BATTLE CREEK, MI (WTVB) – Kellogg Community College has reached an agreement to resolve a complaint in federal district court regarding a trespassing arrest that occurred at the college’s Battle Creek campus in 2016.
Without admitting any liability or recognizing the validity of the plaintiffs’ claims, KCC agreed to a financial settlement ,most of which is covered by the College’s insurance policy.– Minor revisions will also be made to its Freedom of Expression Policy.
The lawsuit against KCC stemmed from a Sept. 20, 2016, incident in which three individuals, none of whom were KCC students at the time, were arrested on trespassing charges on the college’s North Avenue campus. Through their attorneys, the individuals objected to the College’s Solicitation Policy and claimed that KCC had violated their constitutional rights.
After receiving a complaint on Sept. 20, 2016, campus personnel spoke at length with the individuals who were actively soliciting passersby outside the KCC Student Center and attempting to recruit students for an organization called Young Americans for Liberty. Accoring to to KCC’s Solicitation Policy at the time, an activity of that type on the campus had to first be approved by the Office of Student Life in order to make sure the activity did not disrupt the campus.
During a thorough review of its policies, the KCC Board of Trustees in August 2017 opted to adopt a Freedom of Expression Policy after determining that the institution’s former Solicitation Policy, while compliant with all applicable laws, needed clarity. KCC officials say the new Freedom of Expression policy makes clear how KCC accommodates expressive activities on its property while ensuring that such activities do not interfere with College operations and the learning environment.
The KCC Board of Trustees adopted minor revisions to the policy, per the terms of the settlement agreement, during its regular meeting on Jan. 17, 2018.
“Kellogg Community College is an institution of higher education dedicated to teaching, learning and academic success,” President Mark O’Connell said. “Since its inception in 1956, the College has highly regarded and continuously embraced the freedom of speech, freedom of expression and right to peaceably assemble. As an educational institution and steward of public resources, we are pleased to have this lawsuit resolved and we look forward to continuing our legacy as a marketplace of ideas for years to come.”
