Policy for Authorized Campus Demonstrations

Introduction:

Consistent with our vision, Emerson College champions the power and potential of the arts and communication to enrich lives, build connections, strengthen relationships, influence culture, and advance society. Expression is one of Emerson’s seven core values and has been central to our mission since our founding in 1880. The College supports the right of our community members to express their beliefs. We are committed to the protection of peaceful demonstrations and the free and creative exchange of ideas in which diverse viewpoints can coexist in an atmosphere free of intimidation or recourse to physical force.

Unlike many other Colleges and Universities, the Boston campus of Emerson College is an urban campus with no outdoor areas that are safe for campus demonstrations in a manner that does not disrupt campus operations and access, and that is not subject to legal oversight by the City of Boston. In order to allow for safe campus demonstrations, Emerson will make selected indoor spaces available for campus rallies and demonstrations, subject to pre-registration and approval. Emerson College also encourages safe outdoor demonstrations conducted on public property, such as the Boston Common, as described below. For the purposes of this policy, the College’s “campus” includes all spaces under the ownership or control of the College, including leased spaces, indoor and outdoor spaces, and other spaces used for College events.

Institutional Status:

It is important to note that Emerson College, as a private institution, is not subject to the First Amendment like public institutions. Nevertheless, because Emerson respects and values First Amendment rights, it remains committed to freedom of expression within the parameters of the content-neutral time, place, and manner limitations outlined in this policy. Students, faculty, and/or staff who participate in lawful and peaceful demonstrations will not face disciplinary action through their respective conduct processes unless they fail to follow this policy, violate other College policies, or engage in illegal activity.

Applicability:

This policy applies to all demonstrations on campus held by Emerson students, staff, faculty, alumni, or officially recognized groups. Outside parties and unaffiliated groups are not permitted to organize demonstrations on our campus, and organizing or participating in these unauthorized demonstrations will be considered a violation of College policy. The College reserves the right to require additional conditions related to time, place, and manner, especially when these are necessary to protect the wellbeing of our community and keep our community safe.

Pre-Registration Spaces for Indoor Demonstrations:

The following selected spaces that are generally not available for spontaneous demonstrations may be used for demonstrations by students, faculty, and/or staff when pre-approved in writing by the Vice President for Student Affairs through the official pre-registration process:

  1. Bill Bordy Auditorium and Theater
  2. Plofker-Brown Gymnasium
  3. The Lion’s Den
  4. The Loft
  5. 172 Tremont Entrance Lobby
  6. Little Building Lobby
  7. Corridors within the Paramount Center may be used for quiet demonstrations
  8. Other spaces may be considered on a case-by-case basis, especially when there is a request for non-disruptive, transient, or brief use of such spaces in the course of an approved demonstration plan.

Failure to pre-register a demonstration in a space requiring pre-registration or abide by the requirements implemented during the pre-registration process is a violation of this policy. The following will be required when applying to pre-register indoor demonstrations :

  1. All demonstrations in pre-registration spaces must have a College-affiliated organizer (student, faculty, or staff) who is the primary point of contact for the pre-approval process and who will be responsible for adherence to this policy and any special conditions placed upon approval.
  2. If the demonstration is on behalf of an official student organization or interest group, then the official advisor for the organization must also participate in this pre-registration process in addition to the organizer.
  3. A request for a demonstration in a pre-registration space must be made at least five calendar days in advance, the request must be submitted online using the official registration process, and the request should include all requested details on the size, time, place, and manner of the demonstration. The College will consider requests for more timely indoor demonstrations that would otherwise comport with these guidelines on a case-by-case basis in advance of potential demonstrations.
  4. The event organizer may be required to meet with the Vice President for Student Affairs or designee as part of the approval process.

Demonstration Prohibitions:

Demonstrations must be orderly and carried out consistently with the following guidelines.

 

  1. Gathering or refusing to disperse when blocking corridors, entrances, or stairs to any building or area or the use of loud noise or noise-generating devices (such as amplified sound or drums) to disrupt normal business operations, conferences, meetings, residential comfort, or classroom sessions is prohibited.
  2. Demonstrations may not be conducted in faculty or administrative offices, classrooms, conference rooms, the Iwasaki Library, residence hall communities, exercise and athletic training spaces, academic/performance areas, or other areas of special concern, including:
    1. Emerson College’s Theaters and Rehearsal spaces, including Cutler Majestic Theatre,  Greene Theatre, Semel Theatre, Jackie Liebergott Black Box Theatre, Paramount Theatre/Robert J Orchard Stage, Emerson Colonial Theatre, Bordy Theatre, Judee Wales Watson Theatre (formerly the SPC Theatre), SPC Black Box Theatre (unless otherwise approved and reserved as noted below).
    2. The Boylston Place Alley or any similar access corridor where other parties have a right to limit activities, e.g., private property owners with independent rights, state and city actors with additional regulatory frameworks.
    3. Other leased or community properties, including 20 Park Plaza (Saunders Building), the State Transportation Building, and any other Emerson College leased office spaces.
    4. The College reserves the right to designate additional spaces as inappropriate protest locations.
  3. Picket lines in College corridors are prohibited.
  4. Tents and other permanent or temporary structures may not be used in any type of demonstration.
  5. Demonstrations may not be held before 8:00 am or after 7:00 pm, outside of posted building hours, or when the campus is closed for a break or holiday.
  6. Demonstrations/demonstrators may not obstruct, interfere with, intimidate or harass College personnel in their performance of their normal duties and activities, including campus tours and recruitment events.
  7. All relevant policies regarding appropriate and respectful treatment of individuals and physical spaces continue to apply.  In particular, individuals’ rights to be in a space or freely traverse a space should not be unreasonably impeded or harassed by protest activities.
  8. Demonstrators may not wear items that are intended to conceal their identity. Demonstrators must produce photo identification upon request to permit College personnel to verify their status as members of the Emerson community. Refusal to show an Emerson ID will result in a request that they immediately vacate the premises.  Individuals who refuse to cooperate with this process will be subject to removal from College property and/or may be subject to disciplinary action.
  9. Violations of this policy that are intended to impact, or have the effect of impacting, the safety of our community or interfere with essential College activities, including but not limited to move-in or move-out, commencement, board events, graduation ceremonies, admissions, tours, or enrollment events, will carry increased disciplinary sanctions.
  10. Violations of this policy connected with demonstration events where individuals participating in the protest damage or deface College property or the property of others will carry significantly increased disciplinary and/or financial sanctions.
  11. Outside parties or members of the public, such as individuals other than students, staff, faculty, or alumni, are not permitted to demonstrate on property owned or controlled by Emerson College. Such individuals will be asked to leave, may be banned from campus, and may be subject to arrest for unlawful trespass or other criminal violations if they fail to comply with directives to leave and remain off campus.

Demonstrations on Public Property:

The public sidewalks and parks bordering or adjacent to Emerson College property are public property and therefore demonstrations must be appropriately permitted through the City of Boston. More information about demonstrations on public property can be found here. In addition to complying with permitting requirements and all applicable laws, demonstrations occurring on public property must not block access to campus buildings or be disruptive to campus operations in a manner that would violate this or other College policies. Such spaces may be a more appropriate venue for holding spontaneous or unplanned demonstrations.

Individuals wishing to exercise their right to demonstrate in the Boston Common, which has a long and robust history as a prominent expressive space, should review this guide assembled by the City of Boston outlining the permitting process and special rules for that public space.

Employees who violate this Policy or facilitate violation of this policy by others will be subject to discipline, up to and including termination.

This policy will be interpreted consistently with, and does not, and is not intended to, limit the legal rights of employees to engage in concerted or protected activities under the National Labor Relations Act. Additionally, in jurisdictions where this policy is inconsistent with local law, Emerson College will articulate location-specific guidelines.

All demonstrations are subject to our anti-discrimination policies. If you feel that you are being harassed or discriminated against in violation of the Policy Against Discrimination, Harassment & Sexual Violence you can report a concern.