Rally Monday 12 noon, Sproul Plaza: Drop the Charges on Divestment Protestors

Press Conference and Rally Regarding Student Conduct Charges Against Pro-Palestinian Student Activists at UC-Berkeley

BERKELEY, CA- Press Conference 11:30 AM and Rally 12:00 PM, Sproul Plaza, UC Berkeley, Monday September 30, 2002, regarding student conduct hearings of 41 pro-Palestinian student activists at UC-Berkeley faced with the threat of suspension for allegations of disrupting the academic mission of the university.

On April 9th 2002, students, faculty, staff, and community members came together at UC Berkeley to peacefully address their concerns regarding the University?s financial investments in Israel. The demonstrators gathered for a symbolic occupation of Wheeler Hall. During this peaceful, non-violent sit-in 79 activists were arrested and charged with trespassing, of which 41 were students. Additionally, six were charged with resisting arrest and UC Police Officers singled out one student on allegations of assault and battery. The previous day, the Chancellor had announced the zero-tolerance policy, an unprecedented change in policy towards non-violent civil disobedience

On June 7, 2002 the Superior Court of Alameda County dismissed all criminal charges, and granted each of the demonstrators a "Factual Finding of Innocence," whereby the defendants are deemed innocent of all charges. Such factual findings of innocence express the Court's belief that the peaceful demonstrators were within their lawful right in exercising their freedom of speech and assembly.

Despite the court?s granting of Factual Finding(s) of Innocence, the UC Administration continues to threaten 41 students with severe academic sanctions, including suspension, charging them with trespassing and related non-academic violations of the Student Code of Conduct. They do this despite:

- The fact that all these students were deemed factually innocent by a court of law.

- The thousands of letters to Chancellor Berdhal and the UC administration in support of the rights of SJP, and of all students, to free speech and peaceful protest.

- The Resolutions passed by the ASUC (representing the will of the undergraduate student body), and by the Graduate Assembly (representing the will of the graduate student body) in support of the rights of SJP, and of all students, to free speech and peaceful protest.

- The Faculty Petition, signed by hundreds of professors and educators, which states: We believe that charges against both SJP and the students who were arrested should be dropped. Furthermore, we believe that the Chancellor should rescind his low tolerance policy against student activists, a policy that is designed to chill speech and protest on this campus.

The unprecedented pursuit of these charges come in a climate of increased censorship of dissent across the country and politically motivated targeting of student activism concerning the US/Israel and Palestine conflict. This is exemplified by the recent moratorium at Concordia University on any events pertaining to this conflict and the recent speech by the president of Harvard University equating pro-Palestinian activism to anti-Semitism.

The Chancellor and the administration want to hold a kangaroo court, wherein the law court?s high burden of proof and legal standards designed to protect the rights and liberties of all persons, will not apply to these students. We, students, faculty, staff and community members at UC Berkeley, will not tolerate such a blatant attack on our constitutionally guaranteed civil liberties. If the Chancellor and the administration choose to wrongfully convict these students, demonstrating that silencing dissent is part of their academic mission, they leave us no choice but to do exactly that which they have falsely accused us of: disrupt the academic mission of the University.