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A new report on a 2011 CUNY protest that saw more than a dozen arrests leaves core questions unanswered while misrepresenting evidence of police violence.
On November 21, 2011, City University of New York students and faculty assembled with others at Baruch College for a public meeting of the CUNY board of trustees. The gathering, which took place six days after police rousted the Occupy Wall Street encampment at Zuccotti Park, was large and boisterous, and turned confrontational after police and CUNY security blocked most of those in attendance from the room in which the meeting was taking place. Fifteen demonstrators were arrested in the clash that followed, amid reports of rough behavior from baton-wielding cops.
In the weeks after the confrontation CUNY commissioned an independent report on the incident, and that report, prepared by the Kroll consulting firm, has just been released. But the 65-page report fails to confront the exclusion of most protesters from the trustee meeting, a central issue for the demonstrators and a crucial question for CUNY to address going forward. Additionally, it misrepresents the state of the public record on the question of whether police used inappropriate force during the course of the demonstration.
The Kroll report documents that CUNY administrators expected, and prepared for, a large turnout for the public hearing on November 21, which was staged to allow comment on proposed tuition hikes. Administrators and security officials held a series of planning meetings and police trainings in the run-up to the hearing, at which some 79 security officers were made available to manage crowd control. Despite this planning, and the fact that the purpose of the hearing was to facilitate public comment on CUNY policies, the meeting was held in a room which the Kroll report describes as having a capacity of just 120 people, while an “overflow” room with a one-way video hookup was provided in an entirely different part of the building from the hearing itself.
Protesters’ frustration with their exclusion from the meeting was the primary source of conflict that day. The Kroll report makes that clear. The report, however, never so much as raises the possibility that a different choice of venue might have led to a better outcome, or engages with the question of whether CUNY might have done more to facilitate public access to the hearing. This omission is particularly striking given the fact that the report’s witnesses note that the room was filled to capacity nearly an hour before the hearing’s scheduled start time, leaving more than a hundred members of the public — a large majority of them, by all accounts, students — unable to participate. (Barbara Bowen, the president of the CUNY faculty union, has described the hearing room as having a posted capacity of 300, which would have provided ample space for all those present at Baruch that day. It’s not at all clear where the Kroll report’s figure of 120 came from.)
The most generous interpretation of CUNY’s meeting planning is that the university prioritized crowd control over the university community’s ability to provide input into the institution’s tuition and governance policies. A more cynical observer might reasonably conclude that the trustees’ intentional restriction of access was itself a root cause of the conflict that followed. That these questions remain unexplored is a glaring defect in the Kroll report.
A second, and more dramatic, flaw in the report is what can only be described as a fundamental misrepresentation of the available evidence of police misconduct. Alleging that its investigators “found no evidence to suggest that any of the protesters were injured during the struggle,” the report claims that the CUNY department of public safety “received no complaints indicating that anyone had been injured, even superficially,” and that Kroll did not “find any evidence to the contrary,” either in its interviews with participants or “in its review of public records, social media, and video evidence.” (Emphasis mine.)
The first contradiction to this sweeping declaration comes in the very next sentence, in which a reporter from the Hunter College student newspaper who interviewed a number of protesters is said to have described several of them as “banged up and bruised.” My own research, moreover — which took the form of a twenty-minute Google search — turned up the following:
- A New York Times story on the demonstration described protest organizer and participant Carlos Pazmino, a City College student, as having witnessed CUNY public safety officers “hitting … students with the batons.” The Times quoted Pazmino as saying that he had seen “two people knocked down by cops … and one guy’s head was bleeding.”
- In a Daily News story, Hunter alum Michelle O’Brien was quoted as saying “the officers were attacking us,” while Baruch undergraduate Brittany Robinson said police “started pushing us and beating us” without provocation.
- A Daily Kos liveblog declared that a journalist who covered the hearing had been injured when police threw her into a revolving door, and that witnesses had described another participant as having been “taken away bleeding from the head or face.”
- A story in the Chronicle of Higher Education reported that one witness had told their reporter that “several students had been struck” with batons. The Chronicle reporter himself said he had seen “a young woman’s head on the floor, under an officer’s knee.”
- In comments on an NYU Local piece, Hunter College student newspaper staffer Tiffany Huan said that she had been “beaten” and “sexually harassed.”
- In an article on the CUNY faculty union website, Huan said she was grabbed by her hair and thrown to the ground, leaving her “in so much pain … I could barely stand up.”
- In an article in the Baruch student newspaper, demonstrator Kevin Tighe said that “a lot of people got beat up really badly,” while demonstrator Denise Romero alleged that there were injuries among the protesters.
- In a blogpost, Brooklyn College student Zachary Poliski said that officers struck demonstrators with batons, and that one student’s head was bloodied.
- A commenter on a YouTube video who described him or herself as an eyewitness said that “students were beaten” by police.
By my count that’s seven witnesses, five of them named, who claimed to have seen police beating protesters. Three witnesses, two named, said they saw a demonstrator bloodied, and at least four witnesses alleged other injuries. And again, that’s what I found in twenty minutes. But in a yearlong investigation, Kroll says, they found no evidence — none — “that anyone had been injured, even superficially,” in the demonstration.
Only one of the eight named eyewitnesses I cite above is mentioned in the Kroll report, and that witness, Tiffany Huan, is named only in the context of a dismissal of her charges of sexual harassment. Her claim that police violence left her “in so much pain [she] could barely stand up” is not addressed.
I’ve written to Kroll to request comment on these issues, and I’ll let you know what — if anything — I hear back.
“Are Student Governments Obsolete?”, an early-70s essay by New York student activist Ray Glass, has enjoyed a boomlet of attention in recent months. A couple of people put the text up online, and it’s been getting passed around quite a bit — I keep seeing it pop up on Facebook and Twitter and various blogs.
Ray Glass was one of the founders of SASU, the system-wide student association for the State University of New York. He was the engine behind SASU’s successful campaign to get an elected student representative on the SUNY board of trustees (and on those of all the SUNY campuses), and was completing a stint as the organization’s legislative director when he was struck and killed by a drunk driver in Albany in 1975.
When I joined SASU in the late 1980s the group’s annual organizing conference bore his name, and “Are Student Governments Obsolete?” was one of our touchstone documents — a passionate, broad-ranging critique of university governance, student government, and campus organizing as they had existed fifteen years earlier. In it, Glass argued that voluntary student unions, “dependent in all respects on students and independent of all other people, agencies or forces,” are the path to true student power, an argument with a powerful allure for anyone who, like those of us who worked in SASU, had spent years struggling in student governments compromised by their institutional relationship with the university.
Student unionism is today experiencing a rebirth of interest as our contemporary wave of campus activism grows, matures, and begins to ponder next steps. It is that phenomenon that has spurred the Ray Glass mini-revival, and that element of his work that has drawn the most attention.
But there is a strange paradox here. Ray Glass helped build SASU from a perch in student government, serving as student association president at SUNY Binghamton while he did much of the early organizing that brought the statewide group into being. The SASU that he and his peers constructed wasn’t a voluntary union of individuals but a confederation of student governments, and it was the power of that confederation that enabled SASU to win SUNY students’ first ever direct role in university governance — a victory to which Glass devoted years of his life. And neither was SASU funded by individual memberships, as Glass advocated in the essay. At the time SASU drew revenue from those same student governments, and later it would be supported through binding campus referenda.
This seeming contradiction puzzled me when I first encountered “Are Student Governments Obsolete?”, and the essay offered no guidance as to how to resolve it. An editorial note on the first page of the typed version we all endlessly photocopied said that Glass had written it while serving as SASU’s legislative director, but SASU was — bizarrely, it seemed to me — mentioned nowhere in the document. (My hunch now is that the piece may have been written earlier, but I’ve never found anything to confirm that theory.)
For nearly twenty years the unfolding story of SASU, the organization to which Ray Glass devoted the entirety of his adult life, stood at odds with the thrust of his best-known written work. In the years after his death the organization continued to grow, emerging as the nation’s strongest and most successful statewide student association — winning victories on tuition, governance, and student rights issues, building stronger and more independent student governments across the SUNY system, and helping to transform the United States Student Association into a more activist, progressive, effective force nationally. The collapse of SASU in the 1990s left a void in American student organizing that is still felt today.
So how are we to reconcile these facts?
To start with, much of Glass’s critique stands even if we demur from his conclusions about organizational models. His criticism of student government is acute and lacerating, and many of his arguments about the nature of real student power are cogent and convincing. If student government has more potential than he recognized, it is in part because his generation of activists, and those whom he and his peers influenced, fought like hell to make those institutions into something more worthy than they’d been before.
It’s also, I think, worthwhile to interrogate the specifics of Glass’s argument in favor of voluntary dues. He envisioned the student union as a direct analogue to the labor union, with collective bargaining standing as its central task and responsibility. Voluntary dues were crucial to this project, he wrote, because “the mandatory dues which labor unions charge have probably done more to facilitate their entrenchment, removal from rank and file, and conservative policies than any other factor.”
Reading that sentence today, one is struck by its datedness. Where Glass wrote of labor unions as an “entrenched … conservative” force in the workplace, today nearly all observers — including those unions’ radical critics — would argue something close to the opposite, on one or both counts. Indeed, our era’s legal and organizing struggles around so-called “right to work” laws proceed from a mirror-image premise from Glass’s — nowadays, right-to-work’s voluntary dues schemes are understood by supporters and opponents alike as a mechanism for union-busting.
Consider the following, from a December interview with labor historian Nelson Lichtenstein on the right-to-work struggle:
“Solidarity isn’t a purely altruistic concept. Unions have to be a combat organization, ready to fight the boss. That means there is an element of coercion involved. It’s like taxes. The price of civilization is taxes. The price of unionism is solidarity. And, yes, that does involve coercing people to contribute to the union. Unions are not like the NRA or the Sierra Club, they’re not purely voluntary organizations. They were given a slice of state authority in order to solve the problem of industrial violence. … [Unions] need money, staff. They’re the ones hustling for votes. That’s where the battlefield is being fought. And the money to do that comes from dues. When you don’t have that, unions shrink.”
There are obvious critiques of this perspective to be offered. But its core message is hard to dispute, and its applicability to the student unionism movement as Ray Glass conceptualized it seems clear.
Students like Ray Glass fought hard to build to gain access to mandatory funding mechanisms for student activist organizations, and their successors are fighting hard to keep them, and expand them, today. (As I write this, the Arizona Students Association has seen their democratically-approved student fee funds frozen by the university in a dispute over ASA’s pro-student organizing activities. The fate of the ASA may well hang in the balance.)
If you believe — as Ray Glass wrote, and as I agree — that every American campus should have a student union “which so overwhelmingly speaks for students that it becomes recognized by the university as the exclusive collective bargaining agent for students on all matters affecting the students of that university as students,” then the events of the last four decades suggest that you have to entertain the idea that building a robust, democratic mechanism for implementing mandatory dues schemes is a valid, even essential, organizing goal. And if that’s your goal, you have to at least contemplate the possibility that student government organizing may be the path most likely to get you there.
If reading Ray Glass is the first step in building student unionism in our century, arguing with him may well be the second.
Internet activist Aaron Swartz killed himself yesterday in New York. He was 26.
Aaron had long suffered from depression and other medical issues, but at the time of his death he was facing a more tangible challenge as well — a thirteen count federal felony indictment arising from a 2011 incident in which he snuck into MIT and downloaded a huge number of academic journal articles from the internet archive JSTOR.
JSTOR declined to press charges, as did MIT, but the government went after him anyway, and went after him very very hard. He pled not guilty last December. The charges were moving forward.
I don’t want to talk too much about that, though. You can read more about it elsewhere, and if you’ve got your ears open you will — this is going to be a very big story in certain corners of the internet for quite a while.
Neither do I want to talk too much about Swartz’s technical and political and activist contributions to the world. You can read about those elsewhere too, from folks who know a lot more about them than I do.
I do want to talk a little about this, though — a 2007 talk Swartz gave about how he’d gotten where he was, and how he intended to get where he intended to go. It’s a great little piece of writing, thoughtful and wise and perceptive. There were five steps, he said, and he laid them all out: Learn, Try, Gab, Build, Freedom. And he closed with these three pieces of advice:
- Be curious. Read widely. Try new things. I think a lot of what people call intelligence just boils down to curiosity.
- Say yes to everything. I have a lot of trouble saying no, to a pathological degree — whether to projects or to interviews or to friends. As a result, I attempt a lot and even if most of it fails, I’ve still done something.
- Assume nobody else has any idea what they’re doing either. A lot of people refuse to try something because they feel they don’t know enough about it or they assume other people must have already tried everything they could have thought of. Well, few people really have any idea how to do things right and even fewer are to try new things, so usually if you give your best shot at something you’ll do pretty well.
Aaron Swartz achieved incredible things in his devastatingly short life. And those three pieces of advice aren’t a bad place to start filling the gap he left behind.
So that’s my plan for today. To go do some stuff. To go make something new.
Black Panther Party leader Fred Hampton helped establish the Chicago Panthers as an organization providing community services for the poor and brokered a treaty between the street gangs of the city — all before his twenty-first birthday.
Hampton was murdered by police on this date in 1969, shot down in his bed as he slept with his heavily pregnant girlfriend beside him.
Here’s Hampton, just weeks before he died, responding to the Days of Rage, a Weatherman riot in his hometown of Chicago.
“We believe that the Weatherman action is anarchistic, opportunistic, individualistic. It’s chauvinistic, it’s Custeristic. And that’s the bad part about it. It’s Custeristic in that its leaders take people into situations where the people can be massacred — and they call that a revolution. It’s nothing but child’s play, it’s folly. We think these people may be sincere but they’re misguided. They’re muddleheads and they’re scatterbrains.”
Video:
The student government at the University of California at Irvine last night voted unanimously to divest itself of investments in companies that support the Israeli occupation of the West Bank, and to urge the UC Irvine administration to do the same.
The resolution, titled “Divestment from Companies that Profit from Apartheid,” is the second such policy to be adopted by a UC student government in recent years. (A similar resolution at Berkeley was passed, and then rescinded, amid intense media attention in 2010.) It passed by a vote of 16-0, with no abstentions.
The student government’s vote is unlikely to have any immediate practical effect. There is no indication that the UCI student government has any investments in corporations supporting the Israeli occupation, and UC administrators have stated that they have no intention of considering any such divestment on an institutional scale. But it is likely to revive discussion of Israel divestment on American campuses.
Irvine’s resolution draws explicit parallels not only between Israeli policies and South African apartheid, but also between the current campaign and American students’ past organizing for South African divestment. “As the example of South Africa shows,” the resolution declares, “it is imperative for students to stand unequivocally against all forms of racism and bigotry globally and on campus, including but not limited to Islamophobia, anti-Semitism, homophobia, patriarchy, and Israel’s system of apartheid.”
Unlike anti-apartheid campaigns, which targeted any companies doing business in South Africa, last night’s resolution does not call for full divestment from Israel. Instead it calls on UCI to end ties with companies that “provide military support for, or weaponry to support the occupation of the Palestinian territory,” those which are involved in “the building or maintenance of the illegal wall or the demolition of Palestinian homes,” and those which “facilitate the building, maintenance, or economic development of illegal Israeli settlements on occupied Palestinian territory.”
The resolution names eight companies meeting one or more of those criteria in which it claims UCI invests — Caterpillar, Cement Roadstones Holding, Cemex, General Electric, Hewlett-Packard, Raytheon, Sodastream, and L-3 Communications.
In 2010 UC Irvine suspended its Muslim Student Union in the wake of the disruption of a campus speech by the Israeli Ambassador. Ten Muslim students were subsequently convicted of misdemeanor charges in connection with that incident.
Just last week an Israeli news website described UC Irvine as “a hotbed of pro-Israel activity,” by the way.
studentactivism.net 
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