UP is changing its protest policy amid increased political activism across the country

Compared to previous policies three rules — demonstrations must be peaceful, organized by members of the UP community and not disrupt university operations — the new policy introduces nine specific rules.

Students are required to notify the Director of Campus Safety and Emergency Management and the Dean of Students two business days prior to a planned demonstration. It also bans the use of tents or barriers and provides clearer guidelines for counter-protests.

The development of the new policy began in the summer, led by the vice president of Student Affairs Fr. John Donato and Assistant Resident Director for Student Conduct and Community Standards Joshua Bode. According to Fr. Donato and Bode, the new policy was developed primarily as part of UP’s annual review of its policies.

“It’s one of those things that we’ve never updated,” Donato said.

Fr. Donato and Bode say the new policy essentially formalizes the existing approval process, which had not been fully documented in previous years.

Previously, students planning a demonstration would meet with the dean of students, the director of campus safety, and sometimes the director of student activities, even though the Life on The Bluff handbook just necessary written notification to the Dean of Students.

“We decided to put in writing what we did,” Donato said. “I’ve seen other universities do the same thing. So that’s kind of the impetus… How can I put into writing not the overly legalistic things I’ve seen online looking at other universities, but encapsulate our best practices here and keep our Catholic character.”

Fr. Donato acknowledges nearby pro-Palestinian protests such as Portland State Miller Library Occupationwere another factor influencing policy change.

Although UP has not experienced a demonstration to this extent, Franz Hall and Mago Hunt were vandalized with the words “Palestine” and “Free Palestine” near the end of the academic year. According to the director of Campus Safety and Emergency Management, Michael McNerney, those responsible for the act were not affiliated with UP.

However, Donato believes the new policy is a proactive step to prevent large-scale protests at UP.

“We wait until something happens and then we respond, rather than clarifying now what we think our values ​​are in this community, how do we want to keep this good?” Donato said. “It seems to me (that) I would be more on the side of proactively communicating with our students that those are the expectations because they are built on our values ​​and our history.”

According to Bode, the University’s demonstration policy review was collaborative, including student feedback from Associated Students of the University of Portland (ASUP) President Aidan Sanchez and assistance from former Associate Vice President for Student Development and Dean of Students Tamara Herder.

Bode expressed that the collaboration resulted in a policy that creates a “more supportive structure” for students who want to demonstrate.

“It was so collaborative and we worked with other institutions on what their policy designs looked like and what people saw as either working or where they needed more information,” Bode said. “I don’t think at any point there’s ever been a project where anybody looked at it and thought, ‘Oh, no, that’s not going to be good.’ I think it was very intentional and we wanted to add things. We wanted to clear things up.”

In addition to Herdener and Sanchez, President Robert D. Kelly played a role in shaping the direction of the policy, emphasizing the importance of balancing student expression with the University’s operational needs.

“I think it’s about building trust, but it’s more about being in conversation because there might be a situation (where) we say, ‘I fundamentally disagree,’ but still, we have to be in communication some with others.” Kelly said. “It doesn’t mean we’ll always agree on the outcome, but it does mean we have to communicate with each other that the interests, the greater interest, are really important…”

Kelly’s emphasis on dialogue and mutual understanding is reflected in the amended policy, as students planning demonstrations on campus are now required to notify and schedule a meeting with the director of campus safety and emergency management and the dean of students to receive guidance with regarding the manner of deployment. safe and responsible activities.

However, Doanto also suggests that this meeting serves as a time for the administration to understand the students’ demonstration goals.

“I think the importance of (conversations) is making sure we understand the students’ goals because there’s a difference between I want to say something, I want to demonstrate something, and I want to interrupt something or I want to stop. something that can be a little bit more of a situation where university business can’t happen,” Donato said.

According to political science professor William Curtis, who received his juris doctorate from the University of California, San Francisco, this requirement reflects a common legal restriction on expressive activity known as “time, place, and manner.”

Curtis also states that the revised policy aligns with typical free speech and expression policies at private institutions because, unlike public institutions, UP is is not bound by the First Amendment.

“A private university, because it’s a private entity, can have its own rules,” Curtis said. “…Now in America, most institutions, most colleges and universities that want to be taken seriously as places of learning and research and so on, have what we (UP) have. They have a statement that says we’re committed to free speech about how we feel about speech that demeans the dignity of the human person.”

However, several gray areas remain within the updated policy.

Curtis points out that while the policy states that the University has the authority to approve a demonstration, it remains unclear whether they also have the authority to disapprove a demonstration based on its content — and, if so, according to what standards.

For example, the new rule, which prohibits speech that is indecent, grossly obscene or grossly offensive, is inherently vague because the nature of the protest often involves expressing views that may be offensive to some, according to Curtis.

“Right now, it (the policy) indicates that they’re not going to do that (disapprove a demonstration),” Curtis said. “But on the other hand, it’s also clear that they seem to have the power to do that … (and) it doesn’t say exactly who makes that determination if something is highly offensive … I would like a little more well ‘gross offensive’ defined and who makes that judgement.”

In a follow-up email sent to Fr. Donato to clarify how the University defines grossly obscene or offensive in the context of this policy, he stated that he had already answered the question in a previous interview.

“We have (previously) talked about how demonstrations are not approved or disapproved as much as a collaboration with students so that they can express their opinions in a thoughtful manner and in a way that is consistent with the values ​​of our UP community” , Donato said. in an email to The Beacon. “The other main goal of the policy, of course, is to enable UP to keep teaching and learning and other processes safe.”

While the new policy may seem like a sudden change to students, the new guidelines are also a safeguard to discourage outside groups from coming to campus.

During this fall’s Turning Point USA activity fair, a controversial extremist organizationhe prompted the students as they passed out materials. According to Director of Student Activities Jeormy Koffler, the group was not given permission to table at the event.

“The Turning Point representative eventually admitted that he did not follow through and ask for (permission),” Koffler said in an email to The Beacon. “In reality they had no interest in getting permission as they just wanted to know who was responsible for the fair so if they were confronted they could respond with the correct department. To their surprise, I was the one to confront them, and when their lie was exposed, they initially refused to leave, trying to ignore my pleas to do so.

“After several attempts to reason with the person, I was forced to call Campus Safety, who assisted in escorting her off campus.”

Kelly acknowledges that such situations make it difficult for the university to balance student expression, safety and institutional responsibilities. Still, he hopes the new policy will help guide those decisions and says he trusts students to do the right thing.

“I trust the students implicitly and completely,” Kelly said. “…I think sometimes outside forces can come in and students can be absorbed just like they can with any population or any group of people. Outside forces can be absorbed and what we are most concerned about is our students, their learning, their ability to get the most out of their university experience.”

Julianna Pedone is the news editor and managing editor for The Beacon. She can be reached at [email protected].

Kimberly Cortez is the editor-in-chief of The Beacon. They can be reached at [email protected].