Activism: 2024 Guidelines and University Values

¹ For the purpose of these guidelines, the term 'demonstration' refers broadly to any gathering or display including, but not limited to, rallies, processions, marches, protests, or exhibits.

The University is also committed to maintaining a safe, inclusive and respectful campus environment in which no community member is harassed, threatened, or intimidated. To ensure the safety of all community members, to prevent damage to University buildings and shared learning, living, and social spaces, and to prevent or minimize disruption to daily life and operations on campus, the University requires compliance with local, state, and federal laws, as well as registration for organized events in accordance with University policy. To restate existing University policy, encampments are expressly forbidden.

As we enter the 2024-2025 academic year, the University has updated its guidelines for organizing and staging demonstrations, rallies, marches, exhibits, or other activism events. The University may revise these guidelines as needed to comply with applicable law or regulation or as otherwise determined to be reasonable and appropriate. These guidelines are issued to provide clarity about what is permissible, what is prohibited, and how violations will be enforced.

Guiding Principles and Values

Drexel University affirms its commitment to free and rigorous inquiry, lawful assembly, and academic freedom, and encourages constructive discussion and robust debate, even on the most sensitive and controversial issues. Further, the University affirms that the content of the views expressed, however controversial, is not an appropriate basis for restricting or encouraging a lawful, officially registered assembly or a demonstration. These commitments, consistent with these guidelines, are an essential part of how the University fulfills its role in society. Adhering to these guidelines enables the University to not only protect community members from physical injury, but also to protect campus facilities and spaces from damage, vandalism, or activities that disrupt daily operations, create a prohibited hostile environment, or subject members of our community to unlawful discrimination, harassment, targeting or intimidation based on race, national origin or shared ancestry, sex, gender identity or expression, sexual orientation, disability, or other protected class.

Guidelines on Demonstrations, Marches, Vigils, and Other Free Expression Events

Freedom of speech and assembly are among Drexel’s fundamental values. Free speech activities and events, such as marches, vigils, exhibits, postings on social media, and other peaceful demonstrations occur on campus from time to time. We recognize and embrace the important role that a diversity of opinions and perspectives can play in advancing the University’s core missions.

At the same time, Drexel University must ensure it follows all laws and regulations, including guidance by the U.S. Department of Education, Office for Civil Rights. One of these laws is Title VI of the Civil Rights Act of 1964, which states that universities such as Drexel have an obligation to prevent and address discrimination and harassment based on race, color, and national origin. Under Title VI, universities must also address and prevent the recurrence of any hostile environment experienced by its students, faculty, or professional staff on the basis of these protected characteristics. With these important priorities and legal requirements in mind, we share these guidelines to help our community maintain its freedom of expression while ensuring that all campus community members - regardless of race, color, or national origin - may continue to access our education programs and activities free from discrimination or harassment.

These are not guidelines about speech content, with the exception of speech that calls for violence, creates violence, unlawfully harasses or intimidates members of the Drexel Community, or creates a prohibited hostile environment based on race, national origin or shared ancestry, sex, gender identity or expression, sexual orientation, disability, or other protected class. Instead, these guidelines seek to encourage and support free inquiry and expression while maintaining a safe and inclusive learning environment.

Protected Speech and Non-Protected Speech

The First Amendment to the U.S. Constitution protects the right to express one’s viewpoints freely without government interference or censorship, though it does not apply to private institutions such as Drexel University, which are free to regulate the time, place, and manner of open expression to ensure safety and prevent disruptions to daily activities and core functions.

Freedom of expression is of paramount importance to Drexel as an institution of higher education. Therefore, the University does not impose discipline for speech protected by the First Amendment – such as displaying political messages or slogans on a hat, shirt, or other clothing – based solely on its content or the possibility that other members of the community might characterize such expression as offensive, hurtful, or hateful.

The University, as required by law and University policy, may impose discipline for speech that is not protected, including:

• True Threats: Statements by which someone expresses serious intent to commit an act of unlawful violence against a specific person or a group of people;
• Incitement: Speech that is intended and likely to provoke imminent unlawful action;
• Unlawful Harassment: Verbal, physical, written, electronic, or other conduct based on an individual’s legally protected characteristic that is so severe, persistent, or pervasive that it unreasonably interferes with, limits, or denies that individual from participating in or benefiting from the University’s educational programs or activities, including learning and employment.

Other exceptions may apply, including defamation, obscenity, or the Heckler’s veto (described below).

Counter-Speech and the Heckler’s Veto

In a community of higher learning, it is critically important to respect and protect the rights of others to express their views. During a peaceful campus protest, other members of our community may wish to express their dissent in a counter-protest or demonstration. However, the University does not tolerate coercive disruption — the physical interference with others’ peaceful exercise of free speech — or conduct that physically endangers or threatens the safety of bystanders.

Coercive disruption includes physically blocking access to a speaking event, physical intimidation of a speaker, and noisemaking that prevents a speaker from being heard. If this kind of conduct occurs on- campus or during any University-sanctioned activity or function or at an event that has been registered in accordance with the University’s reservation and permit process, the University will act to restore the conditions under which free speech can flourish. Anyone who engages in coercive disruption may be removed from the event venue and subject to disciplinary action in strict adherence to relevant law or University policies and codes of conduct.

Speech that infringes on the First Amendment rights of others is known as the “heckler’s veto.” There is no First Amendment right to shout down a speaker. The use of force or disruption to silence speech is not protected speech; it is a form of censorship that the University does not tolerate; all rules and principles governing demonstrations and open expression generally apply to counterdemonstrations. Protester and counter-protester speech is not protected when it:

• Interferes with or disrupts University operations;
• Blocks access to our campuses, buildings, or other shared spaces;
• Harasses, threatens or intimidates individuals;
• Damages property;
• Fails to comply with University policies or a lawful order to cease and desist in the disruptive behavior; or
• Violates any federal, state, or local laws.

As importantly, all participants in protests and demonstrations are expected to provide a form of University-issued identification upon request from a University official.

University officials may designate a separate location for those persons with views that differ from the views held by the event organizers.

Application of 2024 Guidelines

These guidelines apply to any member of the Drexel University community or Drexel-affiliated organization hosting or wishing to organize a free expression event, including but not limited to a demonstration, protest, rally, vigil, or guest speaker engagement.

Participants in registered demonstrations are expected to act respectfully to University employees involved in ensuring the safety of the community and compliance with these guidelines, including, but not limited to, University police. Participants in outdoor demonstrations are also expected to observe a mandatory end time of 10:00 p.m. Employees of the University are also expected to behave in a professional manner and required to take all reasonable steps to indicate clearly that they are speaking on their own behalf and not as representatives of the University. Any conduct that violates any applicable code of conduct or University Policy may result in discipline consistent with these policies. Applicable policies include, without limitation:

• Discrimination, Harassment, and Bias Incident Prevention Policy (EIC-1)
• University Code of Conduct
• Student Code of Conduct

These links are provided for ease of reference and review of our applicable policies.

Conduct that violates University policy will not be excused solely because it involves expressive activity (such as events or demonstrations); for example, activity giving rise to impeding access to campus buildings, areas, or shared spaces will not be excused regardless of the intent of any individual to express themselves through speech.

All community members should be aware that Drexel policies, including, but not limited to, the Student Code of Conduct, University Code of Conduct CPS-1 and EIC-1, apply to on-campus conduct, as well as off-campus and social media conduct.

Prohibitions on Disruptive Conduct

The following forms of conduct may violate University policies. Event conduct, including, but not limited to, a demonstration, protest, rally, vigil, or guest speaker engagement must not:

• Interfere with or impede University functions, including, but not limited to, classes, exams, study periods, and other scheduled academic, educational, and cultural/arts programs. Such interference can take many forms, including the use of amplified sound, which is generally prohibited;
• Impede full access by other members of our community to Drexel’s campus, buildings and grounds;
• Endanger, threaten or harass persons;
• Damage, destroy, deface, vandalize, project images upon, or steal property;
• The possession of weapons on University property or at University-sponsored events is prohibited as outlined in University policy;
• Target members of our community for harassment or intimidation including at places of social gathering, learning, and worship, on the basis of race, religion, identity, national origin, shared ancestry, ethnic characteristics or other protected classes;
• Violate any federal, state, or local law or safety code (including with respect to building occupancy)
• Threaten or incite violence, create violence, or harass or intimidate University-affiliated individuals or groups on the basis of race, religion, national origin shared ancestry, ethnic characteristics, gender identity, sexual orientation, disability, or any other protected class;
• Create imminent risk to the health or safety of individuals or property, or incite unlawful or prohibited acts;
• Wear masks or other facial coverings to conceal one’s identity while engaging in conduct enumerated herein; or
• Impede emergency operations.

Demonstrations in or occupations of the following locations are not permitted, and may constitute a criminal trespass or result in discipline under applicable University policies:

• Private offices, private residences, research laboratories and associated facilities, and computer centers;
• Offices, museums, libraries, and other facilities that normally contain valuable or sensitive materials, collections, equipment, or records protected by law or by existing University policy such as educational records, student or personnel-related records, or financial records.
• Buildings, classrooms, seminar rooms, auditoriums or meeting rooms in which University

  operations, classes, or private meetings are occurring or are scheduled to occur imminently;

• University sculptures and statues. To preserve these structures and to reduce the risk of injury, University statues and sculptures may not be defaced, climbed on, or covered in whole or in part with any material, including signs, banners, or flags.

The University reserves the right to determine whether an event impedes University functions, blocks access to shared spaces and facilities, or violates any rule, guideline, or law. The University will exercise this discretion in taking appropriate action when warranted.

Identification Requirements

Drexel identification cards provide students, faculty, and professional staff with access to all University or University-affiliated facilities, including the libraries, academic, administrative and recreational facilities, and residence halls. All Drexel community members must carry their Drexel ID cards with them at all times. To ensure everyone’s safety and discourage unlawful trespassing onto campus, University Public Safety Officers or officials are authorized to ask anyone wearing masks to temporarily remove a mask and anyone including those wearing a mask to present their Drexel ID cards to verify their University affiliation.