a murder, rape, or arson.

Prohibited Behavior

The following non exhaustive list of workplace violence prohibited under the terms of this regulation:

The use of physical force with the intent to cause harm;
Threats of physical force or violence, which can be reasonably expected to intimidate, coerce, or cause fear of harm;
Acts or threats of violence made directly or indirectly by words, gestures or symbols;
Property crimes that would reasonably be anticipated to have the effect of intimidating or causing fear of harm.

Procedures

Violators of this regulation who are employees or students may be referred to counseling services, subject to disciplinary action which may include termination, and may also be subject to arrest and/or prosecution. If this regulation is violated by a member of the general public, the College may bar that individual from College owned or controlled property, terminate any business relationship (or the company they represent), and further prosecute the individual to the extent that the law permits.

Students and employees of the College are encouraged to report any acts of workplace violence as described in this regulation. The local police should be notified immediately to report a violent incident at any of the Three Rivers College properties or College sponsored events. If face to face reporting is not possible, another method of reporting a workplace violence incident is through the college website on an Incident Report Form.

DOCUMENT HISTORY:

11-18-2020:

Initial approval of regulation GAR 1208 Workplace Violence.