Resolution proposed by: Brian A. Barsky, Professor, Electrical Engineering and
Computer Sciences, and Jonathan Simon, Professor, Law.
Whereas, The “right of the people peaceably to assemble” is enshrined in the First
Amendment of the Constitution of the United States;
Whereas, Section 9(a) of Article 9 of the California Constitution establishes that
“the University of California constitutes a public trust”;
Whereas, Demonstrations consisting of both explicit and symbolic speech are a
fundamental part of the public discourse in modern democracies and have been
an important part of many social movements both nationally and internationally;
Whereas, Police violence has been repeatedly perpetrated against peaceful
demonstrators on the Berkeley campus;1
Whereas, The repeated incidents of police violence suggest that the
Administration and the UCPD and may have adopted a policy of preemptive use
of force against peaceful demonstrators whom they anticipate may engage in acts
of civil disobedience; and
Whereas, The Administration and UCPD appear to have not followed the
recommendation of the June 14, 2010 Report of the Police Review Board (“Brazil
report”) to clarify the proper lines of authority and approach to non-violent civil
disobedience on the Berkeley campus despite this confusion having been
identified in the Report as a possible source of unnecessary violence;
Be it therefore RESOLVED, that:
1. It is the sense of the faculty that the physical safety of campus community
members (including police officers), and respect for their rights of political
expression, dictate that police should not be deployed preemptively with riot
weapons and tactics in response to non-violent demonstrations.
2. The faculty calls upon the Administration to implement the recommendations
of the June 14, 2010 Report of the Police Review Board (“Brazil report”).
3. The faculty calls upon the Administration to immediately clarify the division of
civilian and police authority over response to campus demonstrations including
requests for mutual aid to outside police forces.
4. The faculty calls upon the Administration to make public the specific
conditions under which it is prepared to authorize UCPD (as well as other forces
operating under mutual aid) to use weapons and forceful tactics, including but not
1 For example, at and around Wheeler Hall (on November 20, 2009, December 11, 2009, and March 3, 2011), Tolman Hall (on September 22, 2011), and Sproul Hall (on November 9, 2011). limited to batons, pepper spray, and pressure point grips, against demonstrators
engaged in non-violent actions including linking arms and other forms of passive
resistance to arrest.
5. The faculty calls upon the Administration to announce that it will not authorize
the use of such forceful tactics to prevent or preempt the formation of any
“unlawful assembly” that is composed in substantial part of students, faculty, or
staff, and remains peaceful and non-violent.
6. The faculty recommends that if a demonstration turns into an unlawful
assembly (for example, an occupation of a building) then the Administration
should engage in dialogue, communication, and negotiation as the primary and
preferred approach.
7. The faculty recommends that if and when arrests are deemed necessary to
restore core university functions, the Administration not authorize the routine use
of batons, pepper spray or other weapons and forceful tactics without specific
need to respond to violence by arrestees.
8. The faculty recommends that following any incident in which forcible methods
were used that the Chancellor should convene a public meeting with a minimum
of delay to explain the rationale of the decision to employ them.
9. The Academic Senate shall establish a Senate Committee on Demonstrations
and Student Actions composed solely of faculty members to consult with the
Administration, UCPD and students.