An Academic Senate meeting at UC Santa Cruz on April 23rd turned into a heated forum to criticize Chancellor Blumenthal’s hesitancy in changing the student judicial proceedings. Various faculty members voiced concerns about the current judicial proceedings relating to the three day protest at Kerr Hall in November 2009, saying they violate students’ right to due process and also have a chilling effect on political protests.

In a press conference before the Academic Senate meeting, Professor Robert Miester addressed the issue of vicarious liability, a legal principle where one person can be held accountable for a group's actions. "[It's] permissible public policy, " Miester said, "to ‘chill’ a party." This is in reference to section 101.10 of the Student Policies and Regulations handbook that gives the administration jurisdiction in off-campus events. Miester continued, "The entire point of the 1st amendment is to distinguish the difference from a political demonstration and a fraternity party."

The administration is applying the principle of vicarious liability in holding 35 people accountable for the Kerr Hall damage. Only 45 of the 75 students who remained at the end of the occupation received summonses. The head count during the final minutes of the occupation does not reflect the hundreds that may have passed through the building at some point during the weekend, none of whom were summoned.

The evidence presented to the 35 students being held accountable for nearly $35,000 worth of damage is extremely circumstantial. In a recent student survey 84% of respondents agreed that specific material evidence is needed to hold students accountable to specific acts of property damage. Only 6% disagreed.

Read more | ACLU Raises Constitutional Concerns Regarding UCSC Judicial Process | Letter to UCSC Chancellor George Blumenthal: Violations of Student Journalists Rights | UCSC Faculty Press Conference regarding Kerr Hall Occupation Charges | Over 100 UCSC Faculty Sign Letter Protesting Campus Judiciary Process | Students rally, demand end to UC’s kangaroo court system | Support Requested for UCSC Students, Faculty and Staff | SUA Resolution Against Student Sanctions at UCSC | previous coverage UCSC Students Slapped with Large Fines, Suspensions and an Expulsion