While Protesting at My University Will I Suffer Disciplinary Actions, Criminal Prosecution, or Both?
Back in December I discussed whether students could face disciplinary actions while exercising their right to free speech on campus. I wanted to revisit this subject because currently there are several intense protests on college campuses across the nation. The focus of this blog will not be on the political ideology behind these recent Palestine/Israel protests. Instead, we want to forewarn students on the new penalties and punishments they may face while attending a protest.
When we first discussed this topic, Harvard students faced disciplinary actions after leading or participating in a pro-Palestine “week of action” in late November. This included a walkout and a rally. At that time the student faced potential student code of conduct violations. Any student accused of violating the university’s student code of conduct would result in an administrative hearing that would determine if a violation occurred. If the hearing determined that a violation occurred the student faced the following potential repercussions: a warning, academic probation, removal from campus residence, or expulsions from the university.
The current protests on college campuses such as Columbia University, Emory University, Indiana University, U.S.C., and others have intensified. The protestors are taking a more assertive position. Examples of this is they have become more vocal, have set up encampments on university ground, participated in vandalism of university property, taken over buildings in one situation, and have committed assault and battery. In response the universities taken the following tactics: engaged in dialog with the students, ordered the students to cease the protest and leave the university grounds, set up security to prohibit access to university grounds, transitioned classes to be conducted online, suspended students from graduating or attending the university, and called in police to physically remove the students.
Students must understand that they may now face criminal prosecution in addition to disciplinary action by the university. Again, whether you sympathize with the students protesting or not and whether or not you think they should face repercussions, does not change the fact that students are now exposing themselves to two types of penalties.
For example, let’s say a student has joined a chaotic protest and gets caught up in the moment. Historically, the university they attend and its faculty supports free speech and the right to protest. The city or state police are called in to simply assist with crowd control. During the protest, tempers flare and students get caught up in the motion. Maybe the student blocks traffic, maybe they engage in vandalism, or maybe they square off with a counter protestor and blows are exchanged. It is possible that the university may accept this as an exuberance of youth and passion and a temporary failure to check their emotions. Thus, the university may not seek to bring the student before the honor council on a potential code of conduct violation. However, this has absolutely, no bearing on police’s enforcement of the respective state’s penal code.
Universities have access to the names and charges faced by protestors that are arrested. So even if a protestor is arrested and thinks, well at least my university didn’t find out, think again. All a university has to do is request or look up the public information on who was arrested on a specific date in a specific county/city.
In the student code of conduct of many universities, specific crimes are grounds for disciplinary action by the university. For example, Emory University specially lists personal abuse improper or unauthorized use of university facilities, disorderly conduct/disruption of class or research space, harassment, recording without consent, refusal to comply with the directions of Emory officials as grounds for immediate disciplinary actions. An arrest report with an officer statement would be hard to overcome during any hearing to determine a student code of conduct hearing. Some universities have even stated that being found guilty of a crime while in attendance of a university could subject a student to a disciplinary hearing.
As always I am here to help and if you decide to exercise your right to free speech and protest please do so responsibly and know the potential fallout you may face.