New England Conservatory (NEC or the Conservatory) considers freedom of inquiry and discussion essential to education. NEC believes in the right to protest and is committed to the protection of peaceful forms of protest. The NEC community must be open to a free exchange of ideas in which diverse viewpoints can contend for acceptance.
Freedom of expression does not include the right to engage in conduct that threatens safety, suppresses others’ right to speech, disrupts the education of NEC students, or interferes with the operation of NEC. NEC community members are expected to conduct themselves in accordance with all applicable NEC policies, safety requirements, and laws.
NEC reserves the right to condition the time, place, and manner of demonstrations which are–or reasonably appear to be–organized by or on behalf of persons or organizations that are not affiliated with NEC, or which are intended–or are deemed likely–to disrupt or interfere with NEC operations, or to adversely impact the mission of the Conservatory. The Conservatory reserves the right to require conditions related to time, place, and manner for all demonstrations.
The purpose of this policy is to establish guidelines for demonstrations and protests, including considerations of time, place, and manner.
Planning Responsibilities
To ensure that demonstrations do not threaten the safety of others, suppress others’ right to speech, disrupt the education of students, or interfere with the Conservatory’s operations, NEC community members (current students, faculty, and staff) are expected to notify NEC via the Office of Academic and Student Affairs, the Office of the Provost, or the Office of Human Resources two days in advance of the demonstration, if possible (1). Absent extenuating circumstances, NEC will respond to the demonstration organizers with respect to reasonable time, place, and manner considerations within 24 hours of notification.
Demonstration organizers should provide the following information when they notify NEC:
- Nature of the demonstration.
- Location of the demonstration.
- Security needs of the demonstration.
- Time of the demonstration.
- Plans for managing disruptive behavior should it occur.
- Any other necessary considerations. For example, if the demonstration opposes or otherwise relates to another approved NEC event, the location of a demonstration will be discussed with organizers to allow them to be as proximate to the other event as deemed safe.
- Contact information for organizers.
Considerations of time, place, and manner
Demonstrations for which adequate notification is provided will be approved as long as considerations of time, place, and manner have been addressed. NEC reserves the right to modify the time, place, or manner of a demonstration when there is a reasonable expectation that it may threaten safety, suppress others’ right to speech, disrupt the education of students, or interfere with Conservatory operations, such as by interfering with the ability of others to see, hear, or participate in another event, class, or activity.
Decisions by the Conservatory regarding appropriate security for a demonstration or event will be determined by reviewing circumstances including the following: nature of the demonstration or event; number of participants; location; type of event; time of the event; admission policy (open or closed); history of previous events; marketing plan for the event; NEC status of the group; and other relevant considerations. Various levels of security may be required. The security required may include but is not limited to: NEC Staff; Student Club/Organization Advisors; Boston Police Officers; Public Safety; Private Event Security; Bag Searches; Wristbands; and/or Re-admittance Policies. Additional security measures may be required by the Conservatory.
Examples of conduct that will require modification of time, place, or manner or (if they do occur) would constitute violations of this policy include:
- Blocking access to campus facilities or activities or impeding traffic, including to the venue in which another event is being held.
- Using signs constructed of hard materials other than cloth,cardboard, or large items.
- Using bullhorns or other loud or amplified sound-making devices inside of buildings.
Examples of conduct that is expressly prohibited include, without limitation:
- Introducing dangerous or hazardous items or weapons on campus (e.g., the use of torches or other open flames).
- Coercing members of the community to accept promotional materials or leaflets.
- Using chalk or other writing implements on campus property or otherwise causing damage to any structures or causing injury to individuals.
- Engaging in theft,vandalism, or other property damage.
- Using intimidating tactics or unwelcome physical contact between demonstrators, counter-demonstrators, audience members, speakers or performers, or NEC officials.
- The use of loud noise or noise-making or amplification devices (such as a bullhorn) to disrupt normal business operations, performances, conferences, events, meetings, or classroom sessions.
- Demonstrations may not be conducted in faculty or administrative offices, classrooms, the Blumenthal Family Library, the SLPC residence hall, or other academic/performance areas. For the purposes of this policy, performance areas include, but are not limited to, Jordan Hall, Brown Hall, Williams Hall, Burnes Hall, Plimpton Shattuck Black Box Theatre, Eben Jordan Ensemble Room, Pierce Hall, and Keller Room.
Failure to follow the time, place, and manner considerations and the other requirements outlined above constitutes a violation of this policy.
Response to Violations of Policy
If conduct in connection with a demonstration violates this or other NEC policies, demonstration organizers/participants will be advised to stop the offensive conduct. A designated College official will inform the organizers of the need to address the conduct. Behavior that is determined to be in violation of NEC policy will be addressed as appropriate.
Demonstration organizers should be aware that the use of public streets for demonstrations is subject to City of Boston rules and ordinances.
Demonstration organizers should also be aware that NEC’s public safety officers have the authority to respond to threats of violence and acts of violence without first contacting demonstration organizers or NEC administrators.
NEC policies and protocols that are relevant to demonstrations include, without limitation, the Solicitation/Distribution Policy, Poster Policy, Student Code of Conduct, Employee Handbook, and the Student Demonstrations policy in the Student Handbook (2).
Demonstrations involving members of the public
NEC is a private institution and, as such, may require members of the public who are not current faculty, staff, or students to leave NEC property. Failure to comply may result in arrest for unlawful trespass or other criminal violations. Members of the NEC community who invite members of the public onto the campus are responsible for the conduct of their guests.
(1) There may be circumstances in which it is not possible to meet this expectation, for example in the case of a demonstration held in response to an unanticipated event. In such cases, organizers are responsible for ensuring that the demonstration is in compliance with all the other provisions of this policy and for contacting NEC as soon as possible.
(2) To the extent of any conflict between this Policy on Demonstrations and Free Expression and the Student Demonstrations Policy, the terms of this policy will apply.
