Approved by Rockland Community College Board of Trustees on September 23, 2024.

  1. Policy Statement: Rockland Community College Department of Public Safety respects the rights of people to peaceably assemble. It is the policy of this agency not to unreasonably interfere with, harass, intimidate, or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life, and preventing the destruction of property.
  2. Purpose: The purpose of this policy is to establish guidelines for managing crowds, protecting individual rights, and preserving the peace during demonstrations and civil disturbances in accordance with the Rockland Community College Maintenance of Public Order policy.
  3. Definitions:
    1. Civil Disturbance – Is defined as a gathering that constitutes a breach of the peace or any assembly of persons where there is a threat of collective violence, destruction of property, or other unlawful acts. Such a gathering may also be referred to as a riot or unlawful assembly.
    2. Crowd Control –Is defined as techniques used to address civil disturbances, to include a show of force, crowd containment, dispersal equipment and tactics, and preparations for multiple arrests.
    3. Crowd Management – Is defined as techniques used to manage lawful assemblies before, during, and after the event for the purpose of maintaining their lawful status through event planning, pre-event contact with event organizers, issuance of permits when applicable in accordance with the Rockland Community College Maintenance of Public Order policy.
    4. Demonstration – Is defined as a lawful assembly of persons organized primarily to engage in First Amendment activity which may be scheduled events that allow for law enforcement planning. They include, but are not limited to, marches, protests, and other assemblies intended to attract attention. Lawful demonstrations can devolve into unlawful civil disturbances that necessitate law enforcement action.
    5. Riot – Is defined as a public demonstration involving assemblage of five or more persons engaging in tumultuous and violent conduct causing public alarm. (NYS PL 240.05, Riot in the Second Degree)
    6. Scheduled Event – Is an event that is publicized or has obtained a permit through advance planning; for which large numbers of persons may gather or participate in accordance with the Rockland Community College Maintenance of Public Order policy.
    7. Spontaneous Event – Is a public demonstration incident which is not anticipated and for which the Public Safety Department does not have adequate time to develop an action plan or otherwise prepare for the event. Such activities may be lawful or they may create a risk to public safety and peace, or damage to property.
    8. Unlawful Assembly – five or more persons assembled for the purpose of engaging or preparing to engage in tumultuous and violent conduct, likely to cause public alarm. (NYS PL 240.10, Unlawful Assembly)
  4. Procedures
    1. Management and Organization Principles
      The college may impose reasonable restrictions on the time, place, and manner in which persons assemble and engage in free speech activity. This agency shall place only those limitations and restrictions on demonstrations necessary to maintain public safety and order and, to the degree possible, facilitate uninhibited speech, commerce, and freedom of movement.

      1. An Incident Command System (ICS) shall be used in crowd management and civil disturbances to ensure control and unified command. Organization of responsibilities shall be as follows:
        1. The Director of Public Safety shall coordinate or designate an incident commander (IC) responsible for overall control of a demonstration or civil disturbance.
        2. In the case of a widely dispersed demonstration or disturbance, or event with multiple locations, multiple ICs may be assigned at the discretion of the Director of Public Safety.
        3. The IC shall be responsible for preparing operations plans and management details associated with planned demonstrations along with the Rockland County Sheriff’s Department.
      2. The primary objectives of the IC at a civil disturbance are to accomplish the following:
        1. Protect person’s, regardless of their participation in the disturbance.
        2. Disperse disorderly or threatening crowds in order to eliminate the immediate risks of continued escalation and further violence.
        3. Assist law enforcement officers with arrest law violators, including those responsible for property damage, and remove or isolate persons inciting violent behavior.
      3. Officers shall be briefed on what to expect and appropriate responses. They shall be informed that the IC or their designee(s) shall be responsible for ordering any response deemed appropriate. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and to prevent the destruction of property. Officers should not:
        1. Engage in assembly or demonstration-related discussion with participants.
        2. Harass, confront or intimidate participants.
        3. Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest.
      4. Supervisors should continually observe Public Safety Department members under their commands to ensure that their interaction with participants and their response to crowd dynamics is appropriate.
      5. The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The IC should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated.
    2. Preparation and Planning
      Every effort shall be made to make advance contact with the leaders of a scheduled event and to gather information about the event to ensure accurate assignment of personnel and resources.

      1. Necessary information includes:
        1. What type of event is involved?
        2. When is it planned?
        3. Will the event coincide with other routine, large scale events (e.g. Commencement, Springfest, Homecoming, Sporting events, etc.)?
        4. Is opposition to the event expected?
        5. How many participants are expected?
        6. What are the assembly areas and movement routes?
        7. What actions, activities, or tactics are anticipated to counter unlawful participant actions, including the use of demonstrator devices designed to thwart arrest?
        8. What if any critical infrastructures are in the proximity of the event?
        9. Have permits been issued in accordance with Rockland Community College policy?
        10. Have other agencies such as fire and EMS been notified?
        11. Is there a need to request mutual aid?
        12. Has the appropriate level of properly equipped personnel been allocated to ensure safety of bystanders, officers, and demonstrators?
        13. Will overtime personnel be required?
        14. What is the past history of conduct at such events and whether group leaders are cooperative?
        15. Who are the potential counter-protest groups?
        16. Is there a history of violence between the group demonstrating and potential counter-protest groups?
      2. The Director of Public Safety or a designee, shall complete an Action Plan with the Rockland County Sheriff’s Department prior to the scheduled event. The action plan shall address provisions for the following and be distributed to all officers:
        1. Command assignments and responsibilities.
        2. Personnel, unit structure, and deployment.
        3. Liaison with event leaders.
        4. Liaison with outside agencies, if necessary.
        5. Communications plan, to include release of information to the media.
        6. Pre-event intelligence analysis.
        7. Weather and terrain at the event location.
        8. Transportation, support, and relief of personnel.
        9. Staging points for additional resources and equipment.
        10. Traffic management, including perimeter safety.
        11. First aid stations established in coordination with emergency medical service providers, if necessary.
        12. Transportation of prisoners, if necessary.
        13. Prisoner detention areas, if necessary.
        14. Any laws, ordinances, or administrative rules specific to the event.
    3. Mutual Aid:
      Will be coordinated by the Rockland County Sheriff’s Department in consultation with the Director of Public Safety or designee.
    4. General Crowd Response:
      1. If needed, officers shall be deployed to monitor crowd activity. Sufficient resources to handle multiple unruly persons shall be available, depending on the fluidity of the situation and degree of actual or likely disruption.
      2. Uniformed personnel shall wear their nameplates or other identification (shields) in a visible location on their person at all times.
      3. Officers shall be positioned in such a manner as to minimize contact with the assembly.
      4. Officers should avoid engaging in conversations related to the demonstration with attendees, refrain from reacting in response to comments from demonstrators, and maintain a courteous and neutral demeanor.
      5. Persons who reside, are employed, or have emergency business within the area marked off by a police line shall not be prevented from entering the area unless circumstances suggest that their safety would be jeopardized, or their entry would interfere with law enforcement operations.
      6. Communication with event leaders should be continued throughout the event if possible
      7. Supervisors shall maintain close contact with their assigned officers to ensure compliance with orders, monitor behavior and disposition, and ensure that they are aware of any changes in crowd behavior or intent.
      8. Audio and video recording of agency crowd response should be considered for evidentiary purposes.
      9. Officers shall take reasonable measures to provide a means of egress for all individuals present at all times.
    5. Response to Spontaneous Civil Disturbances
      1. When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to:
        1. Location
        2. Number of participants
        3. Apparent purpose of the event
        4. Leadership (whether it is apparent and/or whether it is effective)
        5. Any initial indicators of unlawful or disruptive activity
        6. Indicators that lawful use of public facilities, streets or walkways will be impacted
        7. Ability and/or need to continue monitoring the incident
      2. Initial assessment information should be promptly communicated to Dispatch, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed, and a Crowd Management Action Plan Post-Event Report should be completed.
    6. Unlawful Assembly Dispersal Orders
      1. If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event.
      2. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through
        established communications links with leaders and/or participants or to the group.
      3. When initial attempts at verbal persuasion are unsuccessful and upon the order of the Director of Public Safety or Rockland County Sheriff’s Department in consultation with the Incident Commander or the authorized designee shall make a clear, standardized announcement to the gathering that the event is an unlawful assembly and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. See Dispersal Order in Appendix A.
    7. Use of Force
      1. Use of force is governed by current New York State and applicable law.
      2. Unless exigent circumstances justify immediate action, officers shall not independently make arrests or employ force without incident command authorization.
      3. The following restrictions and limitations on the use of force should be observed during demonstrations and civil disturbances. In all cases, weapons should be carried and deployed only by trained and authorized officers.
        1. Motor vehicles may be used to contain, control, and direct persons as appropriate but shall not be intentionally brought into contact with them unless the use of deadly force is authorized.
        2. Bicycles or horses may be used to control and move person’s as appropriate.
        3. Aerosol restraint spray, known as oleoresin capsicum (OC), may be used against specific individuals engaged in unlawful conduct or actively resisting arrest, or as necessary in a defensive capacity when appropriate. OC spray shall not be used indiscriminately against groups of people where bystanders would be unreasonably affected, or against passively resistant individuals.
      4. All uses of force shall be reported to a Supervisor and documented.
    8. Arrests
      Arrests will be handled and coordinated by the Rockland County Sheriff’s Department and other assisting law enforcement agencies in consultation with the Director of Public Safety when possible.
    9. Media Relations
      Media relations will be handled by the Rockland Community College Communications Team in consultation with the Director of Public Safety, Rockland County Sheriff’s Department and College Administration.
    10. Demobilization When the disturbance has been brought under control,
      1. All personnel engaged in the incident shall be accounted for and an assessment and documentation made of personal injuries.
      2. Witnesses, suspects, and others should be interviewed or questioned.
      3. All necessary personnel should be debriefed as required.
      4. Any equipment utilized by officers should be replaced.
      5. All written reports shall be completed as soon as possible after the incident. The Incident Commander will complete the Post-Event Summary section of the Crowd Management Action Plan / Post-Event Report. Comprehensive documentation should include, but is not limited to, the basis for the incident and the agency’s response to the incident, with a statement of impact to include the costs of equipment, personnel, and related items.
  5. Training
    Public Safety Department officer’s should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management. The department should, when practicable, train with its external and mutual aid partners.

Appendix A

DISPERSAL ORDER The following Dispersal/Arrest Order should be read prior to any police proactive movements or arrests, absent exigent circumstances:

  • I am (rank and officer’s name), of the Rockland Community College Department of Public Safety. This is an unlawful assembly; I order all those assembled at (give specific location) to immediately disperse. You must leave the immediate vicinity. If you remain in this immediate vicinity you will be in violation of New York State Law and Rockland Community College Public Order policy. No matter what your purpose is, YOU MUST LEAVE.
  • If you do not disperse, you may be arrested and/or subject to other police action that may include actual physical removal, the use of Riot Control agents and/or less lethal munitions, which could cause risk of injury to those who remain.
  • The following routes of dispersal are available: (give the most convenient route(s) of dispersal): You have ()minutes to disperse (give a reasonable amount of time – take into consideration the number of participants, location of the event and number of exit routes).

**RECORD THE TIME OF ALL WARNINGS COMMUNICATED TO THE VIOLATORS**

  • 1st Warning hrs. (Wait 5 minutes before reading 2nd warning)
  • 2nd Warning hrs. (Wait 2 minutes before reading 3rd warning)
  • 3rd Warning hrs. (Commence arrests when practical)

Whenever possible, warnings should be given with a Long Range Acoustical Device (LRAD), bullhorn, or a car PA system.

Warnings should be given in a loud, clear and articulate manner. If possible, an officer should be sent to the rear of the crowd to confirm that the order could be clearly heard (record this officer’s name and badge number).