By Erasmus Baxter
Western has made emergency changes regarding free expression on campus, and permanent changes may be on their way.
Changes include prohibiting off-campus speakers or demonstrators for coming to Western without an on-campus sponsor, broadening definitions of weaponry and including prohibitions against harassment and intimidation. (A full summary and the text of the changes is at the bottom of this article.)
The Board of Trustees unanimously adopted the emergency measures at their October 13 meeting, Paul Cocke, Western’s director of Communications and Marketing, said.
“The emergency rule making process was initiated in response to events both in the state of Washington at Evergreen State College and protests at the University of California-Berkeley and the violence at Charlottesville,” Cocke said, in a written response to emailed questions.
Evergreen State College was the site of contentious protests last Spring, both by students who shut down classes and at one point cornered university administrators, and by the far-right group Patriot Prayer, known for violent protests that have attracted white supremacists. The Patriot Prayer protest required state patrol officers in riot gear to keep the sides apart, and resulted in one arrest.
“Because the nature of violent demonstrations over the recent past has proven unpredictable, the University wanted to ensure that it was in the best position to respond to violent acts, particularly from off-campus groups,” Cocke said.
Casey Hayden, coordinator of student activities, is on the committee considering permanent implementation of the emergency changes. The main goal of the notification requirement is for the administration to avoid being surprised, he said.
“[The changes] are not driven by students, or concerns about students,” Hayden said.
It’s surprising the number of campuses that already have sponsorship or notification requirements, he said.
The changes were first reported by The Western Front on November 7.
Red Square has long been the site of people and groups trying to reach Western students. However, it is considered a limited public forum, meaning that, while the university cannot restrict the content of speech there, they can impose reasonable restrictions on the time, place or manner of that speech, Hayden said.
The trick is balancing safety and free expression in a place Hayden says has had very open usage.
“There’s a long history of lots of different kinds of discussion in Red Square, we wouldn’t want a diminishment of that,” Hayden said. “[We want to] ensure that we’re not insulating too much our students from viewpoints they might not be seeking”
As far as Cocke knows, the new rules have yet to be enforced. However, he notes that enforcement is complaint based.
This is not too different from how enforcement has been handled in the past, according to Hayden.
“[There’s] not one entity out in Red Square keeping eyes out,” Hayden said.
Past complaints have been handled by University Police or Viking Union staff. Off-campus visitors couldn’t enter buildings, be too loud, take up space and had to be mobile.
Now they also have to have an on-campus sponsor.
Hayden said that there had been a few people who had come onto campus without sponsors since the emergency rules had been adopted.
“[It raises the] question of what do we do now?” he said. Do they always strictly enforce the rules, or only do so if visitors are being disruptive?
Part of the question is who is in charge of enforcement.
Enforcement will depend on who is in charge of the area in question, Cocke said. For example, the Associated Students oversee uses of certain areas of the Viking Union.
University Police prefer to focus on life and public safety issues and not make freedom of expression judgment calls, Hayden said.
Since the current regulations were emergency rules they didn’t have to go through the usual rule making process involving advance public notification and comment.
They were drafted over the summer by a committee co-chaired by Ted Pratt, dean of students, and Darin Rasmussen, chief of police and director of public safety.
The committee contained representatives from: the president’s office, the provost’s office, the Equal Opportunity Office, Risk Management, Human Resources, the Attorney General’s office, Communication and Marketing, Space Administration & Management and the Ethnic Student Center. Two subcommittees looked at the specific language that was changed in the emergency rule changes.
Other recommendations included implementation of a university freedom of expression web page, development of talking points around freedom of expression, training about freedom of expression, development of a university communications plan, funding for more equipment and training for University Police and checklists for evaluating events. All aimed to be at least begun before Fall quarter.
The emergency rules stay in effect for 120 days. However, a committee is currently drafting permanent versions of the rule changes.
While the original committee didn’t have any student representatives, the new one includes AS VP for Activities Julia Rutledge.
“The emergency rule committee recognized that during the summer intersession full participation by faculty and students would be limited,” Cocke said. “The regular rulemaking committees now in session have invited broad representation from all campus community stakeholders, including students, faculty and staff.”
General comments about the rules can be submitted to Jennifer Sloan, Western’s rules coordinator. A public hearing will be held before the rules are implemented when the language is known. Notice will be posted in The Western Front in advance of the hearing, which is expected to be some time in Winter quarter.
When asked how the rules could impact former city council candidate/ Red Square troll Eric Bostrom, Cocke reiterated that the process is complaint driven.
“If there is a complaint regarding the time, place and manner of any person’s activities anywhere on campus, then the administration responsible for that area will take reasonable steps to enforce the university’s rules and policies,” he said.
The new provisions in the emergency measures include:
In the “demonstrations and other free speech” section:
- The section is broadened from just demonstrations to include other free speech activities
- New language emphasizes the university’s commitment to campus safety balanced against freedom of expression.
- New language prohibits disruption, disturbance and interference with not just university functions, traffic and property, but also “the preservation and protection of university property and personal property of individuals“
- It also prohibits people from threats by statement or implication, harassing conduct, and “contact[ing] or communicat[ing] in a threatening nature that intimidates, harasses, and would cause a reasonable person to fear for their safety or well-being”
- Individuals who violate those rules can now be trespassed from campus, in addition to facing arrest or disciplinary proceedings
The weapons and armaments section:
- Has been broadened from covering just firearms to also include “armaments.” This includes a much broader listing of armor and armaments that are banned on campus, including a number of blunt force implements and body armor
- It also includes any other objects or instruments ”apparently capable of producing bodily harm, used in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons or property”
- The armor section also prohibits, face masks, that may be used in a way that “warrants alarm for the safety of other persons or property, or in any way to avoid apprehensions for a criminal actor or acts”
- Cocke clarified that: “If the face mask is being worn in order to avoid identification of a person who is committing a crime, then yes, wearing the mask at that time would be impermissible. By contrast and by way of example, students protesting government secrecy by wearing Guy Fawkes masks as a form of protest (where these students are not breaking laws, for instance, protecting persons or property) would not be outlawed by the WAC”
- Possible penalties include prosecution, expulsion and being trespassed from campus as well as lesser punishments
The section on the use of university facilities by off-campus persons or groups:
- Expands the restrictions on use of university facilities to also include all university property.
- Requires sponsorship by an on-campus group, alumni groups or the Western Foundation
- Uses by off-campus groups must be approved by the president or a designee
- Allows the president or designee to consider “a variety of factors” when assessing a request
- “The president, or the president’s designee, may specify reasonable fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of university’s facilities or property”
- The reason for denial must still be stated in writing
- Allows the university to estimate cost of the use of facilities in order to recover costs
- Fees or costs can be waived if a speaker or event is related to Western’s educational mission, members of community will derive a benefit, or it is a state agency using the property of facility
The documents
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Correction: Julia Rutledge is AS VP for Activities not Academic Affairs. The headline has also been updated.