Chapter 6: Appendix
APPENDIX
T. Policy Regarding Films and Motion Pictures Presented on University Property
for Purposes of Entertainment
In the belief that the medium of film contributes to the intellectual, cultural,
and aesthetic development of individuals within the University community, and
also cognizant that contemporary community standards in this regard must be honored,
Miami University establishes this policy.
SECTION
06T.101 Films and Motion Pictures Presented by Student Organizations
06T.101.A. Development of criteria
101.A.1. The Office of Student Activities and Leadership shall develop, with
the greatest sensitivity toward contemporary community standards, specific criteria
defining ":obscenity" in regard to films and motion pictures.
101.A.2. The Advisory Committee to the Shriver Center shall review said criteria
and shall present a recommendation regarding said criteria to the Student Affairs
Council.
101.A.3. The Student Affairs Council shall review and pass a recommendation
to the President on said criteria.
101.A.4. The President shall adopt, reject, or modify the recommendation of
the Student Affairs Council and certify specific criteria defining
":obscenity" in regard to films and motion pictures.
101.A.5. Criteria certified by the President shall stand until such time as
the President or the Student Affairs Council directs redefinition through this
procedure.
06T.101.B. Application of criteria
Student organizations shall present only those films and motion pictures that
are determined not to be ":obscene" under existing certified criteria.
Student organizations must obtain permission to present films and motion pictures
on University property from the Office of Student Activities and Leadership by
completing an Event Planning Form within the established time frame.
06T.101.C. Redetermination
101.C.1. The Student Affairs Council, upon recommendation from the Director
of Student Activities and Leadership or the Assistant Director of Student Activities
and Leadership, may supersede the determination reached by student organizations
and direct either the presentation or non-presentation of a particular film or
motion picture.
101.C.2. A film or motion picture that student organizations have determined
to present shall not be denied presentation unless the Student Affairs Council
has directed non-presentation on or before the scheduled presentation date.
SECTION
06T.102 Procedure to Be Observed in Preventing the Showing of a Film Believed
to Be Obscene
06T.102.A. The University can impose restraint on the showing of a film
for a specified brief period and for the preservation of the status quo.
06T.102.B. The University bears the burden of proving that the film is
obscene. As only a court decision can adequately decide the question of what is
obscene, the University must promptly seek judicial determination.
SECTION 06T.103 Violations
Any individual or group violating this policy shall be subject to discipline
(see Part III Sanctions, of Chapter 2 Code of Student Conduct for procedures applicable
to students). If requested by the person or persons charged with the violation,
the procedure would include a determination of whether the film in question is
obscene.
SECTION
06T.104 Specific Criteria Defining
":Obscenity" in Regard to Motion Pictures Shown on University Property
for Purposes of Entertainment
06T.104.A. Miami University differentiates between the presentation of
art, on the one hand, and the presentation of obscenity and/or gratuitous violence,
on the other. This differentiation is based on an analysis of the film: if the
dominant theme of the work is to appeal to the prurient interest of the audience
by the depiction of obscenity or violence, the film shall be determined obscene.
06T.104.B. This determination shall be made by application of the following
principles:
104.B.1. Whether the average person, applying contemporary community standards
would find that the work, taken as a whole appeals to prurient interest;
104.B.2. Whether the work depicts or describes in a patently offensive way specifically
defined sexual conduct, such as:
a. Patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated; or
b. Patently offensive representations or descriptions of masturbation, excretory
functions, or lewd exhibition of the genitals; and
104.B.3. Whether the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value.
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