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July 2026
The University of Hawai?i has updated its Executive Policy (EP) and adopted new Administrative Procedures (AP) regarding guidelines for expressive activities at the 10 Âé¶¹´«Ã½campuses. Effective July 1, 2026, the policy and procedures will be implemented on an interim basis, and the University will re-initiate outreach, education and engagement with students, faculty, staff and administrators during the 2026 fall semester.
Executive Policy (EP)
Administrative Procedures (AP)
Additional Resources
- Summary Chart: Policy Changes by Category?
- Consultation Timeline (Below)
- Message from Âé¶¹´«Ã½President Wendy F. Hensel
Why the Policy Was Updated
The University of Hawai?i is committed to the free and open exchange of ideas and affirms the constitutional rights of members of the university community to engage in expressive activity. At the same time, universities must balance those rights with the responsibility to maintain supportive and engaging learning environments and avoid disruptions to academic instruction, research, student services and campus operations. This policy was last updated more than a decade ago and required revision to provide clearer guidance that protects expressive rights while balancing the learning needs of our students and the operational needs of a university campus.
The updated policies are designed to:
- Reaffirm the university¡¯s commitment to free expression and academic inquiry
- Clarify expectations for expressive activities, including demonstrations and protests
- Provide greater consistency and transparency across campuses
- Allow campuses to establish reasonable time, place and manner guidelines based on their unique environments and operational needs
- Help ensure academic and administrative functions can continue without disruption
Extensive Consultation Process
The policy update was informed by extensive informal consultation with the Âé¶¹´«Ã½Leadership prior to beginning formal consultation in November 2025.
Input was sought from governance bodies and stakeholders across the university, including:
- Campus faculty senates
- Student caucus
- Âé¶¹´«Ã½leadership
- University of Hawai?i Professional Assembly (UHPA)
- Hawai?i Government Employees Association (HGEA)
- Office of General Counsel
- Campus safety and security personnel
- Offices with relevant operational and technical expertise
- ACLU?
Several systemwide town halls and consultation sessions were also held. Feedback received throughout the process helped shape and enhance the latest drafts, and the redlined versions and the summary chart above demonstrate the extent to which revisions and enhancements have been made based on feedback.
The university will continue outreach efforts, including informational meetings, at the start of the fall 2026 semester to explain implementation and answer questions.
Consultation Timeline
November 14, 2025
Draft free expression and academic freedom policies circulated to all faculty senates and the student caucus for formal consultation and comments.
November 17, 2025
Discussed at weekly Âé¶¹´«Ã½System Officers meeting that included the President, Vice Presidents, Âé¶¹´«Ã½²Ñ¨¡²Ô´Ç²¹ Provost and Âé¶¹´«Ã½Hilo and Âé¶¹´«Ã½West O?ahu Chancellors
December 11, 2025
Systemwide Zoom meeting and question and answer session on free expression and academic freedom policies.
January 12, 2026
Systemwide Zoom meeting and question and answer session on free expression and academic freedom policies.
March 20, 2026
Following months of internal review with policy owners and the Office of General Counsel and resulting revisions, discussed at weekly Âé¶¹´«Ã½System Officers meeting that included the President, Vice Presidents, Âé¶¹´«Ã½²Ñ¨¡²Ô´Ç²¹ Provost and Âé¶¹´«Ã½Hilo and Âé¶¹´«Ã½West O?ahu Chancellors
April 13, 2026
Discussed with the security team and university leadership.
April 14, 2026
Submitted for formal consultation with UHPA and HGEA; revised drafts recirculated to faculty senates for extended discussion (through May 20, 2026).
May 2026
Reviewed comments from UHPA and HGEA consultation and further revised free expression policy revised policies. Based on feedback from UHPA, the academic freedom policy is withdrawn because academic freedom is protected under the Collective Bargaining Agreement.
May 20, 2026
Meeting with William S. Richardson School of Law Free Speech Ad Hoc Group, Âé¶¹´«Ã½²Ñ¨¡²Ô´Ç²¹ Faculty Senate leadership, graduate and undergraduate student representatives and political science faculty.
May 26, 2026
Discussed at weekly Âé¶¹´«Ã½System Officers meeting that included the President, Vice Presidents, Âé¶¹´«Ã½²Ñ¨¡²Ô´Ç²¹ Provost and Âé¶¹´«Ã½Hilo and Âé¶¹´«Ã½West O?ahu Chancellors
June 17, 2026
Discussed proposed policies with the Hawai?i ACLU.
FAQS
General Policies & Access
Are the 10 campuses of the University of Hawai?i creating a new policy that restricts free speech and protest?
No. The University of Hawai?i continues to actively support and protect free speech and public assembly, as it has for decades. The current policy was last substantially updated more than 10 years ago. The updated Executive Policy and Administrative Procedure are designed to clarify existing expectations, provide greater consistency across campuses, and offer clear, detailed guidance so that students, faculty, staff and visitors can confidently exercise their constitutional rights to protected expressive activities.
What are considered "Expressive Activities"?
Expressive activities are expressions and assemblies protected by the First Amendment to the U.S. Constitution and the Hawai?i State Constitution. These activities include protests, demonstrations, speeches, public speaking, picketing, distributing written or printed materials, carrying signs, marches, rallies, parades, vigils, circulating petitions and other public demonstrations on University property.
Are protests still allowed under the updated policies?
Yes. Peaceful protests, demonstrations, rallies, speeches, marches, vigils, petitions and other forms of constitutionally protected expression remain permitted under the policies.
Who is allowed to engage in expressive activities on campus?
Expressive activities are open to everyone, including University-affiliated persons (students, faculty, staff, recognized student organizations and official volunteers) as well as non-affiliated visitors. Members of the Âé¶¹´«Ã½community enjoy broad campus access and are welcome to spontaneously assemble in generally accessible outdoor areas, not just designated public forums. Non-affiliated visitors are welcome to utilize designated public forums or limited public forums during standard hours of operation.
Where can I protest or hold an expressive activity?
As a member of the Âé¶¹´«Ã½community, you are free to engage in expressive activities across any generally accessible outdoor areas of the campuses. Designated Public Forums offer the highest degree of freedom, allowing gatherings with no distance limitations from building entrances or exits while allowing campuses to further relax rules in their policies. In other outdoor campus areas, you can gather freely. A 25-foot buffer from building walls, doors, or windows applies when those classrooms, offices, or sensitive service areas, such as health clinics or childcare facilities, are in use for instruction, meetings or business.
Is the university banning protests near Bachman Hall or other administrative buildings?
No. The policy does not prohibit protests near administrative buildings. However, expressive activities may not block entrances, exits, emergency access routes or otherwise interfere with the operation of university facilities. Similar restrictions apply to classrooms, residence halls, health facilities and other campus buildings.
Why does the policy include a 25-foot setback from buildings?
The setback helps protect active learning and working environments. It only applies when classrooms, offices, or sensitive service areas, such as health clinics or childcare facilities, are in use. This ensures that while classes and university operations are in session, students can hear their instructors and focus on their studies while still providing demonstrators maximum freedom to express themselves near these facilities.
How is the 25-foot buffer zone measured, and what if we disagree or are unsure about the distance?
To ensure objective and consistent application, compliance with the 25-foot buffer is determined using a straight-line horizontal distance on the ground. It is measured from the point on the ground directly adjacent to the active building wall, window, door or architectural feature to the nearest edge of your activity, a participant or an object (such as a table, display or tent).
If your group is unsure about the boundary line, or if you disagree with an assessment of the distance, you may request formal confirmation. Upon request, authorized campus personnel will identify the specific triggering architectural feature and demonstrate the measured distance using a physical measurement tool.
Events & Gatherings
What qualifies as a "Major Event"?
A Major Event is an activity or event that requires proactive planning and coordination to ensure both the success of the event and to preserve the safety of the campus community. It is characterized by one or more of the following:
- Expected attendance exceeding 100 people.
- Sound over 60 decibels (measured 50 feet from the source) or the use of a sound-amplifying device.
- Features a high-profile speaker or dignitary sponsored by a University-affiliated group.
- Requires a large venue or large structures/displays.
- Involves a march, walk or race exceeding 100 people.
- Spans multiple days or facilities.
- Has an operational budget exceeding $10,000.
Does a protest with more than 100 people automatically require approval from the university?
No. Spontaneous gatherings, including those with more than 100 participants, are fully permitted without advance reservation. A reservation is generally only coordinated when an activity meets other operational criteria of a Major Event (such as use of sound-amplifying devices, hosting a high-profile speaker, significant infrastructure or security needs) so the campus can help support and resource the event safely.
Do I need a reservation to hold an event?
You can hold many kinds of events without any reservation. If your activity qualifies as a Major Event, you must secure a reservation in advance to ensure the space is dedicated to your group and enable the campus to properly support and resource the event. Reservation requests are processed in a content-neutral manner, ensuring all viewpoints are welcome.
Are spontaneous gatherings or protests allowed without a reservation?
Yes. Recognizing the need for spontaneous expression, University-affiliated persons may hold spontaneous gatherings, protests or rallies without advance registration, primarily in Designated Public Forums. These gatherings can exceed 100 people, provided they do not trigger specific logistical needs that require Major Event coordination, such as amplified sound or high-profile dignitaries.
Specific Activities (Signs, Noise, Tabling and Chalking)
What are the rules regarding noise and amplified sound?
Individuals are fully encouraged to make their voices heard through speeches, chants, songs and other traditional forms of expressive activity. To balance robust expression with active learning, the policy provides options, depending on the needs of your expressive activity. Without a Major Event reservation, there is a 60-decibel threshold that is measured at a distance of 50 feet from the edge of the gathering, not from within the gathering itself. Because sound level decreases significantly over open spaces and distance, a limit of 60 decibels at 50 feet allows the actual sound at the protest site to be much louder (estimated around 80 decibels, the same as heavy city traffic or hearing a large diesel truck driving by).? This Center for Disease Control explains the harm that sustained loud noises can cause in the workplace.
If a higher volume or the use of sound-amplification devices is planned, the organizing group would simply need to coordinate a ¡°Major Event¡± to ensure proper scheduling and planning to preserve both the free speech rights and the educational mission of the University.
Does the policy prevent demonstrators from being heard?
Not at all. Demonstrators are encouraged to use their voices, carry signs and other forms of expression to convey their message. The noise standards are content-neutral guidelines established solely to protect the quiet study and instructional environments of your fellow students and Âé¶¹´«Ã½community.
Why was a 60-decibel at a distance of 50 feet threshold selected?
The threshold provides an objective standard to help determine when an activity may require additional planning and coordination as a Major Event. Sustained noise at this level will disrupt classes and University operations, so planning is necessary.? It is not intended to prohibit expression. Using objective standards reduces ambiguity and promotes consistent enforcement regardless of viewpoint.
Can I set up a table on campus?
University-affiliated persons can engage in tabling in Designated Public Forums without prior approval, as long as the area is not already reserved and the table does not block traffic. Tables must be staffed at all times by University-affiliated representatives, conspicuously display the sponsoring organization’s name and maintain a minimum distance of three to six feet from other groups.
Can we set up tents, shrines or camp overnight?
While overnight camping is not permitted on University property, University-affiliated members may erect Temporary Symbolic Structures, such as displays, walls or shrines, intended to convey their message. Approval is required ahead of time to coordinate space and safety, but these displays may remain for up to 30 days, and possibly extended, through a request submitted seven business days in advance.
Is the university banning encampments?
The University maintains its long-standing policy prohibiting overnight camping on campus grounds. However, the updated policy provides clear, supportive alternative avenues for individuals to engage in expressive activities such as Temporary Symbolic Structures and planned or unplanned events.
Is chalking allowed?
Yes. Chalking is an encouraged way for the University community to express ideas. You are welcome to use water-soluble chalk on any fully exposed exterior concrete or asphalt sidewalk across campus, not only in designated public forums. To keep pathways clear and protect facilities, chalking is not allowed on vertical walls, steps, covered overhangs, or areas within 25 feet of buildings when in use. However, in designated public forums, distances from exits and entrances are removed and campuses may even further relax rules such as the prohibition on steps or under overhangs.?
Where can I put up posters or flyers?
University-affiliated members are welcome to post non-commercial materials on designated community bulletin boards. Materials may not be attached to walls, windows, doors, trees, utility poles or vehicles, and may not be left unattended on campus grounds. One copy may be placed on a community board and must include the event title, date, time, location and sponsor information.
Policy Development & Implementation
Was this policy developed in response to a specific protest, political issue or federal action?
No. This review is part of a broader effort to update university policies that had not been substantially revised in many years. The primary goal is to provide clear, positive guidance and transparent processes that support free expression consistently across all campuses. Because of the experiences of other universities, the need for this clarity is evident, but as is clear from the summary of changes, the interim policy and procedures are the product of a distinctly University of Hawaii process of engagement with University of Hawaii stakeholders.
Does the policy target any specific political viewpoint, movement or cause?
No. The policy is viewpoint-neutral and content-neutral. It applies equally to all individuals and groups regardless of their political beliefs, ideology, cause or message. University officials may not deny approval for an event or activity based on the viewpoint being expressed.
Is the policy final?
No. The policies will be implemented on an interim basis beginning July 1, 2026. The university will re-initiate outreach, education and engagement efforts during fall semester.
Enforcement & Unprotected Conduct
Is there any type of speech or conduct that is NOT protected by this policy?
Yes. While the University protects nearly all forms of expression, there are types of speech and conduct that are unlawful or not constitutionally protected. This includes, but is not limited to:
- Physical altercation, violence or possession of weapons.
- Threats of violence or incitement to imminent lawless action.
- Willful destruction or defacement of property.
- Raising false alarms (e.g., swatting, false bomb threats).
- Severe and pervasive harassment based on protected categories (race, sex, religion, etc.).
- Obstructing traffic or access to University facilities.
- Substantially interfering with University operations (such as disrupting classes or events with excessive noise).
- The “Heckler’s Veto” (intentionally creating a material disruption to silence a speaker and deprive the audience of their right to listen such as using bullhorns, audio speakers, whistles, constant yelling, etc.).
What happens if an activity is found to violate these policies, and can it be suspended?
The University¡¯s priority is always to support free expression. If an issue arises, University officials will, when feasible, provide notice of the violation and an opportunity to comply so the activity can continue safely. Any enforcement action will be narrowly tailored to preserve expressive rights.
The University reserves the right to suspend, terminate, or revoke approval for an activity if specific and articulable facts show that it:
- Poses an immediate threat to health and safety.
- Results in or presents an imminent risk of significant property damage.
- Materially and substantially disrupts (or imminently threatens to disrupt) University operations.
- Violates applicable laws, policies, or procedures in a way that cannot be resolved through less restrictive measures.
What can I do if I believe my free speech rights have been threatened or violated on campus?
This policy establishes a voluntary Dispute Resolution process specifically to protect your expressive rights. Chancellors or the Provost (or their designees) will engage the involved parties in good faith discussions to find constructive, campus-level resolutions.
