Guidance on conduct of protests and demonstrations

This includes acts of demonstration such as marches, occupations, online activism, and other forms of protest or demonstration. However, it is vital that such acts of protest or demonstration take place in line with the University’s values, policies, and within the law. 

As such, the right to exercise free speech and expression through protest or demonstration is not absolute. In this context, the University may restrict a protest or demonstration or a member’s participation in such an event where it is lawful and proportionate to do so. As outlined below, the University will explain to its members the reasoning for any restrictions at the time where a restriction is put in place. 

To ensure that protest and demonstration can take place on campus, the following procedures shall apply.

An appropriate member of Executive Board (excluding the Vice-Chancellor or University Secretary) or their nominee shall be responsible for engaging with protest organisers and making decisions in relation to those organisers’ plans for the organisation of a protest or demonstration. They shall also be responsible for the regulation of a protest or demonstration while it is taking place. This individual should not be the same person responsible for making a decision concerning a meeting, where the protest relates to that meeting. 

Whilst the Executive Board member (or their nominee) will act as principal decision maker, it is understood that, when considering the oversight and regulation of protests and demonstrations, they will engage with a range of colleagues, relevant stakeholders, and impacted parties to inform their decision-making. Where required, this will include bringing together a formal meeting of stakeholders to make decisions.

When making decisions in relation to protests or demonstrations, the University will have regard to the following, non-exhaustive list of considerations:

• That a protest or demonstration should be allowed to proceed without interference by the University unless the steps needed to ensure the University’s compliance with its legal duties are determined not to be reasonably practicable
• That any decisions to restrict protest activity must be proportionate. The decision over what is considered proportionate in this context is at the discretion of the Executive Board member (or nominee), who will engage with appropriate stakeholders when making this assessment
• That the rights and freedoms of those not organising or participating in a protest or demonstration must be respected
• That the safety and security of people and property should be ensured
• That where a protest or demonstration disrupts the functions or operations of the University, the University will take steps to accommodate and limit the impact of this disruption so as to ensure that the proper operation of the University can continue. Where such an accommodation and limitation imposes a disproportionate burden on the University, steps will be taken to halt or move the protest
• That when participating in a protest or demonstration, members of the University will adhere to the policies, rules, and procedures of the University 

As members of the University, protestors and demonstrators (collectively or as individuals) must not:

• Infringe the rights of others
• Discriminate against others
• Cause significant distress to others
• Draw people into terrorism, promote banned terror organisations, or promote acts of terrorism
• Breach UK laws by committing hate crime or threatening public order or safety. This includes the use of words or images that incite racism or hatred

Members of the University who intend to protest or demonstrate shall ensure that a single person is appointed as Primary Contact for the activity. This individual shall be responsible for giving notice to the University of a protest or demonstration.

The Primary Contact will give no fewer than six working days of notice of a protest or demonstration by completing the Notice of Protest form and submitting it to the Executive Board member via email to executiveoffice@gold.ac.uk.

Within two days of receipt of the notice, the Executive Board member (or nominee) will acknowledge the notice and:

• Make any reasonable request for further information
• Make summary decisions as to whether to grant or refuse permission for the protest/demonstration
• Request to liaise with the Primary Contact in order to:
  • Consider the time, location, duration, route and other operational requirements for the protest/demonstration
  • Advise on the University’s expectations for a risk assessment
  • Determine any additional actions necessary to ensure that the protest/demonstration meets the requirements listed above
  • Inform Security (and other staff, or relevant external agencies as necessary) to ensure that they are aware and can take any reasonable action

Within two days of liaising with the Primary Contact, the Executive Board member shall inform the Primary Contact of their decision. Where a decision has been made to prohibit the protest or demonstration or modify any of the proposed arrangements, they shall provide the reasons for that decision. The Executive Board member should consider whether it is appropriate to state what alternative arrangements would enable the protest or demonstration to proceed, albeit in a different form or at an alternative time.

The Primary Contact shall then act as a point of connection and coordination with the Executive Board member to ensure that there is an appropriate channel for communication, responding to any reasonable requests for information made by the University.

When organising and executing a protest or demonstration, the organisers will, as far as possible:

• Prioritise the safety of members of the University (including those who may disagree with the agenda of a protest or demonstration)
• Ensure that the operation and functions of the University continue. This would include:
  • Allowing members and visitors to freely move about campus
  • Allowing lectures and University events to continue unhindered (including excessive noise in or intruding into buildings)
  • Allowing other students, staff and visitors to conduct their business
  • Allowing entrance and egress from the campus and its building as needed
• Ensure that the protest or demonstration respects University property and the property of others
• Ensure that areas in which the protest takes place are kept tidy and unobstructed, both during and after the conclusion of the protest

While the University places the duties outlined in this guidance on the Primary Contact, it is recognised that the Primary Contact cannot be held responsible for the specific behaviours of individuals who attend or take part in the protest, nor can they be held responsible for the behaviour of other members of the University and how they respond to the protest. The University will continue to hold individual members accountable for their actions.

While it is recommended that all protest and demonstration activities are planned so that appropriate support can be provided to balance both the right to free speech and the safety and security of the University and its members, it is recognised that protest can – on occasion – be spontaneous. In these circumstances, as near to the start of the protest as possible, protestors will be expected to nominate a Primary Contact who can act as a point of connection and coordination, as outlined in point 9 of this guidance.

At any time from the commencement of a protest or demonstration, the Executive Board member (or nominee) retains the right to take action to halt and disperse a protest where they believe this is warranted. Any actions taken will be based on a reasonable consideration of the situation and will be proportionate to the situation. Ahead of taking any action, where possible, the Executive Board member (or nominee) will consult with a range of appropriate stakeholders and work within the framework outlined within the Code of Practice Freedom of Speech and Academic Freedom to inform their decision making. Where action of this kind is taken, the Executive Board member (or nominee) will inform the Primary Contact of the reasons for taking this action. 

Appeals against decisions related to the conduct of protests or demonstrations

Appeals against the rulings of the Executive Board member (or nominee) may be made to the Vice-Chancellor, whose decision shall be final.