Campus police play a critical role in ensuring the safety, security, and success of high-profile and potentially controversial events on campus.  Recent incidents have highlighted the importance of proactive planning, clear protocols, and collaboration with campus stakeholders.  This client alert offers practical tools and legal insights for campus law enforcement professionals and university leaders as they prepare to host large events or controversial events on campus with outside speakers.

This alert is the second in our series designed to provide colleges and universities with practical strategies for managing safety and legal risks associated with campus events. Our prior alert on campus event safety is available here. Our goal is to equip higher education leaders with actionable tips, legal insights, and best practices to ensure campus events remain safe, accessible, and consistent with institutional values and legal obligations.  These are general recommendations and may not be suitable for every college or university. Institutions should work with legal counsel to develop actionable measures appropriate for their unique campus environment, policies, practices, and applicable law.

Risk management for campus police in managing high-profile or controversial events on campus starts with advance preparation and collaboration with various university departments, ensuring that potential issues are identified and mitigated early.  Key risk management strategies for campus police departments include:

• Early Coordination both On-Campus and Off-Campus
  Campus police departments must collaborate with scheduling offices, student affairs, and event organizers (and vice versa) to assess all high-profile and/or potentially controversial events.  Using campus event registration forms, campus police and related campus offices are able to collect critical information for risk assessment: expected attendance, speaker profiles, event location, and planned activities.
  
  Depending on the size and scope of the event, campus police should also be coordinating with local law enforcement in the city/town or state, as well as with the speaker’s private security detail (if applicable).

• Security Planning and Threat Assessment
  Campus police must develop event-specific security plans in consultation with event organizers, local law enforcement, and the speaker’s private security detail (if applicable).  Campus police should use standardized tools to assess event risk, considering factors such as anticipated protest activity, speaker notoriety, crowd size and location logistics.  These tools allow for risk assessment based on information about the event; however, information considered should not include the speaker’s viewpoint.
  
  As part of this security planning, campus police need to have a designated point person (or group of persons) and assign designated security or police personnel to the event, with clear roles and authority to intervene if needed.

• Infrastructure Controls and Crowd Management
  Campuses should consider holding high-risk events in venues where access can be controlled and monitored.  Campus police or hired security should work with event organizers to restrict dangerous items, remove objects that could be weaponized, and set up physical barriers if warranted.
  
  Campus event organizers should be made aware of campus policies on signs, amplified sound, and space usage.  These policies apply, and should be enforced, regardless of the content of the speech at the event.  Event staff, campus police, hired security, local law enforcement, and the speaker’s security detail (if applicable) should be briefed on these policies and how they are enforced on campus and during events.

• Communication and Training
  Event staff, campus police, hired security, local law enforcement, and the speaker’s security detail (if applicable) must all be briefed on emergency procedures, campus policies, and the event-specific security plan.
  
  Depending on the risk profile of the event, tabletop exercises and scenario-based training may be used to prepare for potential protests, disruptions, or emergencies.

• Monitoring and Response
  Before and during the event, the campus should ensure that it is monitoring social media, campus communications, and local intelligence (if applicable) for indications of planned disruptions or threats.  This could be led by the campus communications team with campus police support.  Any relevant updates should be communicated to event organizers and campus police prior to and throughout the event.

Crisis management is activated when an incident occurs at an event and campus police respond, with swift, coordinated response to protect people, property, and institutional reputation.  Key crisis management strategies include:

• Activation of Emergency Protocols and Crisis Team
  Campus police should be prepared to activate lockdown, evacuation, and emergency medical protocols when necessary.  Key to this is ensuring rapid, clear communication with campus leadership, event organizers, and local and state police partners – and to the campus community.

• Legal and Compliance Considerations
  Campus police should remember to appropriately document all law enforcement actions and responses for Clery Act compliance and legal review.  Campus legal counsel or outside counsel should be consulted before restricting speech or removing individuals from the event to ensure First Amendment and civil rights obligations are met, and to ensure that the university is complying with its own policies.

• Post-Event Debrief and Policy Updates
  The university should conduct after-action reviews with campus police, event organizers, legal counsel, and university leadership.  As a result of this review, the university may want to update its policies and protocols and conduct training based on lessons learned and emerging best practices.

How Hunton’s Higher Education Team Can Help

Our Higher Education team offers campus police and event planning teams tailored support, including: policy drafting and review (event safety, protest, and time/place/manner), training and tabletop exercises, legal review of First Amendment, campus speech, and civil rights obligations; guidance on crisis communications and incident documentation.  To discuss your campus’s event safety policies or receive customized resources, please contact your Hunton lawyer.