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Continuing my liveblogging today — Thursday — on the second day of Occupy Cal. Newest updates at the top of the page.
9:30 am | An odd quote from Berkeley Dean of Social Sciences Carla Hesse in the Daily Cal, apparently from comments she made yesterday:
“‘I’d like [the activists] to think about what they’re doing,’ she said. ‘I’m worried if they destroy property, the public isn’t going to be very sympathetic.'”
But the group’s only formal statement, distributed earlier that day, said “We will remain peaceful and non-violent. We will do everything to ensure the campus is a safe space and will not engage in vandalism. We will take care of each other and the space we create.” There had been no indication of any plans for vandalism or property destruction.
The campus administration, however, had at the time Hesse spoke already made it clear that even peaceful, nonviolent, nondestructive protest would not be tolerated on the Berkeley campus if it did not conform to the university’s restrictions in every detail. UC police have for the last two years shown repeatedly that they are willing to engage in physical violence against peaceful protesters, and they did so again yesterday afternoon, not long after Hesse spoke.
9:25 am | Word on Twitter is that all 39 of yesterday’s arrestees have been released. Professor Celeste Langam reportedly sent out an email to friends on the faculty saying that she will make a public statement on her arrest at a later time. Meanwhile, a small group of activists spent the night in Sproul Plaza, apparently keeping one small tent up overnight. Next meeting scheduled for ten o’clock.
6:05 am | Yesterday the Berkeley administration made Occupy Cal an offer they had to know would be flatly rejected — the students and others could stay on Sproul Plaza, but with no tents. And no sleeping bags. Also no sleeping. And they would have to leave in a week. This wasn’t a good faith negotiation or an attempt to reach an accommodation that would — as Birgenau suggested he was hoping to — control “costly and avoidable expenses.” It was a piece of theater, a prelude to the use of police violence against peacefully demonstrating students on an American public university campus.
5:50 am| Lots to cover this morning, including the arrests of 39 people on the Berkeley campus, but I guess this is as good a place to start as any: Berkeley chancellor Robert Birgenau yesterday justified the bust of Occupy Cal with the following statement: “We simply cannot afford to spend our precious resources and, in particular, student tuition, on costly and avoidable expenses associated with violence or vandalism.”
Wow. That’s just … breathtaking.
5:46 am Pacific Time Thursday | I continued to track the events of last night (both Cal and Penn State) on Twitter yesterday evening, but didn’t manage to get back here for an overview post before literally falling asleep at my keyboard. It was a long day. Resuming coverage now.
5:59 pm Wednesday | Good roundup of the day up to now is here.
5:58 pm | Done with dinner. While I was gone the police retreated. Six arrests, apparently dozens of student injuries. All but two tents confiscated, but those two tents are still standing. Activists are requesting that the Berkeley administration explicitly — and publicly — declare that the police will not be directed to roust the encampment.
3:47 pm | Cops in riot gear are wading into the crowd with batons drawn, breaking the student line defending the tents. Activists are chanting “stop beating students” and “what law are we breaking?”
3:45 pm | Okay, I’m going to be late for dinner.
3:30 pm | I’m on the East Coast, and I’ve got dinner plans I can’t break. Back in a bit. I’ll be on twitter at @studentactivism as much as politeness allows.
3:20 pm | Latest tweet: “Police issuing a dispersal order. Against students. At a rally. On campus. At 3:15 on a Wednesday. That’s fucked up. #OccupyCal”
3:08 pm | As I just tweeted, it’s a hell of a lot easier to take down a tent with nobody in it. And a hell of a lot harder to bust someone who’s in a tent. If Occupy Cal succeeds in setting up an encampment, the UCPD situation changes dramatically.
3:05 pm | Have been tweeting rather than liveblogging for the last little while because so much is in flux, but it appears that Occupy Cal students moved immediately to set up tents after the GA vote, and that UCPD immediately swept in to take them down. But then students locked arms in a semi-enclosed part of the lawn to protect their friends, and tents got set up behind their line.
2:49 pm | The vote on the encampment at the GA was 456-1 with 12 abstentions.
2:44 pm | A Daily Cal reporter is tweeting that there are no votes in opposition to the encampment proposal and only a handful of abstentions.
2:40 pm | The initial UC occupations in the wave of student action that began a little over two years ago tended to be “closed,” meaning that students (and others) took over buildings and barricaded themselves inside, shutting them down. As the movement developed, it evolved in the direction of “open” occupations, in which folks occupied spaces but left them accessible to others while the occupation was going on. That shift was not accompanied by a corresponding shift in UC administrative tolerance of the occupations — notably, 66 people were arrested on December 11, 2009 in an early-morning police raid on an open, peaceful occupation of Berkeley’s Wheeler Hall.
It’s now looking like a new occupation strategy is being adopted at Berkeley — the open-air encampment. My hunch is that the administration will find mass arrests of such a group hard to justify, but they’ve never backed down before.
This is going to be interesting.
2:33 pm | Twitter reports say the proposal for an encampment is receiving serious discussion and debate at the Berkeley general assembly. One report from a reliable observer not long ago put the size of the GA at something like 1000 people. The Berkeley administration has said it won’t tolerate an encampment, but it’s hard to imagine them going through with arrests on anything like that scale, particularly if — as I assume it will — this occupation is of a lawn rather than a building.
2:25 pm | From the draft statement: “We will remain peaceful and non-violent. We will do everything to ensure the campus is a safe space and will not engage in vandalism. We will take care of each other and the space we create. We will organize. We will have fun. We will not end our encampment until we are ready.”
2:15 pm | The Daily Cal has the text of a draft statement from #OccupyCal establishing a UC Berkeley encampment.
1:50 pm | The Sproul rally marched to the Bank of America branch and back. Next up: A General Assembly meeting.
1:09 pm | Not much of a surprise, but now it’s official: Occupy Cal will be setting up an encampment today.
1:08 pm | Word on Twitter is that the Berkeley demonstrators will be marching on a Bank of America branch at Telegraph and Durant, just a block off campus right by the Sproul Plaza entrance.
1:00 pm | Just tweeted this: “UC admin has quieted student protest since 2009 with mass arrests. Now there’s 1000s out at Berkeley. What next? #OccupyCal”
12:50 pm | On Twitter @jpanzar says there are a lot of faculty at today’s rally. Given the way that UC profs have distanced themselves from UC student protest in the last year or so, that’s a big deal.
12:47 pm | Sign: “Arab Spring, Chilean Winter: Meet the American Fall.”
12:43 pm | The Daily Californian, Berkeley’s student newspaper, has an #OccupyCal liveblog up here.
12:40 pm | Today’s Berkeley rally began a little over half an hour ago. According to multiple on-the-scene observers, the crowd already numbers in the thousands.
12:27 pm Pacific Time | Today the Occupy movement is coming home to Berkeley, and early reports suggest this is already the biggest action to hit the Berkeley campus since the September 2009 walkout that launched the contemporary student movement nationwide.
See updates at bottom of post.
In 1998 Jerry Sandusky, a prominent assistant coach on Penn State’s top-ranked football team — and a possible successor to Joe Paterno as the team’s head coach — groped an 11-year-old boy in the team’s showers. The boy’s mother learned of this incident, she reported it to Penn State police. Sandusky later admitted to police that he had hugged the boy naked in the showers.
No charges were brought, and Sandusky retired the following year, retaining emeritus status at Penn State, an office in the university’s football building, and full access to the team’s facilities.
In 2000 Penn State janitors witnessed Sandusky performing oral sex on a male child in the football team’s showers. They reported the incident to their supervisor, who took no action. The janitors, fearing that they would lose their jobs if they took the matter forward, made no formal complaint about the incident.
In 2002 a Penn State graduate coaching assistant witnessed Sandusky anally raping a ten-year-old boy in the team’s showers. He told coach Joe Paterno, and then Penn State Athletic Director Tim Curley and Vice President for Finance and Business Gary Schultz, the latter of whom had authority over the university’s police. None of these officials reported the allegations to any police agency, nor did Penn State president Graham B. Spanier when he was notified.
Sandusky continued to have access to Penn State facilities, and to travel with the team, until his arrest Saturday on 40 counts of sexual abuse, allegations involving eight victims and incidents stretching from 1994 to 2009. Curley and Schultz have been indicted on perjury and failure to report charges stemming from the 2002 incident. Schultz has retired, and Curley has been placed on administrative leave, while Spanier and Paterno remain in their positions.
Spanier has said he has “complete confidence in how” Curley and Schultz “handled the allegations.” The university is paying the two men’s legal bills.
Paterno has more victories than any football coach in NCAA Division I history. His salary stands in excess of one million dollars a year, making him the highest-paid employee at Penn State.
Update | A statement from NCAA president Mark Emmert Monday evening condemned the sexual abuse of children but made no reference to the alleged Penn State coverup of Sandusky’s behavior.
Second Update | Paterno just canceled his weekly press conference, less than an hour before it was to begin.
Third Update, 12:20 pm | The New York Times is reporting that Penn State officials have decided that Paterno will not remain at Penn State, and that his departure could come “within days or weeks.”
Fourth Update, 1:25 pm | Now the Chronicle of Higher Education is reporting that support for Paterno and Spanier is “eroding” on the Penn State Board of Trustees, and that the board could vote to remove both as soon as Thursday.
Fourth Update, Wednesday 9:30 am | A thousand Penn State students marched in response to the ongoing crisis last night, many of them supporters of Coach Paterno. Some called for the resignation of President Spanier, while others simply declared their support for Penn State itself.
Fifth Update, Wednesday 10:10 am | The Associated Press is now reporting that Paterno will retire at the end of this season. Penn State’s trustees met last night by phone and will meet again this evening — they are expected to announce the formation of a committee to investigate the scandal on Friday.
If you enrolled in the University of California at Berkeley this fall, and you weren’t a California resident, you paid more than you would have if you had gone to Harvard.
That’s not a joke, or a misprint. Berkeley, a public university, now charges its out-of-state attendees more than Harvard does. Choose Harvard instead of Berkeley, and you’ll save enough to buy a top-of-the-line iPad. With a data plan.
“But that’s just out-of-state students!” I hear you cry. “The University of California is a state university, serving the people of the state of California! Out-of-state students should pay more!”
Well, yeah. Fair enough. But in-state tuition at Berkeley is now brushing up against fifteen grand, and even at that price it’s available to fewer and fewer Californians every year. Why? Because those higher-than-Harvard fees are really hard to pass up.
Berkeley’s out-of-state enrollment historically hovered around ten percent. But it rose to 15% two years ago as the current financial crisis hit, then jumped to 23% last year. For the fall of 2011, it skyrocketed to 29.8%. Even with increased enrollment overall, that translates to a loss of more than one thousand places for California residents in just two years.
Education activists talk about “privatization” of higher education a lot, and there’s a danger of that word losing its meaning through repetition. But here it is — privatization in action in the most concrete way. First Berkeley raises its out-of-state pricing to private university levels, and then it starts jacking up out-of-school enrollments to squeeze the most revenue out of its new policy. The public university withers, replaced by something very very different.
And this process is just getting underway. It’s going to get far worse before it gets better.
Update | An eagle-eyed commenter noticed that the webpage I used as my original source for Harvard’s rates omitted two apparently mandatory fees. Once those are taken into account, Harvard’s tuition costs remain slightly higher than Berkeley’s, for now at least. Once you factor in room and board, however, Berkeley takes the lead again — and by a slightly wider margin than I reported in the original version of this post. Full details in comments.
The Council of University of California Faculty Associations, an umbrella group representing faculty bodies throughout the UC system, has released a statement “in solidarity with and in support of the Occupy Wall Street movement now underway in our city and elsewhere” and is urging UC faculty to endorse that statement on an individual and collective basis.
OWS, they say, “aims to bring attention to the various forms of inequality – economic, political, and social – that characterize our times, that block opportunities for the young and strangle the hopes for better futures for the majority while generating vast profits for a very few.” The statement ends with a call for “all members of the University of California community to lend their support to the peaceful and potentially transformative movement.”
Good stuff. But it stands in stark contrast to CUCFA’s silence on the student protests that have been sweeping the UC system for more than two years, and its timidity in addressing the root causes of those protests.
The current wave of UC student agitation began in earnest in the fall of 2009, sparked by plans for huge tuition hikes in the system. In November of that year, one week before the Regents’ fee hike vote, CUCFA called for a “postponement” of the vote to ensure “transparency, accountability, and fair consideration of other options” in the decision-making process. They did not oppose the hike itself.
CUCFA was silent the following month when sixty-six Berkeley students were arrested in the course of a peaceful, non-disruptive occupation on campus, and they remained silent throughout the wave of protest and repression that followed. In November 2010 they expressed “concern” about an incident in which a UC police officer drew a gun on student protesters and the UC system lied about why, but they released no statement condemning the incident and took no action in opposition to it. They remained silent as well as student activists’ due process rights were violated in campus judicial proceedings
The University of California has engaged in a massive campaign of intimidation, disruption, and physical violence against student activists since 2009, and CUCFA has — as far as can be determined from their own website’s archive of their public statements — never once stood up in support of the students’ protests or in opposition to those protests’ suppression.
Is this OWS endorsement a first step toward a new CUCFA policy?
One can only hope.
Last Wedenesday students from dozens of campuses across the country participated in walkouts in support of Occupy Wall Street. After a hurried set of discussions over the weekend, organizers of those events called a second day of action for today.
Some 144 colleges in thirty states have announced plans for actions on the Occupy Colleges website, with more than fifty of them providing links to their protests’ Facebook pages. This may not be, as one widely-circulated prediction called it, “biggest student protest on US soil since 1970,” but it’s looking pretty big.
The official call to action slated 4:30 ET as the kickoff for today’s events, but a number of campuses are planning to start earlier. Check back here for updates as the day rolls on.

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