Jewish Students Threatened at UC Davis
January 29, 2013
By Leila Beckwith and Tammi Rossman-Benjamin
As you know, we are faculty members at the University of California, who have been investigating and documenting anti-Jewish bigotry on California public university campuses for the last several years.
We are writing to you now to express our serious concern regarding an incident that occurred during a student protest on November 19, 2012, during which UCD students “occupied” an administration building on campus. We believe that numerous violations of state and federal law and university policy may have occurred at the event. To our knowledge, your administration has neither acknowledged nor addressed these violations.
In addition, it appears that at least 5 university administrators, including the Vice Chancellor of Student Affairs, were present and witnessed much of this behavior, yet they did not take action to ensure the safety of the
students who were targets of possible assault and hate crimes. Please see below for an account of the events as well as the federal and state laws and university policies which were potentially violated as a result of them.
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Violations of Federal, State, and University Policy
We would like to bring to your attention the following aspects of this deeply troubling series of events:
1) We believe that incidents of this sort have the potential to create liability under the following legal authority:
• Civil assault (Restatement 2d, Torts §21) - ”An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with a person, or an imminent apprehension of such a contact, and (b) the other is thereby put in such imminent apprehension.”
• Civil battery (Restatement 2d, Torts §13,18) - ”An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with a person, and (b) harmful or offensive contact with the person directly results.”
• Criminal assault (CA Penal Code 240) - Assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” To be charged with criminal assault, physical contact is not required. A person must simply place another in reasonable fear of immediate bodily harm.
• Criminal battery (CA Penal Code 242) - Battery is ”any willful and unlawful use of force or violence upon the person of another.”
• Disturbing the peace (CA Penal Code 415(3) - It is illegal to “…maliciously and willfully disturb another person by loud and unreasonable noise…[and to] use offensive words in a public place which are inherently likely to provoke an immediate violent reaction.” In other words, it is illegal to use “offensive words” that “necessarily invite a breach of the peace.”
• CA Civil Code 51.7 “The Ralph Civil Rights Act” - ”All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics.”
• CA Civil Code 52.1 “The Bane Civil Rights Act” - ”If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured.”
• CA Penal Code 422.6 - “No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim.”
• Title VI of the 1964 Civil Rights Act – Prohibits discrimination on the grounds of race, color, or national origin in programs or activities receiving Federal financial assistance.
2) We believe the protestersÂ’ behavior may have violated the following UC Davis policies and principles:
• UC Standards of Conduct for Students 102.06 - prohibiting the “unauthorized possession…of any University properties.”
• UC Standards of Conduct for Students 102.08 - prohibiting “physical assault, including threats of violence, or other conduct that threatens the health or safety of a person.”
• UC Standards of Conduct for Students 102.09 - prohibiting racial and other forms of harassment, defined as “conduct that is so severe…objectively offensive, and so substantially impairs a person’s access to University programs or activities, that the person is effectively denied equal access to the University’s resources and opportunities on the basis of his or her race…national or ethnic origin, alienage, religion…or perceived membership in any of these classifications.”
• UC Policies Applying to Campus Activities, Organizations and Students (PACAOS) Section 30 - “The University is committed to assuring that all persons may exercise the constitutionally protected rights of free expression, speech, assembly, and worship…It is the responsibility of the Chancellor to assure an ongoing opportunity for the expression of a variety of viewpoints.”
• UC Davis Policies and Procedures Manual Ch. 270 Section 05(C) - “The University prohibits illegal, arbitrary, or unreasonable discriminatory practices. Campus organizations receiving University privileges, assistance, or supervision must abide by the University’s policy on nondiscrimination to qualify for any University privileges or assistance.”
• UC Davis Policies and Procedures Manual Ch. 270 Section 20 - Public expression in the form of freedom of speech and advocacy may be exercised on University properties at such times and places and in such a manner as is compatible with the use of the property and as follows: 1) Assures orderly conduct; 2) Avoids disruption or interference with University operations; 3) Allows for the free flow of persons and traffic; 4) Avoids disruption or interference with the ability of the University to carry out its responsibilities as an educational institution; 5) Protects the rights of all individuals who use University properties; 6) Protects persons against practices that would make them involuntary audiences; 7) Assures the safety of all members of the University community; 8) Does not interfere with property entrances or exits.
• UC Davis Student Judicial Affairs Statement on Free Expression - “Efforts to quell unpopular opinions (e.g., by shouting down a speaker) stifle discourse and cut off dialogue…Even legal acts of intolerance and incivility erode our capacity to trust, and to work, live, and learn together…We can uphold both the need for respect and understanding and the right of free speech by responding appropriately to each incident. Crimes must be investigated and prosecuted to the fullest extent, and infringement of civil rights must be addressed by campus administrative processes and/or state or federal agencies. Discriminatory acts or violations of campus conduct standards, including disruption, are subject to disciplinary sanctions or grievances.”
• UC Davis Principles of Community - “strives to maintain a climate of justice marked by respect for each other….affirms the right of freedom of expression…and commitment to the highest standards of civility and decency towards all…recognizing the right of every individual to think and speak as dictated by personal belief, to express any idea, and to disagree with or counter another’s point of view… promoting open expression of our individuality and our diversity within the bounds of courtesy, sensitivity and respect.” In addition UC Davis vows to “confront and reject all manifestations of discrimination, including those based on race, ethnicity…religious or political beliefs, status…or any of the other differences among people which have been excuses for misunderstanding, dissension or hatred…striving to build a true community based on mutual respect and caring.”
3) We believe the UCD administrators and staff members who witnessed the illegal and unethical behavior of the protestors but did not take action may have been negligent in carrying out their administrative responsibilities:
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Jewish Students Threatened at UC Davis