University of California President Michael V. Drake on Monday ordered the chancellors of all 10 campuses to strictly enforce rules against camping, roadblocks and mask-obscuring protests, amid strong calls to curb the kind of law-breaking protests over the Israel-Hamas war that rocked college campuses last spring.
As students begin returning to school this week, Drake also sent a letter to the UC community stating that the right to protest, exercise free speech and express diverse viewpoints is central to the mission of the university, the birthplace of the Free Speech Movement, he noted. He said the “vast majority” of protests on campus are peaceful and nonviolent, but “some of the activities we saw over the past year were not” and needed to be addressed.
“Clear communication and consistent application of policies and laws are key to achieving the delicate but essential balance between free speech rights and the need to protect the safety of our community and maintain critical University operations,” he wrote.
He told chancellors that the rights to free speech and academic freedom must not “place members of the community in reasonable fear for their personal safety or infringe upon their civil rights.”
Drake’s letters responded to mounting criticism from some regents, faculty, campus security personnel, lawmakers and others who claimed the protests had spiraled out of control and that UC needed to systematically enforce campus rules regarding them. The presidential directive, which allows few, if any, exceptions is unusual in a system that values independent decision-making by campus chancellors. However, Drake said he consulted widely over the summer with regents, campus leaders, faculty, students and others to shape UC’s approach to future protests.
Since the war between Israel and Hamas broke out on October 7, many university campuses across the country have erupted in the largest student demonstrations since the Vietnam War. Supporters of Israel held marches and rallies to condemn Hamas militants for their bloody attack in which some 1,200 people were killed in southern Israel and some 250 Israelis and foreigners were taken hostage.
Supporters of the Palestinians responded with their own protests, camps, graffiti and occupations of buildings to express their outrage at Israel's sustained military assault on Gaza, which has killed more than 40,000 Palestinians, according to the Gaza Health Ministry. They have called on UC to divest from companies that do business with Israel.
The controversy over how university leaders have handled the protests triggered a congressional hearing and the resignations of the presidents of three Ivy League institutions: Harvard, Columbia and the University of Pennsylvania. At UC, chancellors were allowed to handle the protests as they saw fit, and all of them allowed pro-Palestine camps starting in April.
Initially, the UC camps were peaceful gathering places for talks, art projects and other pro-Palestinian solidarity activities.
But they began to attract counterprotesters and, at UCLA, a violent fight. Complaints mounted as Jewish students and others said the tents were impeding university operations and access to roads and buildings. At UCLA, San Diego, Irvine, Santa Cruz and Santa Barbara, chancellors eventually called in law enforcement to dismantle the encampments in controversial operations that prompted intense criticism and no-confidence motions from faculty at UCLA and UC San Diego, both unsuccessful.
A different outcome occurred in Riverside, Berkeley, Davis, Merced and San Francisco, where protesters voluntarily and peacefully dismantled their camps.
Meanwhile, the cost of managing the protests soared to $29 million systemwide, with most of that money spent on outside security and police officers, as well as graffiti cleanup, property repairs, waste removal and pest control.
Lawmakers, unhappy with UC’s handling of the protests, have ordered Drake to develop a “system-wide framework” to ensure consistent enforcement of rules, and are withholding $25 million in state funding until it delivers a report on its efforts by Oct. 1.
UC must notify all students before the start of the fall semester about rules surrounding free speech activities, student codes of conduct, anti-discrimination policies, campus processes for resolving alleged violations and potential consequences, among other requirements. The state report must also include UC’s efforts to consistently enforce policies and laws “that protect the safety and access to educational opportunities and campus spaces and buildings.”
Drake’s letter to chancellors directs them to provide on a webpage or document existing policies that apply to protests and demonstrations before the fall semester begins (this month at UC Berkeley and UC Merced and in September for the others). The information will specifically notify campus members of prohibitions on camping or setting up camps, erecting unauthorized structures, restrictions on free movement, refusing to reveal one’s identity when requested by university staff, and some instances of wearing masks.
State law prohibits the use of masks to conceal identity and avoid recognition while committing a crime, which will be incorporated into all campus rules. UC policy also prohibits the use of masks to intimidate others. But masks will be allowed to protect health or during peaceful demonstrations and authorized protest gatherings, a UC official said. Some supporters of Palestine cover their faces to avoid being threatened or having personal information revealed.
If policies are violated during protests, Drake said chancellors should continue to use UC’s progression of actions known as “tiered responses.” People must first be informed of a violation and given a chance to change their behavior. If they don’t, they are warned of the consequences. After that, UC police or the campus fire marshal will assess the situation and issue an unlawful assembly notice if appropriate. Those who refuse to change their behavior can be cited for breaking university rules or cited, detained or arrested by police.
However, the letter to foreign ministers said that these guidelines “are not a rigid prescription that covers all situations” and do not dictate a specific time frame. That leaves foreign ministers some discretion over how far and how quickly they should crack down on violations.
Drake said all UC members cited for violations must go through the campus disciplinary process, rejecting appeals for amnesty from some protesters and their allies. Disciplinary measures for students include warnings, probation, restitution, suspension or dismissal. Staff and faculty are subject to written censure, demotion, suspension without pay and dismissal, among other sanctions.
“Our ultimate goal is for all members of our community to feel supported in their ability to express themselves and to conduct their studies, research, patient care, and other work on our campuses,” Drake wrote to the UC community. “We also want members of our community to understand what is expected of them, including a clear understanding of the principles, policies, and laws that govern our behavior on campus.”
