Interim Policy for Authorized Campus Demonstrations

Introduction: 

Emerson College believes in the right to protest and is committed to the protection of peaceful  demonstrations. The Emerson Community is open to a free 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. Emerson College also encourages safe outdoor demonstrations conducted on public property, such as the Boston Common, as described below. 

Institutional Status:

It is important to note that Emerson College is a private institution, not a public forum, and is not subject to the First Amendment protections of the U.S. Constitution. Nevertheless, Emerson remains committed to freedom of expression within the parameters of the content-neutral time, place, and manner limitations outlined in this policy. Unlawful civil disobedience is not protected by the First Amendment and is contrary to Emerson College policy. Students engaged in demonstrations shall not be subject to the Student Conduct Process for their participation in demonstrations unless they do not adhere to 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:

Because of the limited outdoor space available on the Boston campus of Emerson College, selected spaces that are generally unavailable for spontaneous demonstrations may be used when approved for a demonstration using the Pre-Registration Spaces process. Failure to pre-register a demonstration in a Pre-Registration Space or abide by the requirements implemented during the Pre-Registration Spaces process is a violation of this policy. The following guidelines will apply for indoor demonstrations with pre-registration and approval:

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 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 7 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. 
4. The event organizer may be required to meet with the Vice President and Dean of Campus Life or designee as part of the approval process.
5. The following indoor spaces may be made available for potential demonstrations after prior registration and written approval by the Dean of Campus Life or designee:
   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 Paramount Center may be used for quiet demonstrations
   8. Other spaces may be considered on a case-by-case basis

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 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. Any other space designated, temporarily or permanently, by the College as an inappropriate protest location.
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 8am or after 7pm, outside of posted building hours, OR  when 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.
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 must produce photo identification and remove masks 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 involuntary 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, admissions, tours, or enrollment events, will carry increased disciplinary sanctions.

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 though the City of Boston. 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.

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 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.