How UT Austin's new protest response team handles student demonstrations

AUSTIN (KXAN) — It has been nearly three months since the University of Texas' Office of the Dean of Students opened the Event Readiness and Response Team, a unit dedicated to balancing free speech rights while upholding university policies, according to its website. Its opening comes months after the pro-Palestinian protests that left some students questioning the current state of free speech on a major university campus.

The unit offers support and educational guidance on student rights and responsibilities related to demonstrations on UT's campus to comply with university policies and institutional rules. Currently, the unit is made up of the Director of the Event Readiness and Response Team Joe LoBrutto, three team leads and 12 members.

LoBrutto began the new role in July as director for the unit after wrapping up four and a half years with the UT Austin Police Department, ending his term as a K-9 sergeant. He explained there was a reorganization around January and February of this year, which prompted the Office of the Dean of Students to reassess the university's demonstration response efforts.

"It deserved more than part-time. It deserved to be something that was full-time … That way we could better assist the students and we could better help the students," LoBrutto said.

Demonstration response has been a part of the Office of the Dean of Students for about 15 years. In addition to taking on the new role full-time, LoBrutto also created a new website that laid out the specifics of how students can demonstrate on campus.

In a sit-down interview with KXAN, LoBrutto shared his unit's processes and how they assist student organizations from start to finish. LoBrutto described how he comes across various events where students plan on demonstrating on campus through online platforms or word of mouth. Depending on the size of the event, students are encouraged to contact the unit with ample time before their planned event to receive guidance.

"The website suggests at least 21 days, but if it's sooner than that, then we'll work with you," LoBrutto said.

"They can go to a space on campus and they can have their expressive activity and sometimes with what's going on in life and the culture and events, those spur-of-the-moment things happen and we encourage them to act appropriately on those moments so that their voice can be heard," LoBrutto said. "We look at those time, place and manner considerations."

According to the University of Texas System Regents' Rules and Regulations, time, place and manner considerations are implemented "so that the activities do not intrude upon or interfere with the academic programs and administrative processes of the University of Texas System Administration or any of the institutions."

Some time, place, and manner rules on UT's campus include:

• Reservations required in order to use to use amplified sound at any time
• Amplified sound can only be used at designated times and in designated areas with a reservation
• The use of sticks or batons, including metal, plastic or wood poles affixed to signs, is not allowed
• Open flames are prohibited on campus
• Community members/visitors cannot obscure their faces with masks
• Community members/visitors must allow a 10-foot clearance around points of entry and the perimeter of all university buildings
• The general public is not allowed to hang signs or banners on campus buildings, landscaping, hardscape or trees
• Campus community members may apply through the dean of students for a temporary banner space in the university’s limited public forum
• Commercial solicitation is prohibited

"It covers itself in a cloak of wanting to help students, wanting to engage with students, wanting to connect the community and build trust," Austin Students for a Democratic Society member Arshia Papari said of his perception of the unit.

Papari told KXAN he was disappointed with his group's interaction with LoBrutto after they hosted a "Divest from Death" rally on Oct. 30. As part of the rally, Austin SDS members tried to hand-deliver a letter to UT President Jay Hartzell with a list of demands, including UT divesting from the "Israeli Occupation of Palestine."

Papari said that LoBrutto initiated contact with Austin SDS President Gianluca Reyes over email on Oct. 29 to discuss the rally. While organizations are not required to work with the unit and reserve a space as the campus itself is a public forum they still have to comply with university rules.

"Luca Reyes was contacted about this, and the Event Readiness and Response Team led by Joe LoBrutto reached out asking for us to engage with them, to speak with them about the event," Papari said. "Sort of work together with administration to have the event on their terms."

Papari and Austin SDS decided against partnering with the unit for their event because they felt a lack of trust with university administration and believed moving forward without them would be in their best interest, without causing further consequences.

"[The rally] was a perfect example of what I just described, a unit, in the interest of administration, that forward facingly states that it's in the interest of students and trust building," Papari said.

Email transcripts obtained by KXAN from Papari showed LoBrutto sent over information for how Austin SDS could ensure their rally would meet the time, place and manner considerations a day before the event would take place. 

"We've seen your post and know you would like to deliver a letter to the President’s office," LoBrutto wrote in an email to Reyes. "What we must keep in mind is this is an administrative building with daily operational needs and considerations and cannot be disrupted."

The email showed that LoBrutto had suggested an alternate plan to Reyes that would allow for Austin SDS to deliver their letter of demands without breaking any rules.

"To help you accomplish your goals and allow the media to record the exchange of the letters, we will meet you on the south steps of the Main [Building] facing the Main Mall," LoBrutto wrote. "I will be there with a representative from the Provost’s office and the President’s office. You will have time to conduct the exchange at that location."

Ultimately, Papari and Reyes entered the Main Building to proceed with the letter delivery but were barred by LoBrutto from going any further.

"I think not allowing us to get to that point and to officially be able to go up to the office was a breakage in our students' rights and our rights to free speech," Papari said.

In a phone call with KXAN, Assistant Vice President of University Communications Mike Rosen said that while student organizations partnering with the unit remains optional, upholding the law and university rules are not in question.

"To avoid disruption of University operations, the Main Building may not be used for such public assembly at any time," according to the university's institutional rules.

KXAN followed up with Papari about his knowledge of this rule and received no comment.

'It's a tough balancing act'

"On the one hand, it's great to be prepared and to have people who know the law and know people's rights and are going to make sure everyone stays safe while facilitating free expression," said Emily Berman, a law professor at the University of Houston Law Center. "But at the same time, if you're not careful, then that kind of presence can have the opposite effect."

Berman, who specializes in constitutional law, national security law and has an area of expertise in separation of powers and checks and balances, said that if the readiness and response unit begins to enforce those guidelines in a way where their presence may be felt, it may result in students being intimidated by university officials and abstaining from protesting altogether. 

"I think the university should get credit for sort of thinking through how can we handle these," Berman said. "But again, the devil's in the details about how they get enforced."

University of Texas Communications and Marketing Manager Tina Shively said the Event Readiness and Response Unit has worked with several organizations, such as University Democrats, Longhorn Students for Israel, Turning Point USA, Muslim Student Association and Longhorn Chi Alpha Christian Fellowship. 

KXAN reached out to those organizations to learn the processes of partnering with the unit and what their timeline was like. Longhorn Students for Israel declined the interview request; University Democrats responded initially, and the others did not reply.

"We are all dedicated to ensuring that we create an environment where the campus community, and our community in general, feel like they have a place to express their First Amendment rights and to have that expressive activity," LoBrutto said.

Students and members of the UT community are encouraged to contact the Event Readiness and Response team at doseventreadiness@austin.utexas.edu to get guidance on how to comply with university guidelines.