[The following report was adopted by the University Senate on June 29, 1970.]
|TO:||The University Senate|
|FROM:||The Committee to Develop Guidelines on The Appropriate Use of Force on The Campus of The University of Tennessee|
|SUBJECT:||The Final Report of The Committee|
|DATE:||June 17, 1970|
A. It is the charge of this committee to develop approaches which would minimize the probability that the use of force will be necessary in the event of campus disturbances. Such approaches should allow for the full participation by representatives of the students, faculty, and administration in making decisions and in communicating with those involved in the disturbance.II--Definitions
It is further the purpose of this committee to provide the University community with criteria and procedures to determine the point, if any, at which force should be used during campus disturbances. If it should be determined that the use of force may be necessary, it is the intent of this committee to develop procedures to assure joint faculty, student, and administration participation in the decision-making process regarding the use of such force.
B. Because of the variety of circumstances under which decisions involving probable use of force must be made the committee has not attempted to develop specific guidelines to indicate exactly when to use and when not to use force. However, the committee will explore the implications of the use of force for the effective management of disturbances and will suggest guidelines which will aid in avoiding massive disruption and violence while at the same time extending the maximum opportunity for the right to speak and the right to dissent.
C. Although occasions may at sometime arise when the use of force may be required, it is the feeling of this committee that such use of force is generally inappropriate, and should be considered in only the most extreme situations, and this only after careful deliberation.
D. All elements of the University community should recognize their responsibility to maintain peace when the right to assemble peaceably and petition for redress of grievances is being exercised.
A. Protest (petition)III--Guidelines for ActionGroup activity resulting in the adoption and submission of petitions, demands, suggestions, through representatives to appropriate responsible persons.B. DemonstrationMass activity which is non-violent and non-disruptive of campus activities.C. DisruptionMass activity which interferes substantially with campus functions but which is not violent or destructive.D. ViolenceMass activity that threatens or causes destruction, injury or death or is non-violent but so disruptive that the University cannot function over an extended period of time.
A. General PhilosophyIV--Organization and ProcedureGuidelines should be designed to prevent the escalation of events from the stages of protest and demonstration to those of disruption and violence, or if violence occurs to bring it to an early close and in such a manner as to avoid setting the stage for further confrontation. Thus our suggestions are designed to help prevent the need for force and, those failing, to minimize the extent of force used and to control the side effects of the use of force.B. To reduce the probability that force will be necessary:1. The peaceful protest must be maintained and encouraged as a meaningful alternative. This method has fallen into disrepute in some places, primarily, because it has so seldom appeared to work in terms of achieving, as a minimum, honest and open hearings of grievances, let alone action. To revitalize and make this stage more meaningful the University needs to maintain a rapport with students, student groups, and with all other elements of the University community as well. This means more than listening--it requires response to reasonable requests, honest explanations when requests must be denied, the possibility of concessions by all parties through negotiation, and speedy action in any case.
2. When demonstrations occur, steps should be taken to provide for the earliest possible administration contact with the leadership of the demonstration, if such leadership is present and can be identified. Demonstrations may take several forms and may be thought of as the next stage of activity following protest. They may be designed to build support for a point of view and/or to provide pressure on administrators by collecting evidence of such support. Leadership will exist and at least rudimentary organization will be in evidence for perhaps all but spontaneous demonstrations. Thus an opportunity is usually available to provide administration contact early enough in the event so that formal arrangements may be made for traffic control, for protection of the demonstrators, and, most appropriately, for administrative contact with the leadership.a. The suggestion, not requirement, that demonstrations be registered in advance may help organizers of planned mass activity to keep them peaceful by cooperating with the University for police protection, observers, and perhaps self-policing by monitors. Self-policing by monitors or marshals may be sufficient to restrain most outbreaks of disruption or violence.3. When demonstrations are so large that they interfere with the normal day to day University functions, or when smaller groups move to disrupt selected University functions or areas, the University must consider that potential for escalation to a major incident exists. Careful planning and action are required. Steps should be taken whenever possible to work with and support the responsible leadership element and not to permit those who prefer violence to gain control. Those who will participate in the making of decisions on the use of force should be alerted, but overt action should be minimized in order not to upset the balance and set the stage for violence.
b. A demonstration can quite easily carry or develop an environment that leads to relatively minor violations of University regulations or even of city ordinances or state law. It is hoped and expected that the University will act in a prudent fashion in the case of such violations. There is adequate precedent for use of prudence if there is a reasonable probability that (1) vigorous enforcement at that time might lead to more serious violations, and (2) that the violations when prudently managed will not lead immediately to more serious incidents.
c. The presence of police under certain circumstances may be expected to stimulate antagonism and trigger violence. The use of police, including their appearance and equipment, must be managed to provide protection for participants, maintain basic security, but not contribute to increased demonstration activity.
4. When extended disruption or violence occurs, force may be required. In such cases:a. Student and faculty representatives should be involved in the decision, even though final responsibility and authority must rest with the Chancellor.5. Once force has been used the Chancellor, other responsible administrators, along with the student and faculty advisers, must take immediate steps to insure that a violent incident is not just a prelude to further confrontation. Such action should include:
b. Efforts at negotiation with the groups involved in the disruption and/or violence must be continued, and preference should be given to a negotiated cessation of inappropriate activities.
c. The use of University judicial processes and sanctions, where appropriate, should have priority over the use of outside forces and agencies.
d. If law enforcement personnel are required, University Safety and Security personnel should have priority over the use of outside forces and agencies. In fact, efforts should be made to use such personnel exclusively, especially, during initial stages.
e. If either campus or city police are used, their numbers should be sufficient to insure rapid restoration of order with an absolute minimum risk to life and limb to both demonstrators and police.
f. If arrests are made it must be clear that those arrested are not charged because of their exercise of the right to speak or dissent but rather for major infractions of law or for engaging in acts of violence. Revenge arrests, the capture of those who are neither as quick nor as prudent as fellow demonstrators, or selective arrests due to distinctive dress or hair style should be avoided.
g. Those who call on outside force must remember that they are calling on a potentially dangerous, and itself disruptive force. Some individuals have developed effective techniques for causing this potential to be realized. While police are supposed to be above retaliatory violence, they are rarely trained in the specifics of handling a campus disturbance and its sometimes concomitant anti-police flavor. Those with final responsibility for calling the police must not forget to weigh these risks in their calculations.a. Making a deliberate effort to insure that the communications media do not present biased views of the incident.
b. Presenting an honest account of the events to the public as soon as possible, without self-serving statements.
c. Opening or continuing discussions of grievances with all parties concerned immediately after the termination of disruption or violence, with a view toward restoring communications and avoiding similar incidences in the future.
A. Advisory Committee1. Statement of organization and purpose: The Advisory Committee shall consist of three students and three faculty members with two alternates for each group to be appointed by the Student Government Association and the University Senate respectively. The purpose of the Advisory Committee is to consult with and advise the Chancellor as to the use of force when disruption and violence may occur or has occurred. Advice and guidance should extend to the prevention, however, as well as the control of disruption. The Advisory Committee will always make exhaustive attempts to deal with issues without resort to force.B. Observer Corps
2. Statement of procedure. The Advisory Committee may be convened by the Chancellor or his representatives or by action of the committee itself. In the event of serious disruptive activity on campus, action should be delayed until the Advisory Committee has been convened except in such extreme situations that it would he impossible to implement such a procedure.
The Group should:a. Have the opportunity for reporting, to those whom they represent, the procedures developed and followed by the committee.3. The Chancellor and his staff should make every effort to carry on all discussions within the staff and with advisers other than the faculty-student Advisory Committee in the presence of the Advisory Committee. Where the Advisory Committee and the Chancellor agree that this is not feasible, a summary of circumstances and the advice received should be given to the Advisory Committee directly by the Chancellor and his staff or by a member of the Advisory Committee designated to participate in such discussions. Decisions regarding the events in question (which required the convening of the Advisory Committee) should be made in the presence of the Advisory Committee.
b. Be briefed by the responsible parties on plans for demonstrations and related activities prior to the occurrence of such demonstrations and activities.
c. Have access to all information possible concerning the activity and process of the demonstration including the opportunity for personal observations.
d. At the conclusion of events provide an independent report to those whom they represent of the role of the Advisory Group in the proceedings and of actions taken and recommendations given to responsible authorities.
4. If at all possible, members of the Advisory Committee should not be used as a part of the negotiating team engaged in discussions with the various participants in the demonstration. However, a member of the Advisory Committee should be designated to observe such negotiations-and report directly to the Advisory Committee concerning developments. Individual faculty members and members of the Student Government Association or the student body at large could better perform the negotiating function. Selection of the negotiating team should be an ad hoc procedure with selections made according to those who can best represent the interests of the Chancellor and maintain discussions with those participating in the disruptive or violent activity. Those performing the negotiating function should be given an opportunity to report to the Advisory Committee on events as they see them.1. Statement of organization and purpose: The purpose of the Faculty Observer Corps shall be two fold:C. Group Marshalsa. To provide visual coverage of campus demonstrations and protest activities.2. Membership: The Faculty Observer Group shall. be selected by the Advisory Committee of the University Senate from among those faculty members who are willing to serve on a voluntary basis. Their number shall be large enough to provide effective coverage of any event in question.
b. To provide a visual and written record of incidents associated with demonstrations and of the behavior of individuals, students-staff-nonuniversity, who may become involved in such demonstrations.
3. Operational Procedures:a. Members of the Faculty Observer Group shall be clearly identified by armbands or other appropriate clothing.
b. The Office of the Vice Chancellor for Student Affairs will be responsible for notifying Observers if demonstrations should develop.
c. Observers should remain a reasonable distance away from those persons involved in a demonstration and they should not attempt to deter involvement in a demonstration.
d. Immediately following observation of a demonstration, the Observer may wish to make a report of his observations. The report should be filed with the University Senate and made available to all parties within the University involved in hearings and reviews which may result from such demonstrations.
e. The Observers shall remain prepared to serve as witnesses at any subsequent judicial proceedings and to receive reports of any infringement of rights and liberties.
f. Should violence become associated with the demonstration, the Observer shall insure his personal safety by remaining at a safe distance or, if personally threatened, by removing himself completely from the scene.The use of marshals for self-policing of groups involved in demonstrations is preferable to the presence of campus or other security forces. The function of the marshals would be to help keep the demonstration peaceful, to restrain participants and to avoid circumstances that could permit the demonstration to become violent.
Procedures:1. The marshals should be appointed by the group planning a demonstration.
2. If possible, the University should be notified in advance of the demonstration that marshals have been appointed and will be used.
3. The marshals should be identified by armbands or other appropriate markers or clothing.
4. The marshals should encourage demonstrators to remain within the area in which the demonstration is to take place.
5. Persons not participating in the demonstration should respect and cooperate with the marshals.