Responding to Controversial Events

on Campus A U N I T E D E D U C A T O R S S Y M P O S I U M

Responding to Controversial Events on Campus 2

Campus protests have become increasingly

violent. Incidents such as those at Middlebury

College1 and the University of Virginia2

demonstrated the need for better preparation

and response. In November 2017, United

Educators (UE) hosted a symposium to

understand how colleges and universities are

confronting the challenges presented by

controversial events.

Symposium participants included campus

administrators from student affairs, legal, risk

management, security, and communications

representing a variety of higher education

institutions—small and large, public and

private.

This report summarizes practices, considerations,

and practical examples participants shared as the group discussed managing contentious events. It

provides recommendations from the symposium for reviewing campus speech policies and event

preparation, management, and follow-up.

1 When Middlebury College hosted a talk by author Charles Murray in March 2017, more than 100 student protestors in the room drowned out the speech and eventually pulled fire alarms to evacuate the building. Masked protestors outside the building physically assaulted Murray and his interviewer. 2 In August 2017, white nationalist groups protested at the University of Virginia against the city of Charlottesville’s plan to remove a Confederate monument. Protestors carrying flaming torches walked through the campus shouting anti-Semitic chants.

Introduction

TABLE OF CONTENTSIntroduction 2

Reviewing Campus Speech Policies 3

Preparing for Events 5

Managing Events 7

Conclusion 9

Symposium Participants 9

Resources 10

Responding to Controversial Events on Campus 3

Symposium participants observed that students and faculty often misunderstand free speech protections. A clear, comprehensive campus speech policy can define permissible speech and impermissible hate speech. Legal counsel can advise on federal and state definitions.

When drafting or revising a campus speech policy, consider these practices:

Engage your campus community to identify core values. During these conversations, discuss legal requirements and the values expressed by your current speech policy. Are your campus speech policy and your campus values consistent?

Include time, place, and manner restrictions for campus facility use. Work with legal counsel to ensure that any restrictions in your policy do not violate the First Amendment or state law, if applicable.

Consistently follow the policy. Inconsistent application of a campus speech policy may impede enforcement. For example, if an institution allows

SYMPOSIUM RECOMMENDATIONS

FACILITY USE RESTRICTION Several institutions allow only recognized campus

organizations to invite and sponsor guest speakers.

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A sound campus speech policy provides a foundation for effectively responding to controversial speakers, protests, or both. The U.S. Constitution’s First Amendment guarantee of free speech binds public institutions, although they generally can place reasonable, content-neutral restrictions on the time, place, and manner of speech. Private colleges and universities have more leeway to restrict campus speech, although biased policy application can lead to allegations of favoritism toward particular groups or viewpoints. Student claims of administrative bias that gain traction and publicity can cause reputational harm.

Reviewing Campus Speech Policies

Responding to Controversial Events on Campus 4

one student group to circumvent a prohibition of outdoor speaking events, prohibited groups may consider the school’s actions discriminatory and fight further policy enforcement.

Train students, faculty, and staff on the institution’s policy well before an event. Training can explain the policy and, where applicable, how to implement it. In addition to listing prohibitions, provide examples of restricted and allowed forms of speech. Address the reasoning behind prohibitions, such as legal restrictions or safety concerns. Identify any sanctions for violating the speech policy. Inform faculty and staff how to respond to policy violations.

Organizations such as the Southern Poverty Law Center and the Anti-Defamation League offer programs and speakers to help institutions discuss campus speech with student groups. Schools can also create their own training. For example, Purdue University created a campus speech policy video for incoming freshmen.

STUDENT TRAINING When a controversial speaker scheduled a

campus event, student groups expressed

discontent and planned large protests.

Campus leadership met with them to discuss

the institution’s obligations under the First

Amendment and the campus speech policy,

which diffused the student response. The

controversial event was largely ignored.

VOLUNTEER OBSERVERS

One institution created a network of nearly 100 volunteer

observers comprising faculty, staff, and students. When

campus groups bring in controversial speakers or initiate

difficult topics, they invite the volunteers to observe

the event. The volunteers, trained by the institution,

meet with organizers before the event to identify goals.

Observers attend the event and help protesters follow

the campus speech policy. For instance, observers may

discuss whether protestors should hold signs in the room

and how to best state their opinion. Observers also let

protesters know when they should allow the speech to

continue. This allows all voices to be heard while

emphasizing organizer responsibility for its success.

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Reviewing Campus Speech Policies

Responding to Controversial Events on Campus 5

SYMPOSIUM RECOMMENDATIONSAny institution preparing for a controversial speaker or event should work closely with its campus security or police officers, using their knowledge and experience to help manage the speech or other event.

Create a security plan that identifies the circumstances under which security officers will act. Assign campus safety members to attend the event and follow the plan.

Ensure public safety professionals have the last word in any decisions related to public safety. Do not allow staff or faculty to overrule the security team.

Encourage security outreach to student groups prior to the event. Contact groups bringing speakers to campus to offer assistance in planning the event.

Following proper contracting practices is important when identifying and mitigating risks associated with controversial events. Legal counsel can help develop contracting practices, which may include:

Establish a centralized contracting process. Train students, faculty, and staff to sign only those contracts that have followed the process.

Allocate event risk using favorable insurance requirements and indemnification language. Ensure contracts specify the parties’ respective obligations and rights. If applicable, require third parties to name the institution as an additional insured on liability policies and obtain certificates of insurance.

Deny speaker contract terms that cannot be accommodated. Negotiate down or eliminate provisions requiring resources the campus cannot provide. Place the onus on speakers to absorb some of the costs for excessive demands.

Create mutual aid agreements with student groups to allocate expenses between them and the administration. For instance, some institutions suggested holding student organizations responsible for expenses within the reserved campus facility,

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Institutions may be able to use any existing procedures for large-scale events (sometimes defined as those with more than 50 participants), such as athletic contests or political debates, to prepare for controversial speak-ers. Appropriate preparation by faculty, staff, and students can help keep controversial events low-key and safe.

Preparing for Events

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Responding to Controversial Events on Campus 6

while the institution covers all external community management. (Note: If an institution charges some organizations more to hold events, even if the fees are due to the event’s controversial nature and extensive security requirements, they may violate First Amendment free speech rights. Seek legal guidance when allocating expenses.)

Symposium participants suggested additional pre-event practices to help prevent violence or discord:

Register all events through online event management systems. Online systems enable institutions to automatically catalogue attendees. Institutions can incorporate the speech policy and event restrictions into the online form.

Control event access by requiring tickets. Tickets limit the number of attendees. Some institutions only allow students to obtain tickets, which may dissuade external protestors from appearing.

Consider holding potentially controversial events in a closed facility. The institution can better control an event held indoors than in an outdoor area. Facilities with a back or side door allow speakers to enter and exit quickly without protestor interaction.

Identify an alternate facility for the event. This can help if it becomes necessary to separate the speaker and protesters.

Encourage students to arrange a counter-event to provide an alternative. This can occur at the same time as the competing event. Offer administrative support such as facilities, resources, and funding, but allow students to own and run the event. However, counter- events can result in additional unstructured protests, which might require the institution to provide more security. Separate the controversial and counter-events to limit audience and protestor interaction.

If an event results in online threats, work with local fusion centers to assess the likelihood that they will be carried out. State fusion centers com-pile and distribute threat-related information from government offices (e.g., FBI and Department of Justice) and organizational resources.

Preparing for Events

ALTERNATE FACILITY When protestors at one institution created enough

noise to permanently disrupt a speaking engagement,

administrators brought the speakers to a separate

location and livestreamed the conversation.

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COUNTER-EVENTS Campus leadership at one institution countered a

white nationalist speech with a solidarity-themed

event featuring student and celebrity speakers,

artists, and entertainers. Attendance at the

solidarity event eclipsed that at the original speech.

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Responding to Controversial Events on Campus 7

SYMPOSIUM RECOMMENDATIONSBefore a controversial event, meet with the organizing student group to provide tips for a successful event, including:

Assign a moderator. Choose someone with experience handling disruptive groups. Brief the moderator on safety issues and strategies. Strategies for controlling the event may include:• Defuse a heated conversation by changing

the topic• Keep speakers to pre-agreed time restrictions

by providing time cues • If the event must pause or end early, follow

the security plan

Incorporate live question-and-answer sessions. Controversial speakers may use pre-prepared ques-tions to avoid student interaction; consider making live questions and answers a contractual requirement. Microphone handlers allow for real-time questions while limiting the opportunity for audience members

to hijack the conversation. Alternatively, written questions from the audience may provide live questions while reducing the chance of conflict.

Physical safety during the event is paramount. Consider these practices:

Keep opposing groups at least 20 feet apart. Use physical barriers such as lakes or buildings where possible. Cover or remove anything that protestors can use as a weapon, including rocks.

Use light towers to make all spaces visible and record everything. Extremist protestors often use masks and shy away from public recognition. Some states have implemented mask laws prohibiting protestors from covering their faces.

Prohibit dangerous items on campus. Post signage identifying what is not allowed.

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Institutions host speakers to encourage campus engagement with new perspectives. Effective planning and communication can turn a controversial speaking event into a learning opportunity.

Managing Events

Responding to Controversial Events on Campus 8

Effective internal communication is a key aspect of safely managing an event. To create a cohesive communication strategy:

Establish an interdepartmental team to oversee controversial events. A checklist can identify which person or department owns each responsibility. Include the core event team, often consisting of communi-cations and marketing staff. Add members from risk management, public safety, and student affairs.

Communicate with the community throughout the event. Identify employees who will speak for the institution and ensure they impart a single, cohesive message. Public relations professionals can help craft a message for the external community and determine which distribution methods are best (e.g., press releases and media interviews).

Respond to social media posts about the event when appropriate. Campus security or communications of-ten oversee this task or assign it to a third-party vendor.

HOLD FOLLOW-UP DISCUSSIONSSymposium participants considered it crucial for institutions to bring the campus community together soon after an adversarial event. For example, campus leadership can moderate a wrap-up event featuring a conversation with students, staff, and faculty. Topics can include what happened, ways to find common ground, and how to move forward together.

Certain groups may require more focused support or counseling after an adversarial event, such as affected student groups or first responders. Depending on the severity of the event, institutions may also choose to enlist the assistance of trauma experts. Involve campus security and local police in identifying them.

Even if an event goes well, hold closed debriefs among staff and student organizers to identify areas for improvement. For example, was any single group overburdened by the plan? Also, consider whether the campus speech policy or event management checklists require changes.

Managing Events

SOCIAL MEDIA RESPONSE Many institutions monitor and respond

to social media before, during, and after a

controversial event. Others intentionally

restrict social media supervision out of

concern that monitoring practices may

create additional liability. However, even

those that restrict supervision emphasized

the importance of responding to specific

posts brought to the institution’s attention.

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Responding to Controversial Events on Campus 9

Although many institutions have hosted contentious speakers, divisive groups now target colleges and univer-sities. In response, institutions have revised their large-scale event practices to create systems for controversial event management.

Symposium participants agreed that internal commu-nication is crucial to preparing for and responding to controversial events, which create a high level of activ-ity on campus. By bringing students, faculty, and staff together to review campus speech policies, commu-nicate with speakers, organize public safety measures, and respond after the event, institutions can create the necessary structures to manage controversial events.

UE would like to thank the symposium participants for their contributions.

By Melanie Bennett, risk management counsel

Conclusion

MARY JO GONZALESVice President for Student AffairsWashington State University

KATHY HARGISAssociate Vice President, Risk Management and ComplianceLipscomb University

LORI MCDONALDDean of StudentsUniversity of Utah

CHRIS O’GWYNNAssociate Director Risk Management and SafetyAuburn University

MICHAEL POTERALAVice President and General CounselUniversity of Maryland

PENNY RUEVice President for Campus LifeWake Forest University

CONNIE SAMPSONAssociateD. Stafford & Associates

NANCY SEIDEMANAssociate Vice President for University CommunicationsEmory University

DAVID WINAKORGeneral CounselWesleyan University

OWEN YARDLEY Assistant Vice Chancellor, Chief of PoliceUniversity of Nebraska

Symposium ParticipantsUE would like to thank the following participants for sharing their valuable insights during the symposium.

MELANIE BENNETTRisk Management Counsel

ALYSSA KEEHANDirector of Risk Research

ALEX MILLERAssociate Vice President of Research and Program Development

ASHLEY MILLERResolutions Counsel

CONSTANCE NEARYVice President for Risk Management

HEATHER SALKOSenior Risk Management Counsel

JOSH STREETMedia Production Coordinator

UE FACILITATORS

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To learn more, please visit www.UE.org.

The material appearing in this publication is presented for informational purposes and should not be considered legal advice or used as such.

Copyright © 2018 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators.

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ResourcesUE RESOURCES

EduRisk, “Checklist for Safety at Commencement and Other Special Events”

EduRisk, “Responding When Violent Protest Comes to Campus”

EduRisk, “Handling Controversial Speakers and Protests”

EduRisk, “Managing Campus Protest in a Time of Culture Change”

EduRisk, Student Unrest on Campus: Recommended Preparation and Response

CAMPUS POLICY RESOURCES

Emory Respect for Open Expression Policy

Emory Senate Committee on Open Expression

Emory Campus Life Open Expression Observers

TRAINING RESOURCES

Southern Poverty Law Center, “The Alt-Right on Campus: What Students Need to Know”

Anti-Defamation League, Free Speech Q&A

Purdue Freshman Free Speech Orientation Video

OTHER RESOURCES

NASPA, “Policy and Practices Series: Safe Spaces and Brave Places”

NACUA Briefing, Preparing for a Protest on Campus (Audio for members only)

Department of Homeland Security, Fusion Centers Fact Sheet