Joanna _________________________
Thank you for writing to express your concerns about recent events surrounding Students for Justice in Palestine. These are the facts.
1. Approximately one year ago, SJP occupied Wheeler Hall, a large academic building on campus with many classrooms. As a result of that occupation, classes were disrupted for several hours. This was a significant departure from past protests going back decades. We have had shanty towns, encampments, occupation of administrative buildings and strikes. Occupation of an academic building that prevents students from attending class is viewed as a much more serious violation because it violates the core mission of any university. The leadership of SJP was informed of this at that time. Some form of suspension was not considered for those violations because we hoped that, once the students knew the seriousness of their actions, they would not be repeated.
2. On April 9 of this year, SJP, despite being warned again about the seriousness of taking over an academic building, proceeded to repeat the take over of Wheeler Hall. Their plan, in fact, based on flyers and materials we obtained, was to take over Moffitt Undergraduate Library, the soul of the university, so to speak, and once again deprive other students of their right to an education. The campus police were able to preclude that from happening. When the protesters approached Wheeler Hall, the police informed the protesters that they were not to enter the building. They pushed by the police and proceeded to occupy the building. Classes were disrupted in that building as a result. This was no longer a matter of free speech but rather a violation of the mission of the university.
3. Wheeler Hall was occupied from approximately 1:15 to 5:00 PM. The police and members of the Dean of Student Life office repeatedly informed the protesters of the possible consequences of their actions. 79 individuals were arrested, 41 of whom were students. All were cited and released by the police with the criminal charge of trespassing, with the exception of one individual who was arrested and taken to the City of Berkeley jail for assault on a police officer. A very small number may have also been charged with resisting arrest. They were not detained.
4. There was an enormous number of media outlets, including eight television stations, covering the rally and march preceding the occupation of Wheeler Hall. The points that the protesters were trying to get across received considerable attention both before and after April 9. Why it was necessary for SJP to take over Wheeler Hall and deprive other students of their right to an education is puzzling to me.
5. All students arrested are in the process of receiving letters from the director of student conduct indicating the specific violations of the code of conduct for which they are being charged. They all have the opportunity to meet with the director and can either stipulate to the charges and reach a settlement or choose a student conduct hearing before a hearing officer or committee composed of faculty, staff and students. They all have due process protections including the right to counsel. The hearing process is private unless those charged waive that requirement. The hearing officer or committee reviews the evidence and makes a recommendation on sanctions to the Dean of Student Life. The recommendations can range from total exoneration to expulsion. The students in this case were warned that the seriousness of the violation could lead to suspension. There are various forms of suspension including stayed suspension. This is essentially a form of probation that could include a warning that participating in a similar event will lead to a recommendation for suspension. If this occurred, a new hearing with all due process rights in force would take place. The Dean of Student Life can accept or modify the recommendations and her decision is appealable to the Vice Chancellor for Undergraduate Affairs.
6. The issue of the suspension of SJP as a recognized student organization has been raised. Registered student organizations are informed of the basic campus rules of conduct. If they are violated, an investigation ensues and the particular student group is suspended until the investigation is completed. You should know that this is largely a symbolic gesture in that a new student organization can be approved very quickly and can include signatories (four are required) who were part of the suspended organization. In essence, that is what has occurred in this case. There is a student group, ISO (International Student Organization, I believe is the title), headed by Snehal Shengavi, one of the principal leaders of SJP. That group has already secured the use of Sproul Plaza for a rally for May 2, similarly calling for a Day of Action as was the case on April 9.
7. You have also raised the issue of divestment in companies that do business in Israel. That decision is not a campus decision but one that is in the hands of the Board of Regents of the University of California System. The protesters are fully aware of that.
8. You have also raised the matter of civil disobedience. A long history of civil disobedience in the spirit of Ghandi and Martin Luther King recognizes the importance of suffering the consequences of one's actions. That understanding seems to be absent among the protesters in this case.
I want to assure you that free speech is alive and well at Berkeley. There have been numerous rallies, forums, teach-ins and others ways our students and faculty have engaged in heated but civil discussion over issues in the Middle East. That is what a university is all about. It is not about taking over classroom buildings and depriving the right of other students to an education.
Thank you again for taking the time to express your concerns on this important matter.
John Cummins Assistant Chancellor