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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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