Vanguard at UC Davis

Esteemed Faculty Group Disagrees with Censure of Katehi

KatehiFacesTheCroud_11-21-11-15-1Not all of the faculty supported the decision by the Academic Senate to censure Chancellor Linda Katehi.

In a letter written by members of the UC Davis Association of the National Academies (National Academy of Sciences, National Academy of Engineering and Institute of Medicine) they “strongly protest the resolution passed by the Executive Council of the Academic Senate to censure Chancellor Linda Katehi for her response to the Nov. 18 incident.”

Professor Clover Concerned About Academic Freedom and Campus Militarization

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Few areas have been more controversial than the role played by UC Davis professors in the protests, both leading up to November 18 and following it.

In the Kroll report, many have focused on the line: “Professor Joshua Clover spoke to the group, warning them about cooperating with the administration, urging them to take matters into their own hands and stating, ‘Right now, we’re the law.’ ”  Fewer have noted, “The activists ‘went back and forth’ about what to do next. At approximately 4:45 p.m., the activists used consensus-style decision-making to reach the decision to continue to occupy Mrak Hall after it closed at 5:00 p.m. and to ‘use bike locks and chains to lock the building doors open.’ “

Sunday Commentary: UC Davis Lawsuit Blames Everyone For Bank Fiasco But Themselves

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If you believe UC Davis, the US Bank fiasco is the fault of everyone but them.  Twelve of the protesters will get their second shot at arraignment this week, on a series of misdemeanor charges stemming from their role in the bank-blocking protests that went from January 13 until February 28.

And on Friday, UC Davis filed a lawsuit against US Bank who, after they had to close the bank 27 times early and not open at all three additional times, finally gave up and closed their doors.

UC Davis Sues US Bank For Breach of Contract, Yolo Superior Court Will Hear the Matter

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UC Davis kept indicating that they hoped to solve their dispute with US Bank over the closure of the bank’s Memorial Union branch following seven weeks of closure due to protests.  Last week, indications were that negotiations were still ongoing, however that has now changed.

UC Davis has filed suit in Yolo County Superior Court against U.S. Bank for breach of contract.  According to UC Davis spokesperson Claudia Morain, “We had hoped to avoid this and we still hope to work this in through a negotiated agreement.  We have engaged in more than two months of talks and the bank had said it was going to file suit, so this is something that we do reluctantly.”

UC Releases Draft of Report Responding to Campus Protests

responsetoprotestsThe University of California, as expected, has released a report that examines polices and practices related to UC responses to campus protests.

After incidents involving police and protesting students at the Berkeley and Davis campuses last November, UC President Mark G. Yudof directed General Counsel Charles F. Robinson and Christopher F. Edley Jr., Dean of the UC Berkeley Law School, to identify the best practices that could shape responses to such demonstrations in the future.

Commentary: Does Censure of Katehi Change Anything? Yes and No

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We began this week with an analysis that Chancellor Linda Katehi ought to lose her job over her role in creating the conditions for the pepper-spraying incident to have occurred.

Now we have a very strongly-worded condemnation of the chancellor by the Academic Senate.  In their words, they “censure” the chancellor for “failure to perform adequately the tasks of her office and failure to provide clarity, candor and trustworthy accounts in relation to the events of Nov. 18.”

BREAKING NEWS: Academic Senate Calls For Censure of Katehi

KatehiFacesTheCroud_11-21-11-15-1.jpgExecutive Council Stops Just Short of Calling For Resignation

In the strongest move to date in response to the reports on the November 18 pepper-spraying incident, the UC Davis Academic Senate announced this morning, that they “hereby censure Chancellor Linda P. B. Katehi for failure to perform adequately the tasks of her office and failure to provide clarity, candor, and trustworthy accounts in relation to the events of November 18, 2011.”

The Executive Council stopped short of calling for her resignation. However, the Special Committee did do so.

Documents Show UCD Slow to React To Bank Blocking Actions at US Bank

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On Wednesday January 11, 2012, a group of UC Davis students would enter the lobby of the US Bank branch in UC Davis’ Memorial Union, sit down, and conduct a teach in.  Two days later, they would conduct their first blockade of the bank, causing it to close early.

Over the next 6 and one-half weeks, the bank would close early 27 times and not open at all three times, not including holidays.  On February 28, the Bank would officially close its doors.

Analysis: Does Katehi Deserve to Be Fired? Yes But She Won’t Be

KatehiFacesTheCroud_11-21-11-15-1.jpgIn the hours following the pepper spray incident on November 18, 2011, Chancellor Linda Katehi’s first response was simple and telling: “We have a responsibility to maintain a secure place for our students to learn, and for our faculty and staff to provide the excellent education we are known for.”

Her statement continued, “Following our requests, several of the group chose to dismantle their tents this afternoon and we are grateful for their actions.  However a number of protestors refused our warning, offering us no option but to ask the police to assist in their removal.”

Sunday Commentary: Pike and Swartwood Should Face Criminal Charges

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At this point, two dominoes have fallen:  Chief Annette Spicuzza was likely forced to retire in order to keep her pension; and Vice Chancellor Meyer, Spicuzza’s immediate supervisor, was removed administratively from the position of direct oversight over the police department and replaced by Provost Hexter in that role.

The Vanguard has now completed its individual-by-individual account of the key actors at UC Davis.  We are, of course, awaiting the official word – if we ever get it – on the plight of people such as Lt. John Pike, Lt. Barry Swartwood and Officer Alexander Lee.

The Trail to Discovering the Name of Officer Alexander Lee as the Second Pepper Sprayer

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One of the big mysteries in the pepper spray incident was the identity of the second pepper sprayer.  Both the police officer’s union, through the court system, and the university kept the second officer’s identity a secret, due in part to security concerns and the fear that the harassment suffered by Lt. John Pike would be visited upon the second officer.

What follows is an illustration of how the Vanguard was able to use the California Public Records Act to determine definitively the name of Officer Alexander Lee as the second pepper sprayer.

 

Controversial Changes to Policing Policies in Wake of Occupy Movement

occupyWhile UC Davis and hopefully UC is looking at changes to their policing policies in the wake of controversial incidents last November on both the UC Berkeley and the UC Davis campuses, the City of Oakland has made headlines this week with announced changes to crowd-control policies, due to the Occupy Protests.

In a press release on Monday, they stated that they are “committed to becoming a national leader in crowd management by reforming and improving its policies and practices.”

Vanguard Analysis: Chancellor Katehi’s Role in the November 18 Incident

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In the hours and days that followed the November 18 pepper spray event, Chancellor Linda Katehi would at first deflect, then take “full responsibility” for the fiasco.  It is still not clear what it means for her to take “full responsibility.”

At the time of this press, there appears that the Chancellor will survive this, even as the reports paint a disturbing picture of miscalculation and incompetence that goes from the Chancellor’s office to the actions of Lt. Pike and his fateful decision to use pepper spray on seated protesters engaging in what was non-violent protest of university policies and perhaps the illegal tent clearing operation.

Vanguard Analysis: Lt. Swartwood Criticized For Abdicating Duties as Incident Commander

Swartwood-batonThe Vanguard fundamentally disagrees with the decision to redact names in the Reynoso Task Force and Kroll Reports.  We believe that responsibility needs to be taken appropriately by those whose decisions or actions contributed to this problem.

In many cases, it does not serve any compelling interest to the name the redacted officers, however, regarding a lieutenant who was the incident commander and who made critical decisions, it is important to identify that Officer P is Lt. Barry Swartwood.

Appointment of Carmichael to Chief For One Year Raises Questions

hexter-and-carmichael_lg.jpgAt one level, the hiring of Matthew Carmichael to be the Police Chief of the UC Davis Police Department seemed the obvious choice.  He had already led the department since those fateful days following the November 18 pepper-spray incident, that led to the suspension of his predecessor and nationwide scrutiny on the department.

Supporters can point to his long record of service and training.

UC Davis Appoints Carmichael to Succeed Spicuzza, As Interim Police Chief

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To the surprise of probably no one, Matthew Carmichael was sworn in Thursday to succeed Annette Spicuzza who had retired just one day earlier.  Due to the quick turnaround between the resignation of Ms. Spicuzza and the announcement for the new hire, it was clear that the choice would be Mr. Carmichael, a 27-year veteran of law enforcement, with the last 10 years as a lieutenant at UC Davis. He has served as acting chief since Nov. 21.

Ms. Spicuzza had been on administrative leave while the campus conducted an internal affairs investigation into the Nov. 18 pepper-spraying of demonstrators on the Quad.

First Domino Falls: UCD Police Chief Steps Down

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The first fallout from the pepper-spray report came late yesterday afternoon, when UC Davis police chief Annette Spicuzza, who had been suspended with pay while an internal affairs investigation was conducted, announced her retirement effective Thursday.

“My 27 years in law enforcement have been dedicated to the ethical and committed service to the departments and communities I have been proud to be a part of,” the statement read. “For the past seven years, I have accomplished many good things for both the Police Department and community here at UC Davis; and am grateful to those of you who have remembered this.”

UCD Student Faces Felony Charges and Possible Expulsion For Vandalism

davis-dozen-rally.jpgThomas Matzat suffered nerve damage when he was one of 10 arrested for misdemeanors during the camp clearing operation back in November 2011.  On Friday, he will be one of 12 arraigned on misdemeanor charges for his bank blocking actions and, reportedly, he will also be arraigned on felony vandalism charges.

Andy Fell, spokesperson for UC Davis, told the Vanguard that “Thomas Matzat, 22, of El Dorado Hills, a UC Davis student, was arrested March 17 on charges of felony vandalism in connection with a series of graffiti incidents on campus.”

Vanguard Analysis: Report Puts Primary Culpability on Lt. Pike

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As Kroll aptly notes, Lt. John Pike of the UC Davis Police Department became the face and image of the pepper spray incident.  “The image of Lieutenant John Pike spraying the activists has gone beyond viral to the point of being iconic, with Lieutenant Pike’s image inserted into videos, cartoons, famous paintings, etc,” Kroll writes.

Ultimately, the report by both Kroll and the Reynoso Task Force put the primary culpability on Lt. Pike, at least with regard to the decision to use pepper spray on the protesters in the Quad on November 18, 2011.