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I. Title of Regulation
7.1006R Demonstrations by External Individuals, Groups, and Organizations on Brookdale Campuses and Locations.
II. Objective of Regulation
To ensure the right of external individuals, groups, and/or organizations, to demonstrate in reasonable manner and to follow the decision of the courts which support peaceful demonstrations, but at the same time provide means which prohibit disruptions or civil disobedience when they interfere with the normal functioning of the educational process.
Bylaws of the Board of Trustees, Section 1.3034(m); N.J.S.A. 2C:39-6.1 (the Law Enforcement Officers Safety Act (HR-218 (2004)).
IV. Regulation Statement
A. It shall be understood that demonstration participants speak only for themselves, not the College as an institution, in public expression and actions.
B. “Disruptive” demonstrations which interfere with the educational learning environment and/or any programs at any Brookdale location will not be permitted.
C. Individuals, groups, and/or organizations wishing to organize a demonstration at any of Brookdale’s locations must complete an Application for Permit to hold a Demonstration at Brookdale Community College, to the Director of Security and Public Safety at least one week prior to the proposed event to guarantee processing. The Application for Permit includes the names, contact information, and emergency contact information for all demonstration organizers; the impetus for the demonstration; the approximate number of people expected to participate in the demonstration; the proposed day, time, and duration of the demonstration; the requested location of the demonstration with justification; the proposed format of the demonstration; and copies of any material used to advertise the demonstration, post publicly during the demonstration, and/or hand out during the demonstration. The Director of Security and Public Safety will review the Application with the demonstration organizers and explain the College’s requirements, which includes, but is not limited to:
- The location of the demonstration must be requested at least one week in advance by filling out the Application for Permit to hold a Demonstration including justification of the proposed location. If the proposed location is not available for any reason, the Director of Security and Public Safety may assign an alternative location. The assigned location cannot be moved during any part of the demonstration.
- The event cannot interfere with any other programs on campus.
- Participants may not cluster or block any passageway, access to College facilities, parking areas, or College signs.
- At any time, if the Director of Security and Public Safety or his/her designee informs demonstrators that the event has become disruptive, participants must abide by the Director’s directions.
- No shouting, yelling, vulgar language or displays, disrespectful behavior, intimidation, infringing on the protected rights of others, use of force, unwanted physical contact, violence, or violations of any laws or College Policies and Regulations will be tolerated.
- Participants may not erect any structures, set fires, carry open flames, carry offensive signs, or distribute confrontational literature. Sound amplification will only be allowed at the discretion of the College.
- The following items are prohibited at all times on College premises: any firearm*, explosive, club, missile, chemical or other incendiary device or other weapon. *With the exception of law enforcement officers and qualified retired law enforcement officers pursuant to the Law Enforcement Officers Safety Act (HR-218 (2004)).
- Sleeping or lying down is prohibited at all times on any paved or improved area including, but not limited to, parking lots, roads, sidewalks, steps, curbs, doorways, alcoves and walls. Sleeping or lying down is prohibited on any unimproved (grassy) area of the College grounds from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise.
- At the conclusion of the demonstration, participants must remove all items that they brought to the demonstration.
D. The decision to approve or deny the request will be based upon safety considerations and the operational requirements of the College without regard to the person or cause that is the subject of the demonstration.
- If the Director approves the event, he/she will send a copy of the approved Application within five business days to the Vice President of Finance & Operations. The Vice President will notify the President, law enforcement, College Relations, and the President’s Cabinet, and will appoint at least one independent College representative to oversee the demonstration. The Director of Security and Public Safety will ensure that the demonstration organizers meet with the independent College representative(s) prior to the demonstration to reinforce the College’s requirements, including the need to conform to the approved proposal.
- If the Director denies the request, the demonstration organizers may appeal in writing to the Vice President of Finance & Operations whose decision shall be final. The denial of the demonstration organizers’ requested location shall not be subject to appeal.
E. Should a demonstration appear to be disruptive as defined above, the President may, on the recommendation of the Vice President of Finance & Operations, declare any College building or area closed to the public by virtue of the fact that the activity therein might be harmful to the public, staff, or the student body at large.
F. Any person in a building or area who is, in fact, disrupting the normal activity of the College by blocking corridors, seizing an office, loud boisterous conduct, or any other activity which constitutes an interference with the normal operations of the College, will be told to cease and desist the activity.
- The first attempt to deal with disruptive acts will rest with the Director of Security and Public Safety or designee (e.g., Security Guards at the Higher Education Centers).
- If the Director of Security and Public Safety is not able to control the situation, he/she shall contact law enforcement and the Office of the Vice President Finance & Operations.
G. Community members failing to cease and desist will be subject to action by law enforcement.
H. Any individual who refuses to leave Brookdale property, when directed to do so, may be subject to arrest by law enforcement.
V. Responsibility for Implementation
Vice President of Finance & Operations
Approved: President 04/06/2023