University of California President Michael V. Drake on Monday ordered chancellors at all 10 campuses to strictly enforce rules against encampments, street-blocking protests and the use of face masks that shield identities, amid fierce calls to curb the type of demonstrations against the war between Israel and Hamas that rocked universities last spring.
As students begin returning to school this week, Drake also sent a letter to the UC community saying the right to protest, exercise free speech and express diverse viewpoints is fundamental 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 that “some of the activity we’ve seen over the past year has not been” and needs to be addressed.
“Clear communication and consistent application of policies and laws are essential to achieving the delicate but essential balance between the right to free expression and the need to protect the safety of our community and maintain critical University operations,” he wrote.
He told the 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 on their civil rights.”
Drake’s letters responded to growing criticism from some regents, faculty, campus security officers, lawmakers and others that the protests had gotten out of control and that UC should routinely enforce campus rules. The top-down presidential directive, which allows for few if any exceptions, is unusual in a system that values independent decision-making by its campus chancellors. Drake said, however, that he consulted widely over the summer with regents, campus leaders, faculty, students and others to shape UC’s approach to the upcoming protests.
Since the start of the war between Israel and Hamas on October 7, many university campuses across the country have been the scene of the largest student protests since the Vietnam War. Supporters of Israel have held marches and rallies to condemn Hamas militants for their bloody attack that left about 1,200 dead in southern Israel and took about 250 Israelis and foreign nationals hostage.
Palestinian supporters have responded with their own protests, encampments, graffiti and building takeovers 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 the UC to divest from companies that do business with Israel.
Controversy over how university leaders handled the protests sparked a congressional hearing and the resignation of the presidents of three Ivy League institutions: Harvard, Columbia and the University of Pennsylvania. At UC, chancellors were given the authority to handle the protests as they saw fit, and all allowed pro-Palestinian supporters to set up encampments starting in April.
Initially, the UC encampments were peaceful gathering places for teaching, art projects and other pro-Palestinian solidarity activities.
But they began to attract counterprotesters and, at UCLA, a violent brawl. Complaints grew, with Jewish students and others saying the tents were obstructing university operations and access to streets 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 sparked intense criticism and no-confidence motions from faculty at UCLA and UC San Diego — both unsuccessful.
The outcome was different in Riverside, Berkeley, Davis, Merced and San Francisco, where protesters voluntarily and peacefully dismantled their encampments.
Meanwhile, the cost of managing the protests has soared to $29 million systemwide, with most of that going to law enforcement and outside security personnel, as well as graffiti cleanup, property repairs, trash removal and pest control.
Lawmakers, unhappy with the UC’s handling of the protests, have called on Drake to develop a “systemwide framework” to ensure consistent enforcement of the rules — and are withholding $25 million in state funding until he delivers a report on his efforts by Oct. 1.
The UC must inform all students before the start of the fall term of rules regarding free speech activities, student codes of conduct, nondiscrimination 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 safety and access to educational opportunities and campus spaces and buildings.”
Drake’s letter to chancellors asks them to provide on a webpage or document existing policies that apply to protests and demonstrations before the start of the fall term — this month at UC Berkeley and UC Merced and in September for the others. The information will specifically inform campus members of prohibitions on camping or encampment, building unauthorized structures, restrictions on free movement, refusal to reveal one’s identity when asked by university personnel and certain mask requirements.
State law prohibits wearing a mask to conceal one’s identity to avoid being recognized when committing a crime, which will be incorporated into all campus policies. UC policy also prohibits wearing a mask to intimidate others. But wearing a mask to protect health, or during peaceful assemblies and authorized protest gatherings, will be allowed, a UC official said. Some pro-Palestinian supporters cover their faces to avoid being doxxed or threatened.
If policies are violated during protests, Drake said chancellors should continue to use the UC’s progression of actions known as “tiered responses.” People must first be notified of a violation and given an opportunity to change their behavior. If they don’t, a warning of the consequences is then given. Then, UC police or the campus fire chief will assess the situation and issue a notice of unlawful assembly if warranted. Those who refuse to change their behavior can be cited for violating university rules or summoned, detained or arrested by police.
The letter to the chancellors, however, states that these guidelines do not constitute “a rigid prescription that will cover all situations” and do not set a specific deadline. This leaves the chancellors some leeway in determining to what extent 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 calls 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 termination, among other sanctions.
“Our ultimate goal is for all members of our community to feel supported in their ability to express themselves and pursue their education, research, patient care and other work on our campuses,” Drake wrote to the UC community. “We also want our community members to understand what is expected of them, including a clear understanding of the principles, policies and laws that govern our behavior on campus.”
