Zero tolerance at UC campuses in new order banning encampments, masking, blocking paths (2024)

University of California President Michael V. Drake on Monday directed chancellors of all 10 campuses to strictly enforce rules against encampments, protests that block pathways and masking that shields identities amid sharp calls to better rein in the kind of demonstrations over the Israel-Hamas war that roiled universities in the spring.

As students begin returning to school this week, Drake also sent a letter to the UC community affirming that the right to protest, exercise free speech and voice diverse viewpoints was fundamental to the mission of the university — the birthplace of the Free Speech Movement, he noted. He said the “vast majority” of campus protests 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 rights to free speech and academic freedom must not “place community members in reasonable fear for their personal safety or infringe on their civil rights.”

Drake’s letters responded to rising criticism from some regents, faculty, campus security, legislators and others that the protests had gotten out of control and UC needed to consistently enforce campus rules around them. The top-down presidential directive, which allows for few if any exceptions, is unusual in a system that values the independent decision-making of its campus chancellors. Drake said, however, that he consulted widely over the summer with regents, campus leaders, faculty, students and others in shaping UC’s approach on protests going forward.

Since the Israel-Hamas war broke out Oct. 7, many college campuses across the nation have exploded in the largest student demonstrations since the Vietnam War. Supporters of Israel held marches and rallies to condemn Hamas militants for their bloody attack that killed about 1,200 in southern Israel and took about 250 Israelis and foreign nationals hostage.

Backers of Palestinians countered with their own protests, encampments, graffiti and building takeovers to voice their outrage over Israel’s sustained military assault on Gaza, which has killed more than 40,000 Palestinians, according to the Gaza Health Ministry. They have called for UC to divest from companies that do business with Israel.

Controversy over how college 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 authorized to handle the protests as they saw fit and all of them allowed pro-Palestinian supporters to put up encampments beginning in April.

Initially, the UC encampments were peaceful gathering spots for teach-ins, art projects and other pro-Palestinian solidarity activities.

But they began attracting counterprotesters — and, at UCLA, a violent melee. Complaints rose as Jewish students and others said the tents were impeding university operations and access to pathways and buildings. At UCLA, San Diego,Santa Cruz and Santa Barbara, chancellors eventually called in law enforcement to take down the encampments in controversial operations that sparked intense criticism and faculty motions for votes of no confidence at UCLA and UC San Diego — both unsuccessful. At UC Irvine, campus police called for outside backup after protesters took over a lecture hall, then law enforcement dismantled the encampment.

A different outcome played out at Riverside, Berkeley, Davis, Merced and San Francisco, where protesters voluntarily and peacefully took down their encampments.

Meanwhile, the cost of protest management spiraled to $29 million across the system, with most of that spent on outside law enforcement and security officers along with graffiti cleanup, property repairs, waste removal and pest control.

Lawmakers, unhappy with UC’s handling of protests, have directed Drake to develop a “systemwide framework” to provide consistent enforcement of rules — and are withholding $25 million in state funding until he delivers a report on his efforts by Oct. 1.

The UC must notify all students by the beginning of fall term about rules around free speech activities, student codes of conduct, nondiscrimination policies, campus processes to resolve alleged violations and potential consequences, among other requirements. The state report must also include UC 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 instructs them to provide on a web page or document existing policies that apply to protests and demonstrations before fall term begins — this month at UC Berkeley and UC Merced and in September for the others. The information will specifically notify campus members about bans on camping or encampments, erecting unauthorized structures, restrictions on free movement, refusal to reveal one’s identity when asked to do so by university staff and some masking.

State law bars wearing face coverings to conceal identity to avoid recognition while committing a crime, which will be incorporated into all campus rules. UC policy also bars masks worn to intimidate others. But masking to protect health, or worn during peaceful rallies and authorized protest gatherings, will be allowed, a UC official said. Some pro-Palestinian supporters mask their faces to avoid being doxxed, or threatened.

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 about a violation and given a chance to change their behavior. If they don’t, a warning of consequences is next. After that, UC police or the campus fire marshal will assess the situation and issue a notice of an unlawful assembly if warranted. Those who refuse to change their conduct may be cited for breaking university rules or cited, detained or arrested by police.

The letter to chancellors, however, said those guidelines are “not a rigid prescription that will capture all situations” and doesn’t dictate a specific time frame. That leaves chancellors some discretion over how far and fast to crack down on violations.

Drake said all UC members cited for violations must go through the campus disciplinary process — rejecting appeals for amnesty by 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 of our community members to feel supported in their ability to express themselves and to pursue their studies, research, patient care and other work on our campuses,” Drake wrote to the UC community. “We also want our community members to understand what’s expected of them, including a clear understanding of the principles, policies and laws that govern our behavior on campus.”