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UCSC Student Union Assembly Condemns Denial of Due Process to the Highway 17 Six
On March 10, the Student Union Assembly (SUA), UC Santa Cruz passed a resolution condemning the denial of due process to the Highway 17 Six by UCSC Administration by a landslide vote (26-4-2 (y/n/ab) with roll call). As mandated by the resolution, SUA Chair Justin Lardinois sent a letter to campus administration further elaborating the resolution. The 'Highway 17 Six' are six students who were suspended from UCSC on March 3 when they blocked traffic on Highway 17 to protest University of California tuition increases.
Full text of the Resolution:
Resolution Denouncing the UCSC Administration Unconstitutionally Denying the Right to Due Process to the Highway 17 Six
Sponsors: Dylan Quitiquit Hoffman (Porter College Appointed Representative), Adham Tama (Porter College Appointed Representative), Suini Torres (Oakes College Appointed Representative)
WHEREAS, The Fifth Amendment to the United States Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." (1);
WHEREAS, The 14th Amendment to the United States Constitution states that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (2);
WHEREAS, The University of California is a branch of the California State Government and thus is bound to comply with the 14th amendment of the US Constitution in administering judicial punishment;
WHEREAS, In the Supreme Court Case Braxton v. Municipal Court (1973) the Supreme Court concluded that University Administration could suspend the right to due process and administer suspension under the very strict circumstances as follows: “[. . .] hence we interpret section 626.4 to require notice and a hearing on alleged misconduct before the issuance of any exclusion order unless the campus administrator reasonably finds that the situation is such an exigent one that the continued presence on the campus of the person from whom consent to remain is withdrawn constitutes a substantial and material threat of significant injury to persons or property. (§ 626.4, subd. (c).)” (3);
WHEREAS, The American Civil Liberties Union advises students that, “Under the United States and California Constitutions, California’s public schools must provide students due process of law before imposing fines or restitution, and before suspending or expelling them for misconduct. “Due process” means that you must be provided with notice of the charges and evidence against you and an opportunity to challenge those charges in fair proceedings. Even for a suspension of ten days or less, a public university or college student is entitled to:
● An oral or written notice of the charges against the student,
● An explanation of the evidence against the student,
● An opportunity to contest those charges, and
● A fair and unbiased adjudicator.”,
and these guidelines were not followed by the University Judicial Services in this case. (4);
WHEREAS, Six UCSC Students were arrested following a demonstration on the Highway 17 on March 3rd, 2015 and finally charged with two misdemeanors: Public Nuisance and Resisting Arrest (5);
WHEREAS,Neither of these two charges are violent charges and this was a peaceful action;
WHEREAS, These students were immediately issued a suspension for their actions without due process of notice and a judicial hearing, representing an unconstitutional abridgement of their rights;
WHEREAS, The demonstration was peaceful and did not constitute a ‘substantial and material threat of significant injury to persons or property’ on campus and thus does not warrant the suspension of the student’s right to due process. Additionally the demonstration was off campus. The administration in this case acts outside of this very narrow interpretation of these special privileges;
WHEREAS, this suspension denies these individuals to access to their belongings, necessary health care, food, and shelter through finals week of the Winter 2015 quarter, resulting in the serious potential of academic failure due to lack of access to their educations;
WHEREAS, This type of harsh punishment holds zero precedent and is being denounced by both undergraduate and graduate student populations, as well as faculty, as existing to intimidate student activists and discourage disruptive action;
WHEREAS, Our University claims to be the “Original Authority on Questioning Authority” and yet attempts to suffocate student activism with unconstitutionally administered judicial charges;
THEREFORE BE IT RESOLVED, That the Student Union Assembly of the University of California, Santa Cruz will condemn the administration’s issuance of an open ended suspension without respecting these students right to due process and that the Student Union Assembly Chair, Justin Lardinois, will write a letter a strongly condemning this judicial action by no later than March 15th, 2015.
THEREFORE BE IT FURTHER RESOLVED, That the SUA shall stand in firm opposition to administration’s student judicial services use of intimidation through judicial charges, particularly when the way those charges are administered stands as an abridgement of the constitutional rights of students. The SUA will support an investigation into Student Judicial Services on behalf of the rights of these students if one occurs.
1 http://www.archives.gov/exhibits/charters/constitution_transcript.html
2 https://www.law.cornell.edu/constitution/amendmentxiv
3 http://scocal.stanford.edu/opinion/braxtonvmunicipalcourt30239
4 https://www.aclunc.org/ourwork/knowyourrights/civildisobediencepublicuniversities
5 http://www.ksbw.com/news/ucsantacruzsuspends6students/31641800
The Student Union Assembly (SUA) is the official undergraduate student government at UC Santa Cruz. Founded in 1985, the SUA was the product of the growing desire amongst students for an umbrella establishment to organize and sustain various campus groups as well as to advocate the collective student voice. The SUA, an ever-growing organization, represents a broad cross-section of the undergraduate population.
http://sua.ucsc.edu/
Resolution Denouncing the UCSC Administration Unconstitutionally Denying the Right to Due Process to the Highway 17 Six
Sponsors: Dylan Quitiquit Hoffman (Porter College Appointed Representative), Adham Tama (Porter College Appointed Representative), Suini Torres (Oakes College Appointed Representative)
WHEREAS, The Fifth Amendment to the United States Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." (1);
WHEREAS, The 14th Amendment to the United States Constitution states that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (2);
WHEREAS, The University of California is a branch of the California State Government and thus is bound to comply with the 14th amendment of the US Constitution in administering judicial punishment;
WHEREAS, In the Supreme Court Case Braxton v. Municipal Court (1973) the Supreme Court concluded that University Administration could suspend the right to due process and administer suspension under the very strict circumstances as follows: “[. . .] hence we interpret section 626.4 to require notice and a hearing on alleged misconduct before the issuance of any exclusion order unless the campus administrator reasonably finds that the situation is such an exigent one that the continued presence on the campus of the person from whom consent to remain is withdrawn constitutes a substantial and material threat of significant injury to persons or property. (§ 626.4, subd. (c).)” (3);
WHEREAS, The American Civil Liberties Union advises students that, “Under the United States and California Constitutions, California’s public schools must provide students due process of law before imposing fines or restitution, and before suspending or expelling them for misconduct. “Due process” means that you must be provided with notice of the charges and evidence against you and an opportunity to challenge those charges in fair proceedings. Even for a suspension of ten days or less, a public university or college student is entitled to:
● An oral or written notice of the charges against the student,
● An explanation of the evidence against the student,
● An opportunity to contest those charges, and
● A fair and unbiased adjudicator.”,
and these guidelines were not followed by the University Judicial Services in this case. (4);
WHEREAS, Six UCSC Students were arrested following a demonstration on the Highway 17 on March 3rd, 2015 and finally charged with two misdemeanors: Public Nuisance and Resisting Arrest (5);
WHEREAS,Neither of these two charges are violent charges and this was a peaceful action;
WHEREAS, These students were immediately issued a suspension for their actions without due process of notice and a judicial hearing, representing an unconstitutional abridgement of their rights;
WHEREAS, The demonstration was peaceful and did not constitute a ‘substantial and material threat of significant injury to persons or property’ on campus and thus does not warrant the suspension of the student’s right to due process. Additionally the demonstration was off campus. The administration in this case acts outside of this very narrow interpretation of these special privileges;
WHEREAS, this suspension denies these individuals to access to their belongings, necessary health care, food, and shelter through finals week of the Winter 2015 quarter, resulting in the serious potential of academic failure due to lack of access to their educations;
WHEREAS, This type of harsh punishment holds zero precedent and is being denounced by both undergraduate and graduate student populations, as well as faculty, as existing to intimidate student activists and discourage disruptive action;
WHEREAS, Our University claims to be the “Original Authority on Questioning Authority” and yet attempts to suffocate student activism with unconstitutionally administered judicial charges;
THEREFORE BE IT RESOLVED, That the Student Union Assembly of the University of California, Santa Cruz will condemn the administration’s issuance of an open ended suspension without respecting these students right to due process and that the Student Union Assembly Chair, Justin Lardinois, will write a letter a strongly condemning this judicial action by no later than March 15th, 2015.
THEREFORE BE IT FURTHER RESOLVED, That the SUA shall stand in firm opposition to administration’s student judicial services use of intimidation through judicial charges, particularly when the way those charges are administered stands as an abridgement of the constitutional rights of students. The SUA will support an investigation into Student Judicial Services on behalf of the rights of these students if one occurs.
1 http://www.archives.gov/exhibits/charters/constitution_transcript.html
2 https://www.law.cornell.edu/constitution/amendmentxiv
3 http://scocal.stanford.edu/opinion/braxtonvmunicipalcourt30239
4 https://www.aclunc.org/ourwork/knowyourrights/civildisobediencepublicuniversities
5 http://www.ksbw.com/news/ucsantacruzsuspends6students/31641800
The Student Union Assembly (SUA) is the official undergraduate student government at UC Santa Cruz. Founded in 1985, the SUA was the product of the growing desire amongst students for an umbrella establishment to organize and sustain various campus groups as well as to advocate the collective student voice. The SUA, an ever-growing organization, represents a broad cross-section of the undergraduate population.
http://sua.ucsc.edu/
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As Vice Chair of the ACLU of Northern California Santa Cruz County Chapter, it was my privilege to be on campus in support of the student action. Students were eager to accept the "Know Your Rights" cards I passed out on behalf of the chapter and we are delighted that some of that language found its way into the Resolution.
I'd be curious to hear Steve's opinion, as an ACLU representative, on the ACLU's opinion or viewpoint regarding the wisdom or legality of blocking highways for political statement.
I believe I've seen multiple incidents where the ACLU has acknowledged that this is viewed as illegal activity in multiple states. And, that the ACLU does not consider the issue of free speech and the tactic of blocking a highway as connected. That is to say; they've acknowledged that your right to have your say doesn't include a rock to block a road and deprive thousands of their right to free and safe passage.
Steve, can you expand on that? Is my understanding consistent, and your taking a divergent opinion from other ACLU chapters? Or am I misinterpreting and you have a different understanding of the issue?
I believe I've seen multiple incidents where the ACLU has acknowledged that this is viewed as illegal activity in multiple states. And, that the ACLU does not consider the issue of free speech and the tactic of blocking a highway as connected. That is to say; they've acknowledged that your right to have your say doesn't include a rock to block a road and deprive thousands of their right to free and safe passage.
Steve, can you expand on that? Is my understanding consistent, and your taking a divergent opinion from other ACLU chapters? Or am I misinterpreting and you have a different understanding of the issue?
Citizens don't have the right to go anywhere in their cars, driving is a privilege, not a right.
The people who were stuck in traffic were certainly able to exit their vehicles and walk to wherever they wanted to go, no one blocked their ability to move freely, except maybe the cops.
The people who were stuck in traffic were certainly able to exit their vehicles and walk to wherever they wanted to go, no one blocked their ability to move freely, except maybe the cops.
HUFF (Homeless United for Friendship and Freedom) voted without dissent at our Wednesday meeting to urge all charges be dropped against the Santa Cruz Six and that any UCSC suspensions be reversed.
Speaking personally, I urge students to join forces with anti-police violence activists in Santa Cruz who want to end SCPD class profiling, abuse use of tasers, pain compliance holds, choke holds, baton strikes, and drawn weapons, as well as political backroom dealings.
Such incidents as the local tasering of an unarmed man shown at https://www.indybay.org/newsitems/2015/03/11/18769816.php and the still unacknowledged slamdown of Richard Hardy on the sidewalk by Officer Nathan Vasquez in the spring of 2013 described at https://www.indybay.org/newsitems/2015/02/18/18768736.php ["Police Injury of Homeless Man Still Unresolved"]; the video is at https://www.youtube.com/watch?v=1Tyj3yxwy-o .
For more specifics on these concerns, see https://www.indybay.org/uploads/2014/11/28/grand_jury_protest_corrected.pdf .
Speaking personally, I urge students to join forces with anti-police violence activists in Santa Cruz who want to end SCPD class profiling, abuse use of tasers, pain compliance holds, choke holds, baton strikes, and drawn weapons, as well as political backroom dealings.
Such incidents as the local tasering of an unarmed man shown at https://www.indybay.org/newsitems/2015/03/11/18769816.php and the still unacknowledged slamdown of Richard Hardy on the sidewalk by Officer Nathan Vasquez in the spring of 2013 described at https://www.indybay.org/newsitems/2015/02/18/18768736.php ["Police Injury of Homeless Man Still Unresolved"]; the video is at https://www.youtube.com/watch?v=1Tyj3yxwy-o .
For more specifics on these concerns, see https://www.indybay.org/uploads/2014/11/28/grand_jury_protest_corrected.pdf .
Here we go again. In 1964, UC, under the direction of Democratic Governor Pat Brown, father of the current Democratic Governor Jerry Brown, the police threw students sitting-in at Sproul Hall at UC Berkeley down stone stairs, and much more. Now UC is willfully, with malice aforethought, violating basic legal due process. This Highway 17 sit-down did not take place on university property, and as the above resolution states, there was no emergency whatsoever as far as UC was concerned. Even in the case of any emergency, EVERYONE HAS A RIGHT TO THEIR PERSONAL POSSESSIONS AT ALL TIMES.
Due process means that we all have a right to a hearing before any legal action is taken against us, whether the charging party is UC, or any governmental agency. Either we have due process in this society or we do not. UC cannot make up the law as it goes along, as monarchies do.
Whether you think the Highway 17 sit-down was wise or not, your legal rights are threatened by UC's violation of our due process rights, and that means all of us, both students and everyone else. This writer is not a student.
As to the Highway 17 sit-down, it certainly did make life very miserable for tens of thousands of people for some 4-5 hours, most of whom have no choice but to use a car since outside big cities like San Francisco, there is very little public transportation and the distances are too great to walk.
The purpose of any demonstration is to reach out to people to build unity so as to overcome a threatening adversary, namely the capitalist class, and its minions, the UC Regents. This Highway 17 sitdown did not build unity; it increased acrimony among potential supporters of the students as the people driving are not millionaires but ordinary working people who are also adversely affected by everything in this bankrupt, backward society.
As to these lockdowns connected to cement buckets or some other object, they are horrible. They are a form of self-imprisonment and self-pity. They have absolutely nothing to do with organizing anyone to end anything at all.
It is long overdue that the students who cannot afford college simply go to work as you need a paycheck, and if your college degree is in the liberal arts, you are wasting both time and money. Any paycheck is better than any debt. When you work, you meet the labor force and learn their problems. You soon find that the college world is completely contrived and for the most part, is simply extended childhood.
Meanwhile, despite our criticisms of the Highway 17 sit-down, UC must be forced to rescind the suspension and remove it from the record of these 6 people. Violating due process rights must always be opposed.
Due process means that we all have a right to a hearing before any legal action is taken against us, whether the charging party is UC, or any governmental agency. Either we have due process in this society or we do not. UC cannot make up the law as it goes along, as monarchies do.
Whether you think the Highway 17 sit-down was wise or not, your legal rights are threatened by UC's violation of our due process rights, and that means all of us, both students and everyone else. This writer is not a student.
As to the Highway 17 sit-down, it certainly did make life very miserable for tens of thousands of people for some 4-5 hours, most of whom have no choice but to use a car since outside big cities like San Francisco, there is very little public transportation and the distances are too great to walk.
The purpose of any demonstration is to reach out to people to build unity so as to overcome a threatening adversary, namely the capitalist class, and its minions, the UC Regents. This Highway 17 sitdown did not build unity; it increased acrimony among potential supporters of the students as the people driving are not millionaires but ordinary working people who are also adversely affected by everything in this bankrupt, backward society.
As to these lockdowns connected to cement buckets or some other object, they are horrible. They are a form of self-imprisonment and self-pity. They have absolutely nothing to do with organizing anyone to end anything at all.
It is long overdue that the students who cannot afford college simply go to work as you need a paycheck, and if your college degree is in the liberal arts, you are wasting both time and money. Any paycheck is better than any debt. When you work, you meet the labor force and learn their problems. You soon find that the college world is completely contrived and for the most part, is simply extended childhood.
Meanwhile, despite our criticisms of the Highway 17 sit-down, UC must be forced to rescind the suspension and remove it from the record of these 6 people. Violating due process rights must always be opposed.
and depending on the facts, it sounds like they are charging the 6 twice for a "single course of conduct" crime. if they were cemented in and willingly consented to arrest once free of the cement, they didn't actually resist arrest, did they?
and if the university fucked up, the 6 could recoup their tuition and more in damages.
what a great tactic! the people it pissed off wouldn't support the students anyway. and the university will get some of the blame, just like the shelter gets blamed for the homeless.
and if the university fucked up, the 6 could recoup their tuition and more in damages.
what a great tactic! the people it pissed off wouldn't support the students anyway. and the university will get some of the blame, just like the shelter gets blamed for the homeless.
that is a good deal for shutting down a freeway for hours. i know someone who got 2 misdemeanors just for falling asleep twice on the same night in santa cruz.
https://www.indybay.org/newsitems/2015/03/15/18770004.php
https://www.indybay.org/newsitems/2015/03/15/18770004.php
It is amazing that the 6 Highway 17 sit-downers claim that they were trying to bring awareness of the university fee & tuition increases. WE HAVE BEEN HEARING ABOUT THIS FOR YEARS, decades in fact. The solution is not to sit down on a freeway, engage in self-imprisonment, endangering your own life and the lives of everyone on the freeway who needs but cannot get medical care, and wait for the police, whom you correctly dislike, come to rescue you from your stupidity. It was not an inconvenience to the drivers who sat on the freeway for some 5 hours; it was a horrifying nightmare.
In case these UC students are unaware, 50% of Americans cannot provide $2,000 within 30 days to pay for an emergency; 50% of American schoolchildren receive free or reduced price lunches because their parents cannot afford to feed them; and 80% of Americans live paycheck to paycheck, including the 50% of Americans who cannot pay for a $2,000 emergency within 30 days. You are experiencing the same nightmare called capitalism that most of the rest of us are experiencing.
The solution is to build unity with the workingclass, those of us who are the drivers on these roads if we live outside San Francisco, around all economic issues, and that is best done by labor organizing.
Education is a right and so is driving a car in a society that has grossly inadequate public transportation. It is not a matter of rights; it is a matter of facing reality. If you do not have the money to go to school, then go to work because any paycheck is better than any debt.
What is intolerable is the arrogance of anyone telling the taxpayers that we have to be alerted to the economic crisis in this society. WE ARE ALL VERY WELL AWARE OF THE ECONOMIC CRISIS IN THIS SOCIETY, and we know the workingclass is paying the highest price for all of this society's problems.
I am not signing any petition because they do not address the problem. The petition should be to all students in debt demanding they go to work and stop running up a debt by leaving school. Another petition could be to Congress to demand that all banks be forbidden from allowing students to take out loans to go to college. All of UC's exorbitant fees and its construction projects will end when the students on loans leave the school and go to work. The colleges in this backward country are engaged in a racket, allowing students to pay for school with loans.
In case these UC students are unaware, 50% of Americans cannot provide $2,000 within 30 days to pay for an emergency; 50% of American schoolchildren receive free or reduced price lunches because their parents cannot afford to feed them; and 80% of Americans live paycheck to paycheck, including the 50% of Americans who cannot pay for a $2,000 emergency within 30 days. You are experiencing the same nightmare called capitalism that most of the rest of us are experiencing.
The solution is to build unity with the workingclass, those of us who are the drivers on these roads if we live outside San Francisco, around all economic issues, and that is best done by labor organizing.
Education is a right and so is driving a car in a society that has grossly inadequate public transportation. It is not a matter of rights; it is a matter of facing reality. If you do not have the money to go to school, then go to work because any paycheck is better than any debt.
What is intolerable is the arrogance of anyone telling the taxpayers that we have to be alerted to the economic crisis in this society. WE ARE ALL VERY WELL AWARE OF THE ECONOMIC CRISIS IN THIS SOCIETY, and we know the workingclass is paying the highest price for all of this society's problems.
I am not signing any petition because they do not address the problem. The petition should be to all students in debt demanding they go to work and stop running up a debt by leaving school. Another petition could be to Congress to demand that all banks be forbidden from allowing students to take out loans to go to college. All of UC's exorbitant fees and its construction projects will end when the students on loans leave the school and go to work. The colleges in this backward country are engaged in a racket, allowing students to pay for school with loans.
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