Policy 441: Public Demonstration Policy
Responsible Department: Office of Institutional Compliance & Risk Management (ICRM)
Responsible Administrator: Director of ICRM
Effective Date: November 1, 2024
Date of Scheduled Review: November 2028
I. PURPOSE
The purpose of this policy is to guide individuals or groups wanting to conduct public demonstrations on the grounds of 鶹ýӳ (the “university”) in a manner consistent with the ideals and mission of the university. The policy guides to ensure that such activities do not disrupt normal business operations, including teaching and research. This policy is also intended to ensure that all public demonstrations are conducted legally and lawfully.
II. SCOPE
This policy applies to all 鶹ýӳ students, faculty, staff, affiliates and visitors (whether individuals or groups) while on campus or university-owned property.
III. PRINCIPLES
鶹ýӳ (ACU) values open dialogue and the exchange of ideas in a manner that is consistent with the university’s mission. Within this context, faculty, staff, students, and affiliates may engage in public demonstrations on ACU property that follow this policy and other ACU policies.
ACU is a private university. Accordingly, the campus is private property, and no party may enter or remain upon it without the consent of the university. Furthermore, no party may conduct or participate in any public demonstration without the express written consent of the university.
As a tax-exempt entity, the university must abide by federal and state laws that prohibit the use of university facilities, services or personnel from promoting or supporting individuals or organizations campaigning for public office; and laws that prohibit the university (or any of its related entities) from contributing to or supporting political candidates or parties. Therefore, no university resources may be used for political purposes, except to the extent approved by the Office of General Counsel. These restrictions on political activity do not apply to any employee acting solely in an individual capacity on his or her own time and utilizing his or her own personal resources. Please see ACU Policy 440: Political Campaign Activity for further information.
Protests and demonstrations that impede or disrupt the academic mission, normal business operations, research, or the free speech of others, or consist of or promote targeted violence and harassment, or threaten campus/personal safety will prompt a swift and coordinated response to ensure compliance with ACU policy.
IV. DEFINITIONS
These definitions apply to terms as they are used in this policy.
鶹ýӳ Property – Buildings, grounds, and land that are owned by ACU or controlled by ACU via leases or other formal contractual arrangements to house ongoing university operations.
ACUPD – 鶹ýӳ Police Department
Public Demonstration – Refers to a planned or spontaneous action by a group or individual, not officially sponsored by the university, intended to express some grievance, or support a social or political cause; may include, but is not limited to, protests, speakers and/or planned or impromptu gatherings.
EOT – Emergency Operations Team, which will manage, assist in approval and supervise all pre-planning for public demonstrations.
Premises – Building or part of a building
Protests – Expressions of reactions, by words or by actions, against particular events, policies or situations.
Targeted Violence and Harassment – Refers to speech advocating or constituting violence or harassment against a person orgroup based upon a perception of membership in a protected category (e.g., religion, race, ethnicity, national origin, sex, veteran status) that may be expressed as hatred toward that group, including rhetorical and physical acts expressing such violence or harassment directed toward individuals or their property, or toward community institutions and/or religious facilities associated with the targeted group. Examples include but are not limited to calling for, aiding or justifying the killing or harming of members of the targeted group in the name of a radical ideology or an extremist view of religion.
V. OPERATIONAL GUIDELINES
- Public demonstrations may be held on ACU property or ACU premises if theyfall within the requirements promulgated in this policy.
- The university reserves the right to determine which public demonstrations align withthe Christian mission, policies, and/or academic enterprise of the university includingthose policies and principles prohibiting targeted violence and harassment.
- This policy applies to all on- or off-campus public demonstrations sponsored bychartered ACU student organizations, departments, or faculty andstaff acting in their role as an ACU employee.
- While subject to the limitations of item two above, the university will strive to permitfree expression and lawful assembly. Participants in public demonstrations must atall times abide by the law and university policy. The university intends to respond tothe violation of such laws or regulations and may employ a range of measures up toand including arrest, corrective action for employees, or student discipline.
- All public demonstrations must be approved and will be coordinated with thedesignated university departments as noted in this policy.
- Coordination among university departments is crucial to ensure effectivemanagement of public demonstrations.
- ACU’s priorities when managing public demonstrations include:
- Attending to the physical safety of those involved in expressive activity and thecampus community;
- Constructively engaging with demonstrators as appropriate about their issues ofconcern;
- Working with organizers and demonstrators to safely facilitate events andfreedom of expression. When event organizers, demonstrators and campusadministration communicate effectively, disruptions can sometimes be avoided – or at least, can take place peacefully without any police intervention requiringforce. Student Life and ACUPD staff will meet inadvance with groups organizing events or those opposed to them with the intentto learn more about the issues at hand and suggest means of reaching aresolution;
- Conducting pre-event planning, to share any known information so that allparties are informed of campus expectations, options and responsibilities, andany possible consequences that could arise due to actions of protestors ordemonstrators. Groups consulting with the university should not expectconfidentiality about their plans, as transparency in the planning process isessential to the safety and well-being of all involved. After the pre-event planning, the university can clarify what resources beyond the university’s normal provision are needed and the associated costs and payment for such costs may berequired.
- Ensuring that expressive activities do not disrupt normal business operations, teaching or research of the university;
- Communicating, including the offices of Marketing and Strategic Communication, in consultationwith other members of the Emergency Operations Team (EOT), withaffected members of the community about anticipated disruptions before theevent as well as any safety concerns that arise during the protest ordemonstration;
- ACUPD will coordinate pre-event planning with any outside agencies that mayrespond. Pre-event planning will include establishing an Event Day Operations Plan(EDOP), outlining police operations for the event;
- Ensuring that expressive activities do not infringe on or prevent the exercise offreedom of expression of others;
- Prohibiting targeted violence and harassment; and
- Managing public demonstrations on ACU property. This will becoordinated by EOT; campus departments represented include:
- ACU Police Department
- Student Life
- University Events
- Marketing and Communications
- Office of General Counsel
- Academics
- Other departments on an as-needed basis.
VI. PROCEDURES
Gaining approval for an expressive activity.
- ACU-affiliated individuals, student groups, or ACU departments must complete the ACU Public Demonstration Request Form (See Appendix A).
- Chartered and active student organizations or currently enrolled students will submit the request to the Office of Student Life at studentlife@acu.edu.
- ACU departments and faculty/staff will submit the request to the Office of Institutional Compliance and Risk Management at risk@acu.edu.
- Any off-campus person or entity not affiliated with the university wishing to hold an expressive activity on the ACU campus must be sponsored by an ACU department and have theapproval of a university vice president or designee.
- The ACU Public Demonstration Request Form must be submitted no later than five working days before the event.
- Sponsoring departments or organizations shall commit to the following:
- Provide a contact person for the event;
- Discuss and coordinate financial responsibility for event-related expenses, which may include but are not limited to sanitation, security, clean-up, parking and liability insurance;
- Comply with all ACU policies and procedures;
- Ensure that the event is consistent with the mission and purpose of ACU;
- Obtain an ACU Public Demonstration Request Form (See Appendix A) signed by the Senior VP of Operations;
- Ensure the normal business operations of the university are not disrupted;
- Ensure respect for the rights of others and university property is maintained;
- Ensure thehealth and safety of protestors or demonstrators, university personnel, and the general public is not compromised;
- Remove all resulting signs and litter from the area at the conclusion of the event.
- Applicable Rules and Procedures
- All protestors and demonstrators including visitors or non-university persons must abide by all applicable state and federal laws and university policies.
- The university reserves the right to control the time, place, message, and manner of the public demonstration.
- Protests or demonstrations may be conducted only between the hours of 9 a.m. and 9 p.m, Monday through Friday, to allow for the fair use of space and appropriate staffing for the safety and welfare of the campus community.
- No overnight events will be allowed at the university.
- No event may last more than four consecutive hours.
- The university will determine the location of the approved public demonstration.
- No structures of any sort may be erected without the express written consent of the EOT and the Office of Institutional Compliance and Risk Management.
- Media procedures and requirements include the following:
- The group or individual requesting the public demonstration will be made aware of any media access guidelines when they begin the registration process for their event.
- External media will check in with the Office of Strategic Communications to let them know that they will be on campus.
- Some events on campus may require media credentialing in advance, as coordinated through ACU Strategic Communications. As a private university, ACU reserves the right to grant, deny or limit media access to events on campus based on the circumstances of the event and the safety and well-being interests of students, faculty, and staff.
- If reporters contact the Office of Strategic Communications to speak with a student leader or ACU employee about the demonstration, Strategic Communications will take the reporter’s contact information and forward the request. It is at the student’s or employee’s discretion whether they respond.
- Signage, leaflets, or other distributable or displayable materials will be reviewed prior to the public demonstration for approval. Signage must meet the following requirements:
- No person who participates in any public demonstration may carry or possess any length of lumber, or wood;
- No person who participates in any public demonstration may carry or possess any length of metal for any purpose;
- No person may carry any sign, poster, plaque or notice, unless such sign, poster, plaque or notice is constructed or made of cloth, paper, or cardboard material;
- No person may carry any sign, poster, plaque or notice that would constitute targeted violence or harassment.
- Unauthorized Activity
- No person may stage, present or conduct any public demonstration without first having obtained authorization as required;
- No person may continue to participate in a public demonstration after being informed by an ACUPD staff employee or university official that the authorization for the event has been revoked or not granted;
- No person may participate in a public demonstration for which the person knows that authorization has been revoked or not granted;
- Any person participating in a duly authorized public demonstration must comply with any condition of the ACU Public Demonstration Request Form or this policy;
- In the interest of avoiding significant disruption of university functions, participants may not employ amplified sound in their activities;
- No person who participates in any demonstration or other expressive activity may carry or possess any torch, burning stick or similar object with a flammable or combustible substance whether or not the object includes an open flame. This prohibition does not include candles six (6″) inches in height or less for outside events;
- No person who participates in any protest or demonstration activity may wear any type of covering over his or her face, such as a hood, mask or other facial coverage inhibiting full facial recognition. This prohibition is not intended to exclude hoods, masks or facial coverage used in relation to religious beliefs, or incidental to amusement, entertainment, holiday events, protection from weather or for prescribed medical purposes;
- No public demonstration may impede ingress or egress from university facilities or events;
- No public demonstration may be held within any ACU-controlled building or facility; and
- No public demonstration may impede vehicular or pedestrian traffic on any campus roadway or sidewalk.
- Procedures for Non-Compliance
- Revocation of ACU Public Demonstration Request Form
- The university may revoke an ACU Public Demonstration Request Form immediately upon violation of the conditions or standards for issuance as outlined in this policy, or when a situation arises having an immediate and adverse effect upon the welfare and safety of persons or property or the normal conduct of university business.
- Group Disruptive Activity
- If an authorized public demonstration event becomes disruptive to normal business operations, impedes access to or use of any ACU property, or otherwise violates ACU policy, the group will be put on notice. The designated EOT incident commander or designated university official will communicate with the group’s point of contact and advise them of any violations and ask for compliance within a specific agreed-upon time frame. If the group fails to comply with the warning within the specified time frame, the EOT incident commander or designated university official will advise the group’s point of contact that the public demonstration authorization is revoked, and the group must cease and desist their demonstration by a specified time.
- If the group fails to leave by the designated time, the EOT incident commander or their designee will advise the group that they are required to leave and if they refuse to do so, they will be:
- Referred to the university’s internal disciplinary process;
- Subject to being issued citations under the authority of the Education Code § 51.204; and/or
- Subject to arrest under the authority of the Texas Penal Code § 30.05.
- Individuals Who Disrupt Authorized Public Demonstrations
- If the sponsoring group determines that an individual(s) is disrupting their event, they will initiate contact with ACUPD to seek guidance on how to approach the individual(s) to ask that the disruptive behavior stop.
- The EOT incident commander or ACUPD designee will ask theindividual(s) to stop the disruptive activity and advise them if they do not stop they will be asked to leave.
- If the disruptive activity continues, the EOT incident commander or their designee will ask the individual(s) disrupting to leave.
- If the individuals who were asked to leave refuse to leave or do not leave in a reasonable amount of time, the sponsoring group and the public demonstration observer will request that the EOT incident commander remove those who are disrupting the event.
- The EOT incident commander will approach the individual(s) asked to leave. If they refuse to leave, they will be:
- Referred to the university’s internal disciplinary process;
- Subject to being issued citations under the authority of the Education Code § 51.204; and/or
- Subject to arrest under the authority of the Texas Penal Code § 30.05.
VII. COMPLIANCE
Any actions by an individual and/or unit not in compliance with ACU policy, the above procedures, and the applicable laws will be dealt with per applicable university policies, which may include disciplinary actions up to and including termination or expulsion from the university.
Criminal legal action may also be pursued against those who violate legal prohibitions regarding public demonstrations on campus.
Exclusions: Any or all of the policy requirements may be waived when the Office of the President or the President’s designee deems that doing so is in the best interest of the university.
VIII. RELATED REGULATIONS
IX. CONTACTS & RESPONSIBILITIES
| Chief of Police |
325-674-6911 or acupolice@acu.edu |
Leads and manages the ACUPD. |
| Office of General Counsel |
325-674-2485 or ogc@acu.edu |
Manages and supervises all legal affairs for 鶹ýӳ. For political events, makes determinations to ensure the university is not politicized. |
| Student Life |
325-674-2067 or studentlife@acu.edu |
Assists student organizations in sponsoring or hosting successful student events including public demonstrations. |
| Office of Institutional Compliance & Risk Management |
325-674-6142 or risk@acu.edu |
Assists with emergency management, environmental health and safety, and risk management. |
Instructions: This form must be submitted to the appropriate office (Office of Student Life for student organizations at studentlife@acu.edu, Office of Institutional Compliance & Risk Management for departments or faculty/staff at risk@acu.edu) no later than five working days before the planned event. Final signature must be received from the Sr. VP of Operations.
Applicant Information
- Name of Applicant/Organization:_____________________________________
- Contact Person:___________________________________________________
- Position/Title (if applicable):_________________________________________
- Phone Number:____________________________________________________
- Email Address:____________________________________________________
- ACU Affiliation (Student, Faculty, Staff, Department, Other):_________________
Event Information
- Type of Demonstration (e.g., protest, gathering, speaker):_________________
- Date of Demonstration:____________________________________________
- Time of Demonstration (Between 9 a.m. and 9 p.m.):_____________________
- Proposed Duration (Max 4 hours):____________________________________
- Location on ACU Campus (subject to approval):_________________________
- Expected Number of Participants:____________________________________
Purpose and Content of Demonstration
- Description of Event Purpose:_______________________________________
- Planned Activities or Actions:_______________________________________
- Any External Sponsorship (if applicable):______________________________
- Materials to Be Displayed or Distributed (e.g., signage, leaflets):___________
Compliance & Responsibilities
As the Applicant/Organizer, I commit to ensuring the following:
- Compliance with all ACU policies and guidelines, as well as state and federal laws.
- Cooperation with ACU’s Police Department (ACUPD) and designated university departments.
- Coverage of any associated event-related expenses (e.g., security, cleanup).
- Respect for the health, safety, and rights of participants and campus community members.
Applicant Signature: _____________________________________ Date: _______________
ACU Sr. VP of Operations (or designee): ________________________ Date: ____________
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