(Revised) 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 against non-violent demonstrators on the Berkeley
campus involving the use of batons, pepper spray, and direct physical force has
caused personal injuries to students and faculty including broken bones;
Whereas, Police violence against non-violent demonstrators has been consistently
and repeatedly perpetrated over the last two years in at least five separate
incidents on the Berkeley campus;1
Whereas, The repeated incidents of police violence suggest that the
Administration and the UCPD have adopted a policy of preemptive use of force
against non-violent demonstrators who 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 their 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 the response to campus demonstrations
including requests for mutual aid to outside police forces.
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). 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
limited to, batons, pepper spray, tear gas, rubber bullets, tasers, flash-bang
grenades, 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
assembly deemed unlawful that is composed in substantial part of students,
faculty, or staff, and that remains non-violent.
6. The faculty recommends that if a demonstration turns into an unlawful
assembly (e.g., an occupation of a building) then the Administration should
engage in dialogue, communication, and negotiation as the primary and preferred
resolution approach.
7. The faculty recommends that if and when arrests are deemed necessary to
restore core university functions, the Administration not authorize the preemptive
or disproportionate use of weapons and forceful tactics including, but not limited
to, batons, pepper spray, tear gas, rubber bullets, tasers, flash-bang grenades, and
pressure point grips.
8. The faculty recommends that following any incident in which forcible methods
were used, the Chancellor should convene a public meeting with a minimum of
delay to explain the rationale of the decision to employ them.
9. The Berkeley Division of 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.