I. Policy Statement
The University has an obligation to protect free inquiry and free expression.Expressive activities on campus must not, however, interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property, nor may they interfere with the University’s obligation to protect the rights of all to teach, study, and freely exchange ideas.
In conformity with guidance issued by the UC Office of the President in 2024, this campus policy clarifies two specific prohibitions related to expressive activity on campus, namely (a) the intentional concealment of identity for the purpose of escaping discovery while violating a law or campus policy, and (b) the blockage of campus passageways such that emergency vehicles or disabled individuals cannot pass through.
II. Definitions
None
III. Scope of Policy
This policy applies to all individuals accessing University property
Note: Conduct by represented employees that would violate this policy will be addressed through other existing policies and practices until any union bargaining of this policy is complete.
B. This policy applies on all University property and in all locations controlled by the University.
IV. Policy
A. Concealing identity while violating University policy or applicable laws.
1. While wearing masks or face coverings is permissible for all persons who are complying with University policies and applicable laws, no individual, while on University property, may conceal their identity or refuse to provide their identification for the purpose of evading or escaping discovery, recognition, or identification in the commission of a violation of applicable University policy or local, state, or federal laws, including acts of unlawful intimidation or unlawful harassment of any person or group.
2. If a student or employee is found to have violated a university or campus policy, and was wearing a mask in an effort to avoid being identified while violating that policy, the student or employee can be charged with a violation of this policy as well.
B. Interfering with the free flow of traffic.
1. No person on University property or at official University functions may block entrances or exits or otherwise interfere with the ability of emergency vehicles and disabled individuals to pass through an area of campus that they are entitled to access (including pathways, roads or plazas, and campus buildings), unless doing so in their official capacity sanctioned by the University.
C. Berkeley Campus Regulations.
1. The campus administrator who has delegated authority to make changes to the Berkeley Campus Regulations (see VII.A) is authorized by this policy to conform the Berkeley Campus Regulations to this policy.
V. Responsibilities
A. Any individual may report violations of this Policy to the Whistleblower Hotline. Complaints will be directed to those responsible for reviewing the situation as appropriate.
B. Any individual may report violations of the law to UCPD.
C. This policy may only be enforced by university employees who have been specifically authorized to enforce this policy.
VI. Consequences of Policy Violations
A. Any individual found to be in violation of this policy may be subject to disciplinary action in accordance with applicable academic personnel, staff personnel, or Student Code of Conduct policies, including collective bargaining agreements. Volunteers who are found to be in violation of this policy may be subject to termination of volunteer service.
Note: Conduct by represented employees that would violate this policy will be addressed through other existing policies and practices until any union bargaining of this policy is complete.
VII. Related Policies and Procedures
A. Berkeley Campus Regulations Implementing University Policies