Letter of Support from the Asian American Studies Faculty

Dear Chancellor Katehi and Provost Hexter,

The faculty of the Department of Asian American Studies is deeply troubled by the criminal charges filed against the Davis Dozen, who include eleven students and one faculty member, for their sit-in at US Bank. This action, taken at great risk by the students and our colleague, was not only a fight for the rights of students, but serves as an effective protest against the intensified privatization of public higher education.

The Davis Dozen are not guilty of the excessive charges placed against them. We ask you to request District Attorney Jeff W. Reisig to drop all charges against the Davis Dozen. The charges and plea bargain offered by the District Attorney are unjust. By alerting us to the terms of the contract with US Bank, the Davis Dozen has exposed the Administration’s complicity in going against the public mission of our university and all that it stands for. Having student ID cards serve simultaneously as US Bank debit cards highlights not only a conflict of interest, but also a collusion, in which UC Davis serves as both marketing tool and profit-making machine that does not serve the students’ best interests.

The bank sit-in occurs in light of years of protests against the increase in tuition fees and the neoliberalization of the public university. While the Administration turns a deaf ear to these appeals, the budget cuts and increased tuition fees have greatly impacted all students who attend UC Davis, including many of our students who major in Asian American studies. A number of our own students have had to drop out of school due to their inability to pay the increased tuition and some are forced to take two or three low-wage jobs or take on exorbitant student debt.

As an ethnic studies department inspired by student protest movements and built on the legacy of civil disobedience, we are disturbed that the Administration is not only regulating student dissent through policy and force, but also criminalizing protesters in ways that are contrary to what you call part of the “learning process” (Letter to UC Davis Community dated April 27, 2012). In our classes, civil disobedience is seen as a continuum in which students from an earlier era who challenged racial segregation, were, in fact, breaking the law. The Administration’s actions are having a chilling effect on our students in which many are increasingly anxious about the consequences of participating in any kind of political protest activity on campus and fear that they, too, will face criminal charges, or eleven years in prison, if they were to engage in public protest. Our students are not criminals; they are simply demanding the right to an affordable and accessible higher education, one not segregated by class or race.

Part of the public mission of the university is to create and maintain a space for freedom of expression and spirited debate. However, the Administration’s actions speak louder than the words expressed in recent letters and memos to the Davis community. Last November, campus police used brutal force against peaceful student protesters, provoking national and international outrage. Now, the Administration is using the equivalent of legal pepper spray to repress and contain student and faculty protestors: a retroactive move that is neither transparent nor public. The Administration’s attempts at claiming to protect freedom of expression while in actuality repressing freedom of political speech and protest is a form of doublespeak; analogous to the policies and task force reports regarding multiculturalism and racism. The student protesters are not fooled by this and, we would like to note, neither are we.

As scholars working in a field that offers students critical skills to challenge the status quo, in which civil disobedience is one strategic mode of action in the struggle for racial, economic, and social justice, we declare our solidarity with the Davis Dozen. We will continue to encourage our students to not only support the Davis Dozen, but also to engage in critical analysis, public discussion, and agitation until access to higher public education can be an equal opportunity for everyone. We are also planning to establish a legal defense fund to assist and support student protestors with their legal expenses in defense of their civil rights. We hope that the Administration will join us in these pursuits, beginning with a public demand that the DA office drop all charges against the Davis Dozen.

Sincerely,

Nolan Zane, Chair and Professor

Darrell Hamamoto, Professor

Wendy Ho, Associate Professor

Richard Kim, Associate Professor

Sunaina Maira, Professor

Susette Min, Associate Professor

Robyn Rodriguez, Associate Professor

Sarita Echavez See, Associate Professor

Caroline Kieu Linh Valverde, Assistant Professor

Isao Fujimoto, Emeritus

[original pdf]

Poet Joshua Clover and 11 Students May Face Prison Time and $1 Million in Damages for Shutdown of US Bank

If you haven’t heard: The administration of UC Davis is holding poet and professor Joshua Clover and 11 students accountable for their alleged role in protests that led to the shutdown of a campus US Bank. “District Attorney Jeff Reisig is charging campus protesters with 20 counts each of obstructing movement in a public place, and one count of conspiracy. If convicted, the protesters could face up to 11 years each in prison, and $1 million in damages.” According to the Davis Dozen press release:

The charges were brought at the request of the UC Davis administration, which had recently received a termination letter from US Bank holding the university responsible for all costs, claiming they were “constructively evicted” because the university had not responded by arresting the “illegal gathering.” Protesters point out that the charges against them serve to position the university favorably in a potential litigation with US Bank.

From Alternet:

[I]t seems that the University administration has successfully evaded scrutiny of the role it played in a series of events that began in January at UC Davis when 12 protesters, some of whom had been pepper-sprayed in November, staged another peaceful sit-in at the campus branch of US Bank. The sit-in was an important political action in defense of public funding of the University and against the replacement of that funding by private contracts with corporations. The protestors won an enormous victory when US Bank closed it University branch on February 28, possibly breaking its agreement with UC Davis…

The protestors’ success in this fight against the privatization agenda of the University should be cause for celebration; however, on March 29, nearly a month after the bank pulled out of UC Davis, the 11 students and 1 professor involved in the sit-in received orders to appear at Yolo County Superior Court…

Unfortunately, this time around there is no graphic youtube video that could potentially go viral and capture the psychological and financial stress the protesters are under as they face the possibility of having to leave school and, even worse, say goodbye to friends, family, partners and children as they go off to serve time in the California penal system. There is no video to elicit gasps of horror at the threat of a lifetime of financial ruin that the protesters face. There is no video to show the unremitting repression of their democratic right to freedom of assembly and political protest.

A petition is circulating that demands UC Davis drop all charges. A fellow Davis student, Mela Heestand, writes:

The pepper spraying of UC Davis students shocked the nation, but the persecution that the Davis Dozen protesters face is far worse. It is life-altering for them.

 We cannot allow the story of the Davis Dozen to fall through the cracks, even though it might not strike a chord as immediately visceral as the now infamous video of Lieutenant Pike attacking students with a chemical agent. Let us reflect on the tragic irony that the state funding that should be allocated to aiding the intellectual growth and development of the 11 students involved in the sit-in might be funneled towards their incarceration. The modest salary that is paid to a professor, committed enough to advocate for public education might be replaced by state money to keep this highly gifted professional locked up.

And indeed, if we look at where the state money paid by the people of California for services to foster the common good, we can plainly see that this scenario is a sinister microcosm. In 2011, the UC and CSU systems account for $5.6 billion of state funding, while the prisons are receiving $9.6 billion dollars from the state. The state spends about $50,000 per inmate each year. We cannot look the other way and allow the boot of the penal system to fall on these protesters, while corrupt University administrators secure the way to enrich the 1% on California’s dime with impunity and at the expense of public education. We must immediately demand that all charges be dropped against the Davis Dozen.

Their arraignment originally set for April 27th has been postponed until May 10th, according to the California Aggie. You can also find out more on the Davis Dozen website. Read the FAQs about the case here. And more as we know!

UC Report Urges “Incremental” Response to Protests

“Deanna Johnson, an Occupy UC Davis protester, noted in an email that its authors spoke with just five UCD students during a series of meetings with representatives from the campuses.

“‘The Robinson-Edley report constitutes a call for a less-visible, but equally ruthless, form of suppression of campus dissent…,’ she wrote. ‘It recommends more administration, more personnel and time devoted to monitoring protesters and more on-campus policing—more training in ‘hands-on’ pain techniques, less reliance on outside agencies, etc.

“‘So, in the wake of the police violence caused by the UC administration’s efforts to suppress resistance to its ongoing privatization plan, and in the wake of the blinding administrative incompetence shown in the Reynoso (task force) report (on the UCD pepper-spraying), we are to see more policing and more administration.

“‘That is to say: this report calls for the UC police force to be brought under increasingly strict control by an obviously out-of-control administration.’

[full article (Davis Enterprise)]

UCD Sues U.S. Bank for Closing over Protests

“UCD spokeswoman Claudia Morain said the university is seeking lost revenue in Yolo Superior Court because the bank threatened legal action of its own.

“‘We did it reluctantly after several months of trying to resolve it and avoid litigation,’ she said.”

This is what happens in a privatized university: the obligation to capital legally outweighs all other obligations.

“U.S. Bank is seeking $1 million in restitution from the protesters.

“Cabral would be obligated under law to present the request for restitution from the bank or account holders listed as victims. On Friday, he said he had not yet heard back from the bank about its wishes.”

Investment bankers break the law and walk off with billions in government subsidies, but when a community successfully makes a stand against unjust profits, we find that unjust profits seem to be guaranteed by law, fully enforced by the DA and the University.

[full article (Davis Enterprise)]

Reflections from UC Davis: On Academic Freedom and Campus Militarization

ucpd_lieutenant_john_pike_terrorizing_innocents.jpg  

The following article by Joshua Clover was just published in College Literature: A Journal of Critical Literary Studies. A PDF of the article is available here. We recommend reading it next to the latest piece from Nathan Brown, “Administrative Totalitarianism at the UC and the Necessity of Direct Action by Faculty.”

The autumn of 2011 offered extraordinary images of police brutality against students (and not students alone) on University of California campuses. Two stand out, both seemingly following on from the national Occupy movement. On November 9, students attempting to ‘occupy’ a grassy area at the edge of Berkeley’s famed Sproul Plaza, next to the Mario Savio Steps, were batoned by riot police summoned to campus by Chancellor Robert Birgeneau, first during the day, and then again that night when Occupy Cal returned. In no small part because a couple of professors were among the beaten, the event became a national news story. This would pale in comparison to events on the Davis campus nine days later, when a low-key tent occupation on the quad — Occupy UC Davis — was broken up by riot police summoned by Chancellor Linda Katehi from three jurisdictions. The images of one corpulent and distressingly nonchalant officer disbursing military-grade pepper spray to the faces of a couple dozen seated students would swiftly become one of the iconic images of the year, not just for the campus or the university but globally.

In train, there has been considerable discussion of removing the Chancellors who either authorized such actions or were too incapable to command the situation adequately. There has also been a perhaps more consequential debate around the presence of police on college campuses, regarding either their presence per se (for those familiar with the internationally and historically common situation of police-free universities), or in terms of their increasingly militarized form. And these changes in campus dynamics — toward the heavy hand bearing advanced weaponry — have prompted concerns about the implications for the intellectual and academic pursuits of the university, and what we might expect to develop from here.

I want to argue as directly as possible that grasping this new security regime as primarily pertinent to campus intellectual climate is misguided. While this line of inquiry is no trivial matter, it confuses and obscures core issues.

The confusion comes from two entangled commonplaces regarding these dramatic events (and others like them in kind, if not in media saturation). The first is the assumption that we can identify in each case a two-part sequence of cause and effect, in which students protest and police overreact disastrously. The second (with evident implications for the question of academic freedom tout court), is that this to-and-fro is to be conceived exclusively as a freedom of speech issue.

These assumptions form a unity. In this understanding, students first protest, as students are wont to do. The question arises as to the limits of protest, and to what extent certain actions — in this case, politicized camping — count as protected speech. ‘Time, place, and manner’ provisions are invoked; the police are summoned, heavy with tools. Orders to disperse are given, no dispersal is forthcoming, and then the intolerable thing happens, and everyone scrambles to understand and manage the aftermath.

There can be no doubt that these ‘overreactions’ are judiciously calculated to produce a chilling effect on student struggle. As with the endless nuisance charges levied against student (and other) organizers, they are designed to exhaust resources, both inner and material. And further there can be no doubt that this chilling effect spills over to the entire campus. In this sense it is certainly reasonable to consider the implications of these actions for free thought and intellectual exploration.

But there are also good reasons — better reasons, I believe — not to shift the debate onto the terrain of thought, ideas, expression, and so forth. It has suited all sides to allow that this drama revolves around First Amendment issues. Under considerable internal and external pressure, both Chancellors conceded that in these cases, the riot police may indeed have curtailed what really should be protected rights of speech and assembly. Katehi insisted (twice; she is in the habit of using the same formulaic language in multiple press releases) that: “Our campus is committed to providing a safe environment for all to learn freely and practice their civil rights of freedom of speech and expression” (2011a, 2011b); her counterpart at Berkeley, Chancellor Birgeneau, extolled the same virtues. Meanwhile, students did not hesitate to pillory both administrations for having failed the Bill of Rights, while dismayed if still-timorous faculty demanded that Birgeneau “respect freedom of speech and assembly on the Berkeley campus” (UC Berkeley Academic Senate 2011).

The fantasy at play here is that what has gone wrong somehow concerns the excessive assertion of First Amendment rights by students, or conversely, the excessive limiting of same by the administration. The logical remedy is inevitably discovered to be a rebalancing of these matters, extending adequate protections to ‘protest’ and ‘expression’ as abstract ends in and of themselves.

The underlying reality is radically different. What must first be recognized is that in neither case did we see the abstract two-part motion, protest/repression. The unity of each event is considerably more concrete: administrations must deploy force to implement austerity policies. The initiating acts were not student protests but university policies designed to assure that the costs of running an educational system increasingly devolve to students, who are at once ever more compelled to pursue higher education for competitive advantage in a forbidding employment landscape, and concomitantly less able to afford the same without increased debt and workloads.

This misrecognition of the sequence of substantive events is compounded by another, whereby the campus protests are presented as arising from the charisma of Occupy Wall Street and the ensuing national movement over the course of the preceding months. As the Occupy movement has not made a significant issue of education, and as students (especially at purportedly elite or top-tier universities) are often thought to be cushioned at least temporarily from the buffets of the economy (especially the employment market), the inference is frequently drawn that the campus variants of Occupy are lacking real content of their own, and are thus reducible to protest for the sake of protest.

What is forgotten is that the Occupy movement, doubtless inspired by 2010’s ‘Arab Spring’ and Europe’s ‘Movement of the Squares,’ has its local roots in recent US campus organizing, specifically the anti-privatization campaigns of 2009-2010 on UC campuses. They have been ongoing if uneven, and characterized throughout by police violence. The shock over recent events at Berkeley and Davis this November must be taken with a grain of salt. After all, only two Novembers before, both Chancellors called riot police from multiple jurisdictions onto the same campuses to break up anti-privatization occupations. Both times, the police attacked non-violent protestors, and lawsuits are still pending. In short, we are looking at a clearly defined confrontation that has been in progress for some time, on the concrete terrain of economic crisis — not a timeless confrontation between academic freedom and policing, on the abstract terrain of rights.

So we might say that a mistaken assessment of the sequence of events, both this November and over the last few years, allows for a misrecognition of the fundamental issue.This seems perhaps a neutral slippage; aren’t rights good for everyone? However, this reflexive motion — in which future political organizing and action turns on itself to address the formal conditions of previous actions rather than the preceding causes — in actuality serves the university administration admirably by displacing the debate into the arena of form rather than content. The administration can offer a remedy, with tonalities of magnanimous self-correction: they can promise to be more thoughtful and diligent about respecting the right to protest, and thus seem to slip out of their position in the struggle, that is, as enthusiastic co-authors of the privatization process. They themselves turn to become a context, not a class antagonist.

This is indeed precisely what has happened. One suspects there will be some payouts to injured students, and that a cop or two will be pastured. And the matter will be tentatively resolved, despite the economic content remaining entirely unaddressed; thus, the administration wins by ‘losing.’

One can see that this movement has become a substantial quagmire for the professoriat within this political cycle: what is sometimes called ‘the articulation trap.’ It is a double truism of the faculty member’s position, especially the professor’s, that she is not identified clearly with either side of the current struggle between the economic interests of students and administrators; at the same time, her job’s basic supposition (especially in the humanities) is that position-taking is itself an action. These two factors supply a powerful if implicit determination toward intervening not by entering into the content of this struggle, but by offering, at a remove, often-eloquent assessments that tend toward seemingly neutral ethical (or pseudo-ethical) categories like rights and freedoms. I fear we professors are quite often guilty of looking for our car-keys under the streetlight — that is, participating in this particular antagonism in the ways we are best equipped for, rather than in the ways that the conditions and goals demand.

In thinking about campus militarization, UCSC professor Bob Meister provides an extraordinarily useful account of the relation between campus securitization and securitization of university economies, as they have recently developed. In his talk on “Debt, Democracy, and the Public University,” he sets forth the cruel historical developments through which William Bratton was retained to lead the investigation into the pepper spray incident, and what it reveals about “the link between the privatization of public universities, the financial services industry and the national security industry” (Meister 2011). Meister observes that:

Since 9/11 the US defense industry of the Cold War has morphed from being mainly in the military hardware business into a new role as global provider of security services that enables government and corporations throughout the world to outsource intelligence, policing, background checks, construction of secure sites and various operations that may need to be deniable — as well as the public relations efforts necessary to support such deniability.

Most Americans do not know that there is a huge domestic market for services provided by the defense industry….The fastest growing market for the defense and security services industry is in the area of local government and public agencies that feel threatened by political protests, such as the Occupy movement, and that have reporting and other obligations under the Patriot Act. Former LA Police Chief William Bratton was hired to build this market for Kroll Security by its parent company, Altegrity, a defense contractor that is itself now owned by a private equity firm that also invests in both for-profit higher education and financial services (Meister 2011).

While the specifics of such connections inevitably vary from place to place and situation to situation, the systemic logic is plain enough. Heightened campus security is inextricably linked to heightened campus securitization in its two main forms: the decision of universities to pursue a certain line of investment strategies which move money away from educational services and into capital projects; and the corresponding decision to cover those educational costs by shifting burdens to students at a rate which can only be financed though student loans, concomitantly providing profitable investment for banks laden with otherwise fallow capital. The rise in tuition and indebtedness within the context of economic crisis simply is the militarization of campus; they are one and the same.

It is impossible to conclude other than this: even if one does adhere to the belief that the matters of intellectual freedom, free speech, and free assembly are fundamental to this unfolding political economic sequence, the place where such things will be arbitrated is not on their own terrain — the terrain of formal rights — but elsewhere. The necessary arena in which such rights might be protected presently and for the longer durée is the arena of direct antagonism between, on the one side, those fighting against backdoor privatization and austerity programs on campus, and on the other, those who implement and enforce them. This is not a rhetorical struggle, and moreover, the retreat into the sphere of articulation risks affirming the misrecognition of the struggle’s character. Such formal rights are far less an enabling condition for this struggle than an outcome of its material content.

Professors: stand with your students, literally. It is the best thing to be done for academic freedom; it is the least you can do for them.

[full article (College Literature via reclaim UC)]

An Update on the Sproul 13

Proof that all this calling and writing can actually work! Our Berkeley counterparts have been mostly successful, but charges remain on one demonstrator who is being singled out for extra-special repressive treatment.

“Good news! Our campaign of putting pressure on DA Nancy O’Malley and Chancellor Birgeneau has been very successful, and we thank everyone for their efforts. The DA has dismissed charges against 11 of the 13 people charged for the events of Nov. 9 and has informed a twelfth that her charges will be dropped on her next court appearance, May 4. But the DA’s office has not made any commitments to drop the charges against the final protester, Jasper Bernes, even though they admit that Chancellor Birgeneau (in response to our pressure) has withdrawn his support for criminal charges. Jasper is scheduled for a pretrial on May 9, the six-month anniversary of the police violence on Nov. 9. It is a fitting date to bring this whole affair to a close.

“We need to keep up the pressure and assure that this last charge is dropped. Please call or write the DA between now and Jasper’s pretrial.

“District Attorney Nancy O’Malley’s phone #: 510.272.6222; (510) 268-7500; email: askwwm-da@acgov.org

“Chancellor Birgeneau’s phone #: 510-642-7464; email: chancellor@berkeley.edu”

[original (UC Chilling Effects)]

Administrative Totalitarianism at the UC and the Necessity of Direct Action by Faculty

“That is: The UC administration decides by pure fiat which kinds of protests it will “allow” on UC campuses, and when it decides it finds one unacceptable, it deploys a militarized police force against the protesters involved without any regard for the law. This is a description of an extra-legal regime, repressing political action in a totalitarian fashion.

“Well, this is a disturbing situation. Or it should be. Since the situation has been clear for two years, and since it is now officially confirmed, the question is: what do we intend to do about it?”

[full article (Occupy Everywhere)]

UC Davis Students and Faculty Face Prison Time for Peaceful Protest against Bank

“Unfortunately, this time around there is no graphic youtube video that could potentially go viral and capture the psychological and financial stress the protesters are under as they face the possibility of having to leave school and, even worse, say goodbye to friends, family, partners and children as they go off to serve time in the California penal system. There is no video to elicit gasps of horror at the threat of a lifetime of financial ruin that the protesters face. There is no video to show the unremitting repression of their democratic right to freedom of assembly and political protest. 



“There is no video to capture the machinations of the UC Davis administration, under the direction of Chancellor Linda Katehi, who appears to be seeking retribution for the pending ACLU lawsuit against the university for the pepper spray incident. Whereas no charges were filed against the protestors after the pepper spray incident, the District Attorney is now quite willing to prosecute the 12 demonstrators charged with ‘obstructing movement in a public place’.

“Obstructing movement in a public place? That sounds a whole lot like an ad hoc law designed to silence dissent. And what better time for the UC Davis Administration to subject protesters to an absurd version of the law than when nobody is watching? If the world were watching, surely we would ask why these peaceful protesters could be sentenced to 11 years in prison, which, for the sake of comparison, is the maximum penalty for voluntary manslaughter in the state of California. It bears repeating: students and faculty who put their educations, careers, families as well as their own bodies on the line to defend the accessibility of public education for all, now stand to serve the same sentence as a felon who has killed another human being.”

[full article (AlterNet)]