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ACLU Calls on CA University to Insure Safety and Tolerance in the Wake of Demonstrations

by Alan Schlosser, Legal Director, ACLU of N Ca
While criminal prosecution may be appropriate if the evidence documents violations of California’s civil rights laws, the criminal justice system cannot create a safe, welcoming and tolerant learning environment at San Francisco State. That must come from the administration, faculty, and, ultimately, the students. It is important that the university take positive action to address ethnic and religious tension on campus.
ACLU Calls on CA University to Insure Safety and Tolerance in the Wake of Student Demonstrations

FOR IMMEDIATE RELEASE
Friday, May 17, 2002

SAN FRANCISCO--The American Civil Liberties Union of Northern California today sent a letter urging San Francisco State University officials “to create an environment conducive to peaceful protest and education” after officials turned over tapes of recent student protests to the District Attorney's office for possible hate crimes violations.

“It is imperative that the university, which has one of the most diverse student bodies in the nation, take positive steps towards creating a safe, welcoming and tolerant learning environment at San Francisco State,” said Alan Schlosser, Legal Director of the ACLU of Northern California.

According to news accounts, two May 7 demonstrations expressing opposing views on the Middle Eastern crisis apparently degenerated into name-calling and physical intimidation.

In an open letter sent today to university president Robert Corrigan, the ACLU said, “It is critically important for the university to have policies and procedures in place for separating counter-demonstrations and protecting all participants, especially in view of the volatile nature of the issue -- and the clashes that have occurred elsewhere during recent Middle East demonstrations.”

“While criminal prosecution may be appropriate if the evidence documents violations of California's civil rights laws, the criminal justice system cannot create a safe, welcoming and tolerant learning environment at San Francisco State,” the ACLU letter said. “That must come from the administration, faculty, and, ultimately, the students. It is important that the university take positive action to address ethnic and religious tension on campus.”

The full text of the ACLU letter follows.

May 20, 2002

VIA FACSIMILE

Robert Corrigan
Office of the President
San Francisco State University
1600 Holloway Avenue
San Francisco, CA 94132

Re: May 7 Demonstrations

Dear Dr. Corrigan:

On behalf of the American Civil Liberties Union of Northern California, we are writing to express our concern over the events of May 7 at San Francisco State University. According to news accounts, the two demonstrations, expressing divergent positions on the Middle East situation, degenerated into a physically intimidating conflict. We have also heard that students are fearful, because they have experienced ethnic and religious harassment on campus, both at the demonstration and at other times. As an organization committed to principles of free speech and equality, we are writing to ask what steps the university has taken and plans to take to address these questions.

Some participants at the demonstration report that they were physically surrounded, threatened and detained by counter-demonstrators. Others report that the police unfairly used barricades against one group but not another. If true, this indicates a failure on the university’s part to ensure that both sides be able to express their views at a political demonstration. Faced with a demonstration and counter-demonstration, the university’s obligation is to protect all participants by creating an adequate separation between the two sides and a fair opportunity to express their views on important political issues. We would expect San Francisco State-historically, the site of many robust political protests-to have experience with opposing demonstrations and to utilize that experience to provide an appropriate forum for political discussion in these circumstances. It is critically important for the university to have policies and procedures in place for separating counter-demonstrations and protecting all participants, especially in view of the volatile nature of the issue-and the clashes that have occurred elsewhere during recent Middle East demonstrations.

We have also heard deeply disturbing accounts that some students feel so harassed and targeted because of their religious or ethnic backgrounds that they no longer feel welcome or even safe in an environment perceived as hostile and discriminatory. We understand that the university has cooperated with the District Attorney’s office in reviewing tapes of the May 7 events for possible hate crimes violations. While criminal prosecution may be appropriate if the evidence documents violations of California’s civil rights laws, the criminal justice system cannot create a safe, welcoming and tolerant learning environment at San Francisco State. That must come from the administration, faculty, and, ultimately, the students. It is important that the university take positive action to address ethnic and religious tension on campus.

As an academic institution, with a diverse and international student body, San Francisco State University should provide many opportunities to explore and discuss the Middle East conflict without a hurtful and divisive climate. We hope that the university will undertake a serious review of its policies and practices to create an environment conducive to peaceful protest and education.

We look forward to your response to our concerns.

Sincerely,

Dorothy M. Ehrlich Executive Director
Alan L. Schlosser Legal Director
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