Student Protests and Demonstrations Fitting the Pieces Together Workshop April 24, 2012

Transcription

1 Student Protests and Demonstrations Fitting the Pieces Together Workshop April 24, 2012 Chief Nate Johnson, Chancellor s Office Chief Fernando Solórzano, CSULB

2 Outline Review of Related Legal Authorities Current Trends in Policing Campus Demonstrations Case Review Lessons Learned Summarize Questions

3 Legal Authorities 1 st Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. --- It is the goal of the CSU Police Services units to safeguard these rights and provide for a safe environment for which the exercise of these rights can occur.

4 Free Speech Restrictions Incitement False statements of fact Obscenity Child pornography Fighting words and offensive speech Threats Speech owned by others Commercial speech

5 Legal Authorities Title 5, CCR, Grants University Presidents the authority to establish rules and regulations pertaining time, place and manner of certain activities. CA Ed Code Grants authority to the Trustees to establish rules and regulations pertaining to the use and maintenance of university building and grounds.

6 CA Penal Code 407 Unlawful Assembly CA Penal Code 409 Legal Authorities Remaining at Scene after being order to disperse by peace officer CA Penal 626, et seq. Disturbing educational mission Cause to remove

7

8 Role of Police Services Planning and Coordination Communication (planning and event phases) Resource and Logistics Facilitation vs. Control Maintenance of Order

9 Role of Police Services Task Force Remain calm. Don t overreact. Never let your guard down. Be tactful and patient when directing people to move Communicate. Work as a team, not as an individual. Treat everyone with courtesy, professionalism and respect. Take action only in coordination with the field supervisors and commanders don t act alone. Engage the crowd in a friendly, non-confrontational manner befriending a crowd can act as a force multiplier for police. Avoid using riot gear unless necessary, but keep it available.

10 Case Review UCD Pepper Spray Case CSU Trustees Meeting, 11/16/11 SFSU

11 Lessons Learned Need to provide clear leadership of intended action and tactical deployment. There must be a balance between preparation, perception, and necessity. Ensure that verbal commands are clear (scripted). Patience is a virtue. All Options/Alternatives must be considered prior to deployment. Fully commit to action as last resort.

12 Lessons Learned If police action becomes necessary, assume that you will be challenged and videotaped and therefore establish legal basis for intended action prior thereto. Establish a clear operations plan, using the ICS standards, and follow it! Only use authorized equipment and use as dictated by training You can delegate leadership, but not responsibility. Some level of system-wide coordination is beneficial for multi-campus systems.

13 Planning Considerations Get key resource personnel on board in early stages: PIO Safety Officer (ICS) Videographer Outside Resources/Mutual Aid/Assistance Medical Courts/DA

14 CSU Mutual Aid Resource CSU CRU Team Specially Trained Peace Officers from Various Campuses Mission: To Serve as a personnel resource to enhance CSU safety and security Prevent and mitigate the effects of civil disorders Protect life and property through dignitary protection Managed Through the CO (Tech Ltr)

15 Summary While protests and demonstrations often stems from controversial issues, one s rights to voice their concern to the topic does not need to confrontational, providing there are clear policies, delineation of duties, and that communication amongst all involved parties is open and welcomed.

16 Resources CSU Handbook on Free Speech (2007) Related Statutes as cited California Post Guidelines (3/2012) CSU Public Safety Technical Letter Related Standards by CALEA/IACLEA Professional Associations

17 Questions? Chief Nate Johnson, Ed.D Chief Fernando Solórzano

18