Wednesday, December 29, 2010

The UC's Grossly Overpaid Elite in Revolt Against "Austerity" Measures!

36 of the wealthiest administrators across the UC--including Berkeley Law's Dean Edley--impliedly threatened legal action against the UC if the UC doesn't increase the pension benefits of administrators making over $245,000. Currently, the UC caps pensions at $183,750.

More to follow.

Check out the SF Chronicle article .

Monday, December 27, 2010

Stand in Solidarity with Peter Howell -- Court Date

Arraignment tomorrow for Peter Howell, a UC Merced student who was arrested at the UCSF Regents' Meeting this past November. The DA has charged Peter for taking Officer Kemper's baton--these are serious felony charges. Of course, we've all seen the videos, which conclusively prove that Kemper dropped his own baton. By filing these groundless charges against Peter, it's evident that the DA is attempting to legitimate Kemper's intolerable actions--drawing his gun, pointing his gun at students for a protracted period of time, and subsequently shoving a person as he walked back to the line of riot cops. We will not tolerate the DA's transparent and base attempt to scapegoat Peter to justify UCPD's violent threats against students and workers.

Peter's arraignment is tomorrow!


Tuesday Dec. 28
9am at the SF courthouse
850 Bryant St. (closest BART is Civic Center)

Friday, October 1, 2010

Uncivil Procedure -- a new home

Dear Readers of Uncivil Procedure,

this is our new location, but our slogan will remain "fomenting legal insurgency."

More to come soon.

Update 12-26-2010. The new UnCivPro is about to be launched. Thanks for your patience.

Tuesday, May 11, 2010

**Uncivil Procedure Exclusive** Chancellor's Statement on 12/11/2009

PDF version.

Impact Statement from Chancellor Robert J. Birgeneau and Mrs. Birgeneau

[caption id="attachment_214" align="alignleft" width="172" caption="The Chancellor prepares for battle."]The Chancellor prepares for battle.[/caption]

On the evening of December 11, 2009, just after 11:00 p.m. a mob of some 40 to 100 rioters, masked and carrying torches, carried out a violent assault on University House, which is the official residence of the Chancellor and his wife. The mob of masked rioters had rampaged through the streets of Berkeley, where they picked up prefabricated, accelerant-laced torches, lit them and proceeded to attack our home. Mary Catherine and I were on the second floor of the building when we heard a cacophony that was reminiscent of the noise in a full scale battle as portrayed in many war movies. Trapped on the second floor, we felt in severe physical danger as the mob, having smashed exterior light fixtures, attempted to break into our home by smashing through windows and attempting to set fire to the house.

The mob pulled down a Christmas wreath from the front door and attempted to light it on fire and lodged torches into the trees and shrubbery surrounding our home. They attempted to break into the house by ramming the front door with a garbage can and smashing through the front windows with their feet and other objects, possibly including large terra cotta planter pots which they broke. There was an extremely flammable Christmas tree just inside the front door. The windows were assaulted with such force that part of one interior wooden window frame was dislodged and glass from one of the windows sprayed five feet into the house. Mary Catherine and I felt terrorized.

We feared that this violent attack would continue to escalate as the rioters attacked the police vehicle that arrived on the scene after our call for help. Rioters attacked the officers, throwing lighted torches at their vehicle, and volatile embers entered through the open windows.

The attack received national and international media coverage and created immense anxiety for our safety and for our immediate families, including our four children and Mary Catherines two brothers and her 100 year old mother in Canada.

Following the attack, at least two persons, one seemingly deranged, came to University House in, the next days, urged on in their minds by the rioters’ actions.

The University has suffered damage, not only in the cost of many thousands of dollars of destruction to University property, and the additional security now required for University House, but sadly, to Berkeley’s reputation. The negative publicity associated with this violent assault has far outweighed any good which has derived from the peaceful student protests on campus.

Mary Catherine and I are still shaken by the fact that these acts were committed intentionally, with malice and reckless disregard for possible consequences to our safety and well-being.

Those who were at the scene, even if they were not explicitly involved in the assault, provided moral support to these violent actions and by wearing masks and carrying torches encouraged and ratified the mob’s violent and destructive conduct.

Yours sincerely,

Robert J. Birgeneau

Wednesday, May 5, 2010

*Breaking News* UC Berkeley Resolves Charges, Chancellor Issues Ridiculous Statement, Students Still Face Charges

See the Chancellor's statement here. This document is an Uncivil Procedure exclusive!

The Berkeley Law Campus Rights Project just released a statement detailing the final resolution of Angela Miller's student conduct case. The charges are resolved, Angela will not be suspended. This outcome is remarkable as the University originally sought a full 1 year suspension. In the meantime, rumors are circulating that Dean Poullard stepped down from Student Conduct oversight.


Finally, a rally against student conduct under the leadership of Dean Jonathan Poullard was held on Sproul Plaza today.

UCMeP Speech.

Tuesday, May 4, 2010

UCB Faculty Demand Suspension of Student Conduct

We, the undersigned faculty, call for the immediate cessation of all proceedings against the students involved in protest actions that are currently underway by the OSC. Such proceedings should be suspended until and unless the serious procedural issues that currently mar these proceedings can be fully addressed and rectified. Because it is clear that no fair evaluation can be conducted under these circumstances, we call for the immediate halt to all disciplinary proceedings against student protestors following from the events on December 11th and November 20th of this academic year.

It has become abundantly clear in the last weeks that these proceedings are not only seriously flawed, but that no just outcome can emerge from these procedures in their current form. The problems as we see them pertain to two separate but interlocking issues: the version of the code of student conduct that is currently used and the specific applications of that code in these specific cases. These flawed applications arise from inadequacies in the code itself and from flagrant instances of bad judgment on the part of those conducting the inquiries. These egregious applications of the code have raised serious questions whether those charged with directing a fair disciplinary review have overreached their mandate and contravened both legal and educational standards to which we, as a community, are bound. The rights to political protest, guaranteed by the University’s commitment to free speech and rights of assembly are paramount in this context and must provide the framework within which charges against any of these students are assessed. We note with grave concern the lack of a sufficient effort to balance these concerns with the alleged offenses as well as the failure to develop and apply appropriate measures for assessing these charges.

Read the full petition.
Download the pdf.

Tuesday, April 6, 2010

The Urgent Necessity of the Abolition of the University’s Regulation of Student Political Activity

…a working paper* to spark discussion…

See related post here.



In Fall 2009, direct-action resistance to the UC Regents’ project of privatizing the University of California (“UC”) erupted systemwide. In response, the UC Administration is now punishing students on a mass scale for violating various provisions of the Code of Student Conduct.

Almost invariably, an alleged violation of the criminal law--which, of course, exists independently of the Code of Student Conductunderlies the student conduct charges resulting from the demonstrations and actions in Fall 2009; almost invariably, the UC Administration commenced its student conduct charges against students after receiving a UC Police Department (UCPD) report detailing the student’s alleged violation of a particular law. Thus, students who engage in civil disobedience face significant repercussions from two independent State entities.