**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."][/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

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.

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.

AbolitionCSC.pdf

Introduction

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.

On the night I chose not to die . . .

On the night I chose not to die…

I was a woman of color. On the night I chose not to die, I fought with anger and determination, and finally fell asleep with a satisfied smile born not from my own sheltered existence, but from the momentary dissolving of the reality of privilege. That night I watched the hordes of college students exiting the bars and dispersing, walking past those of us confronting police in the streets as if it was simply none of their business. That is the privilege you describe, which has no place in this movement.

Who was left? Who made it their business? If you were there, if you dared approach the dancefloor and “battlefield” of the streets, you’d know what we “looked” like.

And yet according to your fairytale of homogeneity and privilege, on the morning after “I chose not to die,” according to you, I woke up a white man. Let me tell you… NO I DIDN’T!

It’s as though all the work I’ve done, the lifetime of daily struggle, of people acting as if I was naturally inferior and practically invisible, is a waste of my time. Because the people I also struggle for, among others, could flippantly assert that now, because I fight alongside my white brothers and sisters, I have no identity, no history, and no color of my own.

~~~

To the author of the “Open Letter to a White Student Movement,” we respond:

Read the entire statement at Occupy California.

UC Above the Law?

For many students across California, the start of this semester looked unusual. Instead of checking in with their advisers, they were checking in with their lawyers. These students are currently experiencing the backlash of protesting against the University of California’s decision to implement a 32 percent fee increase last November. Several protests included the occupation of buildings on several UC campuses and an alleged attack on the UC–Berkeley Chancellor Robert J. Birgeneau’s home. These actions led to the arrest of hundreds of University of California students. Media attention waned once bail was posted, but the students’ problems did not end when they were released from custody. Many are now facing charges from the university's Center for Student Conduct, but no one seems quite sure of how the code of conduct and the law should interact.


Read More at Campus Progress.

Unfettered by stifling bureaucracy.

An anonymous submission -- Ed.

The student-worker Movement should heed the lesson of November 20th: disruption of ‘business as usual’ at the University through direct action is instrumental to the Movement’s successful resistance to the Regents’ project of privatization of the University of California. For the experiences of Fall semester 2009 demonstrate that it is primarily through direct action—as opposed to delegating our authority to spineless, impotent politicians, whether in the Democratic Party or self-styled student leaders—that the Movement realizes its collective power. And it is only through the local exercise of this collective power—unfettered by the stifling bureaucracy of a political party or the institutions of the University—that the Movement can effectively press for and implement the fundamental change it demands at the University and even its host society.

A brief review of the November demonstrations and actions underscores the potency of direct action.

On November 18-19, students, staff, and faculty spent long days on the picket lines, chanting and marching in circles … while hordes of scabs walked right by the strikers. The Movement’s act of defiance—the workers in striking, and the students in walking out and supporting the striking workers—quickly turned into an alienating experience. Ironically, students and workers were disempowered by an action that should have been empowering. Those on the picket lines chanted, over and over again, that the University of California is ‘Our University!’ But those words rang hollow; indeed, it was as if the striking students and workers were foreigners in a hostile land—the disconnect between Us and Them could not have been stronger. ‘Whose University?’ The chant was not rhetorical—the University certainly did not belong to students or workers.

"as more people joined the march and joined the destruction of capital"

Berkeley, CA – In Sproul Plaza of UC Berkeley, hundreds gathered for a dance party that began around 10pm on Thursday, February 25. At the peak of the party (around 12am) the 250 people dancing surrounded the loudspeakers as together they moved farther into campus. As we approached Durant Hall, a building currently being renovated, people began handing out communiques. We began to see a yellow light glow from inside the second story windows of the building, and then silhouettes of dozens of occupiers emerged. They rigged a few banners across the front of the building and descended to join the party.

Read more.

A Letter to the UC Berkeley Community Concerning Ongoing Prosecutions of Student Activists

Reprinted from a Facebook post.

We're writing to let you know about some disturbing actions the Office of Student Conduct at UC Berkeley has recently taken in prosecuting approximately one hundred student activists, including ourselves. Those facing prosecutions are alleged to have participated in at least one of three non-violent actions that occurred on campus last fall, including the reclamation of Wheeler Hall on November 20th. For our participation in this event, we are being charged with violating a number of regulations from the University Code of Conduct, the most serious being 321c, Physical Abuse. This regulation reads in full:

"No person on University property or at official University functions may engage in physical abuse including but not limited to sexual assault, sex offenses, and other physical assault; threats of violence; or other conduct that threatens the health or safety of any person."

Berkeley Law Students Publish Op-Ed

A Jan. 13, 2010, Student Conduct panel upheld an “interim suspension” placed on UC Berkeley Junior Angela Miller, a student activist who is accused of violating the Code of Student Conduct for participating in a demonstration on Dec. 11, 2009. The panel’s suspension banned Ms. Miller from campus property, ordered her not to communicate with any faculty or student, and evicted her from off-campus housing.

Read More.

UC Berkeley's witch hunt

Berkeley Law Lecturer Stephen Rosenbaum is representing two students charged with violating UCB rules.

UC Berkeley law lecturer discusses the Office of Student Conduct from Josh Wolf on Vimeo.

Angela Miller was thrown in jail and held on more than $100,000 bail after she was arrested from a crowd gathered outside UC Berkeley Chancellor Robert Birgeneau’s home. But even after the DA dropped all the charges against the eight who were arrested, the university is refusing to allow Miller to return to class.

No one has shown evidence that any of those arrested broke any laws when they joined a march on Dec. 10 that resulted in some property damage to the chancellor’s on-campus house.

Read more.

Legal Support Information for UC Berkeley Students

This email is circulating. The room for the meeting is confirmed to be Boalt 110.

**Important information about legal representation and support for
students facing Office of Student Conduct charges at UC Berkeley from
the 11/18, 11/20, or 12/11 occupations on campus or the demonstration at
the Chancellor's residence on 12/11.**

This email is coming from a group of Boalt Law students that organized
around the UC strikes in Fall 2009. We are continuing to find ways to
support the student struggle and have partnered with a group of Bay Area
attorneys (mostly NLG members) to provide legal support, counsel, and
representation for students facing criminal and academic charges
stemming from participation in the events listed above.

We invite anyone fitting these criteria to join us for a meeting at
Boalt Hall on Tuesday, January 19, 2010 at 7pm. Room TBA. Attorney
client privilege rules require that only students who are facing OSC or
criminal charges from these events can attend. We ask that students not
facing charges not attend so that students can speak freely and
confidentially.

In order to start working with you, we will need a copy of your charge
or letter from Student Conduct indicating that you are under
investigation along with your basic contact information and scheduled
appointment and hearing dates. If you cannot make the meeting, contact
Nathan Shaffer directly (shaffer@berkeley.edu).

This meeting is for anyone facing charges. We can discuss a group
strategy, individual strategies, and other ways that we can offer
support. We will not turn people away and can provide varying levels of
support that correlate to the student's need. This message is not an
open or unlimited offer of representation, but if you are interested
please attend the meeting. We are not charging fees.

Specifically, we are prepared to discuss assisting students with:

1) Representation at pre-hearing OSC meetings.
2) Representation in OSC hearings, insofar as the UC allows.
3) Challenging potentially illegal procedures in the UC academic
discipline process in court.

We are prepared to discuss both individual and collective strategies and
coordinating legal strategy with ongoing campaigns. If you are not
interested in a collective strategy, you are welcome to attend and we
can provide individual support. Therefore, it is important to meet or
contact us as soon as possible if you need assistance.

Thank you,

Nathan Shaffer
shaffer@berkeley.edu
Berkeley Law, 2011

Schwarzenegger Aims to Co-opt “Books, Not Bars!”

Myopia has infected the Governor’s office, and once again, Governor Schwarzenegger has shown that he is full of catchy one-liners and little meaningful substance. In his final State of the State speech, the Governor exclaimed that California should not be the kind of state that spends “more on prison uniforms than caps and gowns.” He proposed a constitutional amendment to shift money from prisons to public colleges and universities and guarantee that at least 10% of the state budget be allocated to UC’s and CSU’s and limit state prison spending to no more than 7% of the budget. Sounds really great, right!?

Read More.

The emptiness of Liberal morality:

Or why non-violence discourse is destructive.

There is a growing commentary critiquing the blind discursive commitment to non-violence that permeates many aspects of on-campus resistance in California. FN1 In the wake of the assaults on Chancellor Birgeneau's on-campus mansion, the hegemony of non-violent discourse was threatened and some insight into where constituent interests lie was provided.

On the one hand, we have an administration committed to violence -- monolithic in its hierarchy and monopolization of force. On the other, is a loose consortium of students, faculty, and workers with some intersecting interests and goals. The former, the administration, has a clear goal: to support the privatization agenda being forced down the student/worker/faculty throat by any means necessary. The latter group has no unified 'plan,' 'goal,' or consensus about what is possible.


Eight Arrested After Attack on Chancellor's House

By Javier Panzar
Daily Californian
Contributing Writer
Saturday, December 12, 2009
Category: News > University > Student Life

Several dozen individuals, some wielding torches, marched on UC Berkeley Chancellor Robert Birgeneau's home on the north side of campus early Saturday morning at about midnight, in what police said was an attack where damage was done to the home and several torches were thrown at police officers responding to the scene.

As three extinguished torches lay on the scene, eight people were arrested--including two UC Berkeley students. One of the six non-students had been arrested Friday morning at the occupation of Wheeler Hall, according to UCPD Lt. Adan Tejada. Those arrested have been charged with rioting, while further charges have yet to be determined for those who attacked police.

Read More.

SF Chronicle Article

PRESS RELEASE FOR IMMEDIATE DISTRIBUTION

PRESS RELEASE FOR IMMEDIATE DISTRIBUTION
UC BERKELEY “OPEN UNIVERSITY” RAIDED BY UC POLICE, 65 ARRESTED

Contact: Elias Martinez (559) 999-4964 and Ianna Owen (570) 977-0487

This morning, on the fifth and final day of a weeklong “Open University” held at UC Berkeley’s Wheeler Hall, University of California Police stormed into the building around 5am, arresting 65 people without provocation, witnesses said.

“People were not given a final warning – police burst in while people were sleeping and immediately started locking doors and arresting people. Many students have papers due today, and finals to take starting tomorrow,” said Elias Martinez, an undergraduate from Political Science. “There had been cops in here all week, they were acting like it was okay. We had no idea.”

Dean Edley to the Faculty:

-------- Original Message --------
Subject: UCOP thoughts on budget crisis, etc.
Date: Wed, 25 Nov 2009 16:14:51 -0800
From: Christopher Edley
To: Faculty Announcement List



Colleagues, I found the attached document from UCOP very useful in that it gathers together in summary form the "message points" and key factoids undergirding the Administration's stance.

The Bricks We Throw at Police Today Will Build the Liberation Schools of Tomorrow

by Three Non-Matriculating Proletarians

“If you’re scared today you'll be scared tomorrow as well and always and so you've got to make a start now right away we must show that in this school we aren't slaves we have to do it so we can do what they're doing in all other schools to show that we're the ones to decide because the school is ours.”

The Unseen, Nanni Balestrini

Days later, voices in unison still ring in our ears. “Who’s university?” At night in bed, we mumble the reply to ourselves in our dreams. “Our university!” And in the midst of building occupations and the festive and fierce skirmishes with the police, concepts like belonging and ownership take the opportunity to assume a wholly new character. Only the village idiot or, the modern equivalent, a bureaucrat in the university administration would think we were screaming about something as suffocating as property rights when last week we announced, “The School is Ours!” When the day erupted, when the escape plan from the drudgery of college life was hatched, it was clear to everyone that the university not only belonged to the students who were forcefully reasserting their claim but also to the faculty, to every professor and TA who wishes they could enliven the mandatory curriculum in their repetitive 101 class, to the service workers who can't wait for their shift to end, and to every other wage-earner on campus ensuring the daily functioning of the school.

Statement in support of the UC Mobilisation

24 November 2009

We the undersigned declare our solidarity with University of California students, workers and staff as they defend, in the face of powerful and aggressive intimidation, the fundamental principles upon which a truly inclusive and egalitarian public-sector education system depends. We affirm their determination to confront university administrators who seem willing to exploit the current financial crisis to introduce disastrous and reactionary 'reforms' (fee-increases, lay-offs, salary cuts) to the UC system. We support their readiness to take direct action in order to block these changes. We recognise that in times of crisis, only assertive collective action – walkouts, boycotts, strikes, occupations... – offers any meaningful prospect of democratic participation. We deplore the recent militarization of the UC campuses, and call on the UC administration to acknowledge rather than discourage the resolution of their students to struggle, against the imperatives of privatization, to protect the future of their university.

Behind the Privatization of the UC, a Riot Squad of Police

This was bound to be a big week in California regardless, as the threat of a 32 percent tuition and fee increase across the University of California system made a crashing entrance into reality with Wednesday’s vote by the UC Board of Regents. Perhaps the Regents and UC President Mark Yudof expected that their diversionary tactics--lament the crisis and direct blame to Sacramento’s budget cuts--would pay off. But this was not to be.

Read More.

Communiqué from an Absent Future: On the Terminus of Student Life

Another from anticapitalprojects.wordpress.com

INTRODUCTION: 7 AGAINST POMPEII

WE LIVE AS A DEAD CIVILIZATION. We can no longer imagine the good life except as a series of spectacles preselected for our bemusement: a shimmering menu of illusions. Both the full-filled life and our own imaginations have been systematically replaced by a set of images more lavish and inhumane than anything we ourselves would conceive, and equally beyond reach. No one believes in such outcomes anymore.

The truth of life after the university is mean and petty competition for resources with our friends and strangers: the hustle for a lower-management position that will last (with luck) for a couple years rifted with anxiety, fear, and increasing exploitation—until the firm crumbles and we mutter about “plan B.” But this is an exact description of university life today; that mean and petty life has already arrived.


Read More.