D26: First Amendment Support Team

Responsibility for Maintenance: Campus Safety and Security

I. Reason for Policy

The purpose of this policy is to establish guidelines and procedures for the administration and operation of the College’s First Amendment Support Team. 

II. Policy

The Onondaga Community College First Amendment Support Team (FAST) supports the College’s Free Speech and Public Assembly Policy which governs the rights of our students to engage in free speech and expressive activity protected by the New York and United States Constitutions, including but not limited to the right to assemble, debate, demonstrate, march, and protest. Freedom of expression is not simply a right guaranteed by the First Amendment, it is fundamental to the Onondaga Community College’s mission. The mission of the College is to create, evaluate, share and apply knowledge in a free, open and inclusive environment of intellectual inquiry. Students are encouraged to freely examine and exchange diverse ideas inside and outside of the classroom without fear of retribution, intimidation or coercion. The role of FAST is primarily to support expressive activity held on campus planned by students at which student engagement is anticipated. Exceptions to this scope will be handled on a case by case basis.

III. Definitions

  1. Expressive Activity shall mean any speech, expression, assembly, petition or other conduct protected by the First Amendment notwithstanding what form it may occur, including, but not limited to, spoken or written word, protests, worship, leafleting, demonstrations, marches, picketing, rallies, vigils or parades.

  2. F.A.S.T is an acronym that refers to the Onondaga Community College’s First Amendment Support Team. FAST has three components – a FAST Advisory Committee, FAST Coordinators, and FAST Members, all of which are collectively referred to herein as “FAST” or “FAST Members.”

IV. Procedure

FAST Response

Not all expressive activity on campus will require the activation or response from FAST.  FAST supports any expressive activity on campus as needed however FAST will monitor and/or respond to any spontaneous or planned expressive activity that may;

  1. draw a large crowd,

  2. present a possible security risk or threat to public health and safety, 

  3. may result in violations of the Student Conduct Rules and Regulations, College policy, or applicable law, 

  4. is likely to garner media attention, 

  5. presents an imminent or substantial risk of disruption to College-sponsored events/programming, College administrative functions, or the College’s education, service, or research missions. 

On the day of the Expressive Activity as described above, FAST Coordinators will serve as the main point of contact for the event organizers. FAST Coordinators have the discretion, based on their reasoned observation and judgment, to increase or reduce the number of FAST members assigned to the event. Should any security or public health and safety concerns arise, FAST Coordinators will seek support from Campus Safety, in accordance with the Escalation Protocol specified below.

FAST Advisory Committee 

The FAST Advisory Committee includes the following individuals and/or their respective designees:

  1. Dean of Students

  2. Director of Student Orientation Leadership & Engagement

  3. Vice President/Chief Diversity Officer

  4. Assistant Dean of Students

  5. Director, Office of Student Rights, Responsibility, & Residence Life

  6. Chief of the Campus Safety & Security

  7. Manager of Campus Safety & Security

 

The FAST Advisory Committee will provide FAST Participants with informed guidance and recommendations on the First Amendment and FAST programmatic matters. The Advisory Committee will meet on an as-needed basis, but no less than quarterly, to discuss upcoming Expressive Activity, whether planned or spontaneous, expected to occur on campus. 

The Advisory Committee will also review and make recommendations regarding the sufficiency of FAST protocols and procedures and assist with the development and implementation of First Amendment training for FAST Members. The Advisory Committee will coordinate at least one FAST training session for FAST Members at or before the start of each academic year, preferably upon the appointment of additional or new FAST Participants for that academic year. The Advisory Committee will also coordinate and/or offer supplemental training throughout the year, as the need arises.

The Advisory Committee may meet at any time to discuss any upcoming Expressive Activity, particularly activities outlined in IV-A of this policy.

During these meetings, the Advisory Committee will assess the feasibility or appropriateness of the proposed Expressive Activity and otherwise plan, prepare, and provide recommendations to the FAST Coordinators. 

Designees of Advisory Committee members may, among other functions, be appointed to assist with planning for smaller events or those which appear to pose lower risk of disruptions.

FAST Coordinators 

FAST Coordinators are appointed by the Advisory Committee.

FAST Coordinators serve an essential administrative function and will:

  1. Identify, appoint, and/or remove members, as needed,

  2. Maintain and disseminate contact information for all FAST members,

  3. Implement a centralized and effective means of communicating with all FAST members,

  4. Confer with the FAST Advisory Committee to facilitate any recommended training,

  5. Facilitate meetings/conference calls with FAST members, as needed,

  6. Meet and confer with organizers of Expressive Activity, as needed,

  7. Notify FAST members of upcoming Expressive Activity to occur on campus,

  8. Confer with Campus Safety on adequate staffing and security for Expressive Activity,

  9. Develop and distribute FAST educational materials for the College community,

  10. Learn and adhere to all FAST protocols and procedures,

  11. Attend FAST training, and

  12. Otherwise support and assist FAST as needed.

 

FAST Members

FAST members are an essential component of FAST, members will:

  1. Notify FAST Coordinators of any upcoming Expressive Activity on campus that they are aware of,

  2. Confer with FAST Coordinators on Expressive Activity action plans,

  3. Attend Expressive Activity, as scheduled, or on an emergency basis, if the need arises,

  4. Learn and adhere to all FAST protocols and procedures,

  5. Attend FAST training, and

  6. Otherwise support and assist FAST as needed.

 

FAST Committee Designations

FAST members are volunteers and no College employee receives additional compensation or benefits. FAST Coordinators and the FAST Advisory Committee are a cross-disciplinary team of subject matter experts from across campus. FAST Coordinators have the autonomy to appoint and remove FAST Members, at their reasonable discretion. 

Information Sharing

FAST is only as effective as the intelligence that it receives. FAST Members may learn of upcoming Expressive Activity through informal means, as part of their respective roles or work on campus, or because of the relationships of trust they have built with various members of our community. All FAST Members are expected to timely share such information with FAST Coordinators, who will disseminate the information to other FAST Participants, as the need arises.

Avoiding siloed communication is essential. The lack of meaningful collaboration among key stakeholders before a protest often leads to poor engagement with protestors, counter-protestors, and the larger College community. This, in turn, spurs confusion, erodes trust, and creates risk. FAST Members should never be left out of the planning or communications loop. FAST Coordinators will provide Campus Safety with timely and accurate information about all upcoming Expressive Activity. Campus Safety, not FAST, will determine the scope of Campus Safety’s security or law enforcement response, if any.

Training 

FAST Participants must be well-versed in the College’s Free Speech and Public Assembly policy, OCC.D10, and must attend all FAST-mandated training before they are placed on-call or otherwise scheduled to support or monitor any Expressive Activity.

FAST participants will receive comprehensive training each academic year. The training will include legal and practical information about the First Amendment under the New York and United States Constitution, pertinent state and federal law related to demonstrations and public gatherings, and applicable College policies, including but not limited to the following:

  1. Free Speech and Public Assembly policy, OCC.D10

  2. Disorders on Campus, OCC.D11

  3. Harassment, OCC.I5

  4. Student Code of Conduct, OCCN5

  5. Weapons on Campus policy, OCC.D9.

  6. Noise Level Violations, DSA.SC.200.070

  7. NY. PL § 240.35-5; Loitering

  8. NY. PL § 240.10-1, Fighting or violent tumultuous or threatening behavior

  9. NY. PL § 240.20-2, Makes unreasonable noise. 

  10. NY. PL § 240.20-3, Disturbance by abusive/obscene language or makes an obscene gesture.

  11. NY. PL § 240.10-4, Without lawful authority, he/she disturbs any lawful assembly or meeting of persons.

  12. NY. PL § 240.10-5, Obstruction of vehicular or pedestrian traffic.

  13. NY. PL § 240.20-6, Disorderly conduct; congregates with others and refusal to comply with police request to disperse.

  14. NY. PL § 240.10, Unlawful Assembly

  15. NY. PL § 195.05, Obstruction of governmental administration

  16. NY. PL § 195.15, Obstruction of firefighting operations

  17. NY. PL § 195.16, Obstruction of emergency medical services

The training will also include de-escalation techniques, case studies, and table-top exercises. FAST may also make its training available to other campus partners, including facility managers, event planners, and building managers to further ensure a consistent approach to Expressive Activity campus wide.

Neutrality 

When acting in their official capacity, FAST Members are expected to support the exercise of free speech on campus, but not endorse a particular message or viewpoint. When working a march, demonstration, or other Expressive Activity, FAST Members are expected to remain neutral and should take no action or make any comment reasonably deemed to support or oppose the Expressive Activity at hand. No FAST Member may participate in any march, demonstration, or other Expressive Activity that he or she is assigned to support or monitor. All FAST Members are expected to exhibit the requisite objectivity, maturity, and situational judgment at all relevant times. 

Nothing in this paragraph shall be construed to prevent any College employee from speaking in his or her personal capacity on a matter of public concern.

Media Inquiries

FAST Participants are respectfully asked to forward all media inquiries to the Executive Director of Communications. The Executive Director of Communications (or his/her designee) will prepare the College’s official media response or statement and can also assist FAST Participants with preparing their individual media statements where the press seeks such.

Campus Safety Escalation Protocol 

The College’s commitment to free speech does not require it to tolerate civil disobedience, unlawful or illegal activity, or conduct that poses an imminent risk of harm to its College community or property. Campus Safety, in consultation with the College Legal Representation or SUNY General Counsel’s Office, may impose content and viewpoint neural time, place, and manner restrictions on Expressive Activity, where necessary for public health and safety. When exercising its authority, Campus Safety shall exhibit the appropriate restraint and sound judgment.

Campus Safety shall be the final authority on any matter related to public safety, including the security and safety precautions required for Expressive Activity. FAST Members must necessarily accord Campus Safety the appropriate deference and should not attempt to supplant the judgment of law enforcement. FAST members must alert Campus Safety immediately if they encounter any of the following circumstances before, during, or after Expressive Activity:

  1. Streets, sidewalks, entranceways, and exits become blocked to such a severity or degree that it creates a risk to public health and safety,

  2. You have a credible and reasonable basis to fear for your safety or the safety of any person(s) present for the Expressive Activity,

  3. There is violence or a credible threat of violence involving any person(s) present for the Expressive Activity,

  4. There is an actual or a credible threat of vandalism or destruction of College or private property,

  5. A person is carrying or brandishing a firearm or other weapon in violation of Campus policy or New York State law, or

  6. You otherwise observe any illegal or unlawful activity or circumstance that warrants the intervention of Campus Safety.

 

Approved by the OCC Board of Trustees September 24, 2024