GW Community Guidance and Procedures for Demonstrations

Overview

The university is committed to equal access, free inquiry, free expression, and the vigorous discussion and dialogue on which the advancement of its educational mission depends. Our commitment to free expression is reflected in both the GW Faculty Code and the Statement on Student Rights and Responsibilities.

It is important that members of the university community feel free to express their views, regardless of the popularity of those views. However, free expression is not unlimited. The university has established clear standards for civil interaction within the university and community members have a responsibility to adhere to those standards and respect the rights of others.

These standards are violated when expressive activity involves serious or intentional threats of violence directed at specific individuals or groups of individuals, incites violence, or involves illegal conduct. Further, expressive activity is not permitted when it rises to the level of prohibited harassment based on a person’s protected characteristic as defined by applicable state, local, and federal anti-discrimination laws and university policies (examples include age, disability, ethnicity/national origin (including on the basis of shared ancestry), gender, race, religion/faith tradition, sex, sexual orientation, veteran status, and many others).

There are many formats for expressive activity. This guidance and procedures focus on the expression of opinions, views, or ideas via demonstrations as defined in the university’s Demonstrations Policy.

The university may place reasonable time, place, and manner restrictions on demonstrations that are not based on the content of the activity or speech. One example of such a time, place, and manner restriction is that the university prohibits speech that disrupts university activities or operations when speech during a demonstration is so loud that it prevents participants in a nearby class from being heard.

GW remains committed to ensuring that any demonstration is conducted within these limitations. The university has an obligation to foster engagement in a way that models productive disagreement, which means engaging in dialogue in a manner that demonstrates respect and humane care for our fellow community members, even when they hold different opinions. The university remains dedicated to protecting the rights of the GW community to free expression while also upholding the shared values of our community. The university is also committed to the equitable application of its demonstration-related policies and procedures in a manner that does not discriminate based on protected characteristics of the demonstration participants or the protected characteristics of those on whose behalf the demonstrations are undertaken.

This document is intended to offer additional information to guide the GW community in the engagement of demonstrations to ensure compliance with university policy. The following are the key university policies that this document supports:

Guiding Principles

Clear Communication of Rights and Responsibilities

The university provides these guiding principles in order to avoid confusion about the rights under university policies of individuals to express themselves and to peaceably assemble for that purpose. Demonstration activity is subject to applicable laws and university policies and the primary objective is to secure voluntary compliance with those limitations. The university will, however, respond to alleged violations and may employ a range of sanctions for noncompliance, up to and including employee or student dismissal. Individuals who violate applicable laws may also be subject to arrest.

Ongoing Relationship Building

The university, in the spirit of cooperation and transparency, encourages demonstration planners and participants to communicate with university officials such as the Division for Student Affairs and the GW Police Department (GWPD) about planned activities in order to identify substantive concerns in advance and allow for safe and orderly activities.

Rationale for University Response to Demonstrations

The university imposes content-neutral conditions and limitations on demonstrations that do not unlawfully discriminate on the basis of protected characteristics or on any other basis prohibited by applicable law. The following are examples of why the university may respond to a demonstration:

To attend to the physical safety of the community and/or those involved in demonstrations;
To ensure that a demonstration does not infringe on or prevent the exercise of the university’s values of free expression and speech, e.g. a “heckler’s veto”;
To ensure that a demonstration does not inhibit a community member’s ability to access an educational activity or program or ability to perform their job responsibilities;
To ensure university operations are not disrupted and prevent damage, tampering, or defacing to university property or the property of others.

Demonstration Requirements

The following are requirements that apply to any demonstration:

Must be Lawful
1. Demonstrations must comply with university policies, procedures, and codes, and applicable federal, state, and local laws. They must also comply with lawful directives and orders from identified university officials acting in the performance of their job duties; GWPD; federal, state, and local public safety agencies; and/or public health authorities.
Must be Safe
1. Demonstrations must not injure persons; tamper with, damage, or destroy property; or threaten to cause such injury or damage. Demonstrations must not create safety hazards or harm or threaten the physical health or physical safety of any person. Such prohibited behavior includes but is not limited to:
  1. Causing bodily harm to a person
  2. Inappropriate and unwelcome physical contact with another person, including but not limited to pushing, slapping, or spitting
  3. Disregard for the physical health or physical safety of any person; or
  4. Any words or actions that threaten physical injury to any person or group of persons, or damage of property; or would cause a reasonable person to fear for their safety or the safety of others.
Cannot Disrupt University Operations or Activities
1. Demonstrations must not disrupt, impair, or interfere with the following:
  1. Activities or operations for university purposes, including teaching, study, exams, research, and administration of the university;
  2. The authorized use of university property for GW activities including meetings, events, and prior reservations of students, faculty, staff, administrators, or guests;
  3. Violation of the guidelines on amplified sound (see point 7, below) or
  4. The rights and privileges of other community members.
Cannot Obstruct Access or Impede Movement
1. Demonstrations must not obstruct access, which includes entrances or exits, to university facilities or spaces and must not restrict the free movement of persons on university property or community members’ ability to access an educational activity or program or perform their job responsibilities.
Cannot Conflict with Existing Reservations
1. Demonstrations must not take place at a location that has been reserved by another community member or external guest pursuant to the university’s reservation policies and procedures.
Cannot Incorporate the Use of Open Flames
1. Any Demonstration using open flames unless use of such flames receives prior approval pursuant to the university’s Events and Venues Guidelines and the Fire Safety and Temporary Structures guidance.
Cannot be So Loud as to Disrupt University Activities or Operations
1. Amplified sound outside, including the use of a handheld, battery-operated bullhorn, is permitted so long as it does not exceed 80 decibels in the nearest building or otherwise create a community disturbance including reports of excessive noise inside or outside a building. Outside demonstrations may only exceed this decibel level with prior authorization from the Division for Student Affairs. Amplified sound indoors is prohibited due to the community impact.
2. For events or activities occurring after 5 PM and before 10 PM, or on weekends, amplified sound outdoors will be permitted if pre-approved as part of the event registration.
3. Noise and amplified sound related to authorized university operations (e.g., approved university sporting or music events, authorized construction and maintenance, or authorized university classes) are not governed by these procedures.
Cannot Damage Property
1. Demonstrations that result in or are reasonably likely to result in destruction, defacing, damage to, or tampering with university property or property belonging to members of the university community and visitors are prohibited. Persons or organizations causing such damage may be held financially and administratively responsible, in addition to possible corrective action under applicable university policies and law.
Must Comply with Directives for Identification
1. Individuals shall provide identification at the request of a designated university or safety official to address concerns of safety and/or noncompliance. If an individual does not provide identification, or in situations where providing identification is not feasible, individuals wearing masks, hoods, or other face coverings may be asked to remove them temporarily (including personal protective or religious coverings, e.g., face coverings like K/N95 masks, habits, hijabs.) to assist designated university or safety officials in the identification of the demonstrator. It is expected that the individual complies with this request. Factors including, but not limited to, religion and public health will be considered in executing the temporary removal of a mask, hood, or face covering. Failure to participate in identification efforts may result in disciplinary or corrective action.
Examples of Permitted and Prohibited Demonstration Activities

Some Demonstration Activities are NEVER Permitted	The following ARE Permitted Demonstration Activities
Amplified noise (e.g., bullhorns, speakers, musical instruments) indoors is never permitted regardless of the decibel level. Amplified noise outside in excess of 80 decibels that is directly adjacent to classrooms, residence halls, or libraries and that disrupts academic or residential activities inside is never permitted. Demonstrations inside libraries are disruptive to study activities and are not allowed. Physically accosting someone who is participating in a demonstration, encircling, blocking someone’s path, attempting to grab or move their signs or equipment, and/or sabotaging their equipment are examples of violations. Encampments and overnight demonstrations are not permitted, indoors or outdoors on university property.* Erecting tents, structures, walls, barriers or other objects on university property is never permitted unless advance approval received.	Teach-ins or sit-ins**, vigils, poetry readings, holding signs that conform to building-specific rules and do not inhibit the sight of someone else, and handing out flyers are permitted, so long as they do not disrupt or interfere with the regular operation of university activities (e.g., blocking access to entrances or exits of buildings or rooms; preventing others from studying, teaching or conducting research; or disrupting a class or planned university event) or otherwise violate university policies such as the university’s Poster Policy. Wearing or affixing messaging on clothing is permitted so long as the content does not violate a university policy or law. Following the university’s event registration process to host an event or attend an existing scheduled event. Displaying light projections on any university building or structure is not permitted without prior approval from the Division for Student Affairs. Participating in an organized march that does not produce noise in excess of 80 decibels in the nearest building or otherwise disrupt university activities or operations nor violates university policy or law.

Some Demonstration Activities are NEVER Permitted

The following ARE Permitted Demonstration Activities

Amplified noise (e.g., bullhorns, speakers, musical instruments) indoors is never permitted regardless of the decibel level.
Amplified noise outside in excess of 80 decibels that is directly adjacent to classrooms, residence halls, or libraries and that disrupts academic or residential activities inside is never permitted.
Demonstrations inside libraries are disruptive to study activities and are not allowed.
Physically accosting someone who is participating in a demonstration, encircling, blocking someone’s path, attempting to grab or move their signs or equipment, and/or sabotaging their equipment are examples of violations.
Encampments and overnight demonstrations are not permitted, indoors or outdoors on university property.*
Erecting tents, structures, walls, barriers or other objects on university property is never permitted unless advance approval received.

Teach-ins or sit-ins**, vigils, poetry readings, holding signs that conform to building-specific rules and do not inhibit the sight of someone else, and handing out flyers are permitted, so long as they do not disrupt or interfere with the regular operation of university activities (e.g., blocking access to entrances or exits of buildings or rooms; preventing others from studying, teaching or conducting research; or disrupting a class or planned university event) or otherwise violate university policies such as the university’s Poster Policy.
Wearing or affixing messaging on clothing is permitted so long as the content does not violate a university policy or law.
Following the university’s event registration process to host an event or attend an existing scheduled event.
Displaying light projections on any university building or structure is not permitted without prior approval from the Division for Student Affairs.
Participating in an organized march that does not produce noise in excess of 80 decibels in the nearest building or otherwise disrupt university activities or operations nor violates university policy or law.

*Encampments inherently obstruct other community members from moving freely or engaging in/conducting the functions or operations of the university. An encampment can create health and safety risks and require significant resources to keep occupants and bystanders safe, including measures to protect community members from external affiliates and potential confrontation.

** Sit-ins are not permitted to block access to university property, including entrances or exists, or spaces, or obstruct others from participating in educational programs/activities or job performance. Sit-ins may be disruptive of university events and will be subject to reasonable time, place, and manner restrictions, which may include limitations on the length of time demonstrators are permitted to occupy a university location. Indoor sit-ins are not permitted outside of normal building hours.

Individuals and Groups Violating University Policy and Law

Students, student organizations, and student groups who participate in disruptive behaviors may be subject to conduct action in accordance with the Code of Student Conduct.
Faculty and staff who participate in disruptive behaviors, including disobeying directives to disperse or refusing to comply with time, place, and manner restrictions, may be subject to disciplinary action in accordance with university policies; state, local, and federal law including federal labor law; and any applicable collective bargaining agreement.
All individuals who participate in disruptive behaviors may be subject to conduct or disciplinary action up to and including bar notices, suspension, expulsion, and/or termination.
All individuals engaging in unlawful behaviors may be subject to arrest and criminal action, as determined by applicable federal, state or local authorities.

Preparation for Demonstrations

GW is committed to providing a safe environment for public discourse by dedicating necessary resources when demonstrations occur and by routinely assessing its event registration and review process, its decision-making mechanisms, and its communication and coordination with outside agencies.

Event Registration

For general information and reservation requests, please visit https://go.gwu.edu/booknow.

Communication with Demonstration Participants and Event Organizers

While the university recognizes that permitting impromptu and spontaneous assembly for the purpose of expression, protest, and dissent is consistent with its commitment to freedom of expression—understanding that the university may impose reasonable time, place, and manner restrictions on such impromptu demonstrations— whenever possible it encourages demonstration organizers to consult with university officials in advance of the event.

With effective communication among event organizers, demonstration participants, and university administration, disruptions can sometimes be avoided, and events and demonstrations can take place peacefully without official intervention.

The goals of a pre-event planning meeting are:

To share information, including, e.g., whether a space has previously been reserved, so that all parties are informed of the plans for the event or demonstration;
To explore options to improve safety for all parties;
To review university policies and procedures; and
To set clear expectations on conduct and response.

Individuals and groups consulting with the university should not expect confidentiality about their plans. Throughout pre-event planning, the university can clarify what additional resources are needed and the associated costs.

GW event planning and advising staff are available to meet in advance with groups organizing demonstrations to learn more about the issues at hand and suggest routes for resolution of potential issues. University administration may also ask questions or propose adjustments that can facilitate the demonstration while maintaining safety and compliance with university policies.

GWPD may work with demonstration organizers and a staff member from the Division for Student Affairs to conduct a viewpoint-neutral security assessment. A security assessment may be warranted for any event (without regard to size) where there is a possibility or likelihood that behaviors (of the participants or those who might respond to them) will become disruptive.

GWPD may contact demonstration organizers if the security assessment reveals specific security or disruption concerns. During the ongoing assessment, the organizers and the university should work together to address the concerns.

A security assessment may include a walk-through of the potential site to assess location feasibility. In some instances, a walk-through may reveal changes necessary for the safety of participants.

If the security assessment process indicates that the venue is not suitable for the expected demonstration or if it reveals other safety concerns:

Alternate sites may be made available;
Other safety conditions may be imposed;
The event may be modified or postponed; and/or
The event may be referred for other actions.

To the greatest extent possible, the university will notify faculty whose classes may be impacted by an organized demonstration.

Demonstrations Plan

Before the event, GW requests that those who participate in the planning or convening of a demonstration (demonstration organizers):

Work in advance with GWPD and the Division for Student Affairs staff to describe the plans for the demonstration, and to understand the participants’ responsibilities.
Cooperate with the GWPD security assessment.
Develop a collaborative plan and clear parameters (e.g. ticketed entry, signs, assigned moderator, audience participation) with the university to help protect the safety of others and to ensure the demonstration does not violate laws or university policy.
Meet in advance with any participants to explain university expectations and the potential consequences of violating laws or policies.

During the event, GW requires that those who participate in the planning or convening of a demonstration (demonstration organizers):

Participate in such a way that does not disrupt the normal academic or administrative operations of the university.
Participate in such a way that does not threaten public safety.
Address participants who violate shared expectations for the demonstration.
- If disruptive behavior occurs at an event the demonstration organizer should ask the person to cease.
  - To prevent escalation, issuing a warning before action is taken can be useful but is not a required step.
- If the disruptive behavior continues, a university official may be called upon to assist. If a university official is not available, the event organizer may contact GWPD.
- If a university official is not available to assist, the demonstration organizers should document the disruptive behavior with pictures, videos, and witnesses and submit it to GWPD and the Division for Student Affairs.
- If disruptive behavior occurs while an event is being live-streamed by the university itself, the audiovisual technician may pause the audio and video feed until the program resumes.
  - If it is determined that the program will not continue because of prolonged interruption, the audiovisual technician will cease the live-stream broadcast.

After the event, GW requires that those who participate in the planning or convening of a demonstration (demonstration organizers):

Cooperate with an After-Action Review with the Division for Student Affairs to review the event and discuss any modifications to future demonstrations.

Questions

Community members with questions concerning the application of this guidance and procedures should contact the below units.

Contact	Phone Number	Email Address
Division for Student Affairs	202-994-6555	studentsgwu [dot] edu (students[at]gwu[dot]edu)
Office of Emergency Management	202-994-4936	oemgwu [dot] edu
GW Police Department	202-994-6111 (Emergency) 202-994-6110 (Non-Emergency)	gwpdgwu [dot] edu (gwpd[at]gwu[dot]edu)

Contact

Phone Number

Email Address

Division for Student Affairs

202-994-6555

students

gwu [dot] edu (students[at]gwu[dot]edu)

Office of Emergency Management

202-994-4936

oem

gwu [dot] edu

GW Police Department

202-994-6111 (Emergency)

202-994-6110 (Non-Emergency)

gwpd

gwu [dot] edu (gwpd[at]gwu[dot]edu)