This resource is not intended to provide and should not be construed as legal advice. Please consult with your own legal counsel for legal guidance.
Protests on Campus Territory
Anti-Israel protests and rallies on campus have proliferated in the wake of 10/7, with many marked by severe antisemitic and anti-Zionist incidents. To prevent code of conduct violations at protests and rallies, administrators should:
1. Regularly re-asses campus security measures and ensure that time, place and manner restrictions are up-to-date and known by all members of the campus community.
2. Track announcements of protests and ensure protocols are in place to rapidly respond to code of conduct violations if they occur.
3. Regularly review safety and security procedures with staff and faculty, especially with the campus security teams.
4. Contact law enforcement partners in advance if you have reason to believe that a protest could escalate to violence.
5. Develop clear protest guidelines that outline the ‘dos and don’ts’ of protesting to limit risk of incidents and disruptions to campus operations.
- Where possible, inform students of specific spaces where protests are permissible.
- Require protestors to pre-register for protests in certain spaces, and ensure that students understand the processes that must be followed.
- Communicate and enforce the consequences for violating campus policies during protests.
- Prohibit vandalism of university property or the attachment of signs and banners to campus property (other than designated areas) without appropriate permission.
6. Prior to, throughout and following the protest, provide support to any campus community that may be impacted by the protest events. During the protest, ensure that non-protesting members of the campus community are not prevented from accessing academic buildings, or university events or activities to limit any interference with their educational experience.
7. Enforce campus codes of conduct during protests, and ensure that there are serious consequences for substantial violations, up to and including suspension and expulsion.
8. Make clear that students will not be able to make up exams or receive credit for exams or school work missed due to attending protests.
Sample protest guidelines:
Encampments and Sit-ins
In the spring of 2024, students nationwide set up and maintained more than 130 unauthorized Gaza Solidarity Encampments, often on campus property, in protest against Israel and the Israel-Hamas war. Sit-ins, which are similar to encampments, also occurred nationwide. These protests often violated existing campus policies and were hotbeds for antisemitic activity. On some campuses, encampment protesters refused to leave the encampment until certain of their demands were met. Many such demands included calls for schools to boycott and divest from companies and organizations affiliated with Israel and disaffiliate with perceived “Zionist” organizations.
Responses to encampments and sit-ins have varied from campus-to-campus, highlighting the need for a standardized strategy to respond to such events. To address encampments and sit-ins, administrators should:
1. Re-assess campus policies and security measures pertaining to overnight protests or the unauthorized erection of temporary or permanent structures on campus to mitigate against the risk of conduct that substantially interferes with the rights of others.
- Consider whether encampments should be prohibited by campus policies, or restricted through time, place, and manner policies or requirements of pre-registration.
2. Track online and in-person announcements of imminent encampments.
3. Ensure close coordination with your security and law enforcement teams. Law enforcement must be prepared to take action if conduct becomes criminal in order to protect the safety of all students.
4. Communicate to protestors the consequences for violations of campus policies at encampments, and enforce those consequences.
5. Provide resources, guidance and support to other members of the campus community who are not engaging in the encampments and may experience or witness incidents and/or suffer from disruptions to their learning experience.
Sample responses from universities following encampments:
- University of Florida’s Statement
- University of Texas, Austin’s Statement
- Washington University, St. Louis’ Statement
Sample policies prohibiting encampments:
- California State University (CSU) System: Directed by the CSU system, all 23 CSU campuses must abide by new Time, Place and manner restrictions, including ‘No Camping, Overnight Demonstrations, Overnight Loitering, Furniture, or Large Household Items.’
- Rutgers University: Placing or building of structures is prohibited without express permission by Rutgers University. Structures established without permission will be removed and the sponsoring organization, department, and/or individual will be responsible for all related costs. No inflatable structures are permitted. Overnight camping, placement of tents, or encampments will not be permitted.
Commencement & Major Campus Event Disruptions
Following the nationwide surge in encampments, disruptions to commencements were also recorded on campuses throughout the U.S. What otherwise should have been a joyous occasion for so many students and their families was instead marred by the looming threat of anti-Zionist protests shutting down or otherwise disrupting these events. To prevent disruptions to commencement ceremonies, as well as other major campus events and functions, administrators should:
1. Review and strengthen campus policies pertaining to the disruption of school functions or activities. These policies should make clear that intentionally obstructing or interfering with school events is a violation of the school’s code of conduct and will be met with consequences. Such policies should provide clear guidance regarding what conduct is prohibited, followed by a series of examples.
2. Reiterate campus policies and the consequences of violating them, to the entire campus community, explaining that freedom of speech does not give anyone the right to drown out the words and speech of others.
3. Develop a security protocol in coordination with all relevant stakeholders, including campus security personnel. The plan should include a clear protocol for admissions, crowd control, and preventing interference with any ingress or egress; as well as a process for swiftly and safely escorting individuals from the premises if, after a clear warning, they persist in disruptive conduct that interferes with the ceremony.
4. Provide resources and support to the campus community in advance of and following commencement ceremonies or other major campus events if disruptions are likely to occur.
5. Enforce campus codes of conduct during commencement or event disruptions, and ensure that there are serious consequences for violations, up to and including suspension, expulsion, and bans from participating in future campus events where applicable.
Sample policy changes in advance of the 2024 commencement can be found here:
Faculty Strikes, Walkouts and Classes Held in Protest Areas
Faculty members nationwide have joined the anti-Israel protest movement by striking and walking out during class time. Some have even moved their classes directly into protest zones, forcing Jewish students to make the decision between forgoing their learning and attending class in an environment that may be, at best, uncomfortable and, at worst, outright hostile. These actions have disrupted the academic experiences of countless students and excluded Jewish students from important conversations, potentially leading to reduced learning, heightened stress levels during the academic terms, and negative impacts on grades and mental health.
To minimize faculty-driven disruptions to student learning, administrators should:
1. Initiate discussions with the organizers of anti-Israel faculty organizations, and/or their union representatives, to underscore the disruptive and negative impact of these actions on their students.
2. Make clear that professors and other faculty members cannot cancel class or exams for the purpose of encouraging students to attend protests.
3. Re-assess campus policies pertaining to faculty conduct. Communicate to faculty members the consequences for violating campus policies and ensure that campus policies are enforced.
4. Provide support and guidance to impacted students, including resources to alleviate any disruptions to their learning. Encourage students to report any such disruptions by faculty, and ensure they have the option of anonymous reporting.
Sample policy:
Extra Credit for Protest Activities
As part of the protest movement arising out of Israel-Hamas war, some faculty members have offered extra credit to students if they engage in anti-Israel protest activities. Such assignments risk forcing students to choose between their safety and well-being and their academic performance, pressuring some to participate in protest activities that may be entirely misaligned with their values and identities or may result in exposure to or experiences of antisemitism.
Moreover, providing extra credit for participating in anti-Israel protests signals a potential bias in the classroom, that could impact the grading of other assignments and further polarize students. To avoid and address such incidents, administrators should:
1. Develop clear guidelines for assignments and awarding extra credit that explain the inappropriate nature of assigning extra credit tasks that exclude and polarize members of the campus community.
2. Make clear that professors and other faculty members cannot offer class credit for participation in protest activities. Develop clear guidelines on this topic and a short faculty training.
3. Ensure any complaints are promptly investigated and remedied.
Sample policies:
Boycotts of Israeli and Jewish Organizations
Petitions for boycotts of Israeli and Jewish organizations, universities and/or academic institutions have circulated around campuses nationwide, ostracizing Jewish members of the campus community. These also have the potential to damage academic partnerships with Israeli universities and academics, impact Jewish and Israeli studies programs on campus and affect study abroad programs to Israel.
1. Release firm condemnations of such demands, highlighting the fact that they are antithetical to the school’s core values of academic freedom, free speech, civil discourse and open research. Additionally, re-affirm opposition to the broader Boycott, Divestment and Sanctions (BDS) movement, whether a resolution has been proposed on campus or not.
2. Reassure Jewish members of the campus community that Jewish and Israeli organizations, classes and study abroad programs will not be impacted by such demands.
3. Inform boycott organizers such demands will not be considered or implemented. Do not capitulate to such demands in exchange for compliance with school policies, as that will only incentivize future rules violations and further fuel antisemitism on campus.
4. Publicly elevate existing partnerships with Israeli institutions, encouraging students to consider study abroad opportunities in Israel, featuring the work of Israeli scientists and researchers on their faculty, or who collaborate with their faculty, and highlighting the benefits these associations provide to students and the institution.
A backgrounder on the broader BDS movement can be found here.
Sample statements opposing BDS: