Thursday, December 22, 2011

December 14th--Joint Legislative Hearing Agenda

Joint Informational Hearing
Senate Committee on Education and Assembly Committee on Higher Education UC and CSU Policies, Procedures, and Responses: Campus Police and On-Campus Demonstrations
Wednesday, December 14, 2011 10:00 a.m. – 12:00 p.m. John L. Burton Hearing Room 4203

AGENDA
1. Welcome and Hearing Purpose
Are there tools/policies that the Legislature should support or implement to facilitate the effective management of non-violent campus demonstrations, while ensuring freedom of speech, assembly and public safety?
2. “Use of Force” Policies, Procedures, and Responses
• What are the standards/policies/training that govern the “use of force” by law enforcement entities?
• What are the bounds of legal free speech? What is an appropriate police response to nonviolent but illegal activity?
• Are there “best practices” for addressing non-violent campus demonstrations?

Michael Risher, Attorney American Civil Liberties Union
Barbara Attard, Police Practices Consultant, Accountability Associates
Formerly - San Jose Independent Police Auditor Chief Investigator, Berkeley Police Review Commission President, National Association of Civilian Oversight of Law Enforcement (NACOLE)
Calvin Handy, Chief of Police, Emeritus University of California, Davis
POST Crowd Management & Civil Disobedience Guidelines
http://lib.post.ca.gov/Publications/CrowdMgtGuidelines.pdf
Headwaters Forest Defense v. County of Humboldt
http://caselaw.findlaw.com/us-9th-circuit/1178646.html (long) http://caselaw.findlaw.com/us-9th-circuit/1332957.html (short)
Copley Press, Inc. v. Superior Court of San Diego County
http://caselaw.lp.findlaw.com/data2/californiastatecases/S128603.PDF (long) http://caselaw.findlaw.com/summary/opinion/ca-supreme-court/2006/08/31/143113.html (short)
3. UC and CSU Systemwide Policies and Procedures
• What systemwide and/or statewide programs/policies/tools are in place to address campus demonstrations?
• Are there systemwide “best practices” for addressing non-violent campus demonstrations?
• In what instances is “use of force” authorized and who makes that determination?
• What systemwide activity is being undertaken in response to recent campus incidents?

University of California
Mark G. Yudof, President
University of California
Charles Robinson, Counsel
University of California
California State University
Dr. Ben Quillian, Executive Vice Chancellor and Chief Business Officer Chancellors’ Office, California State University
Dr. Nate Johnson, Chief Law Enforcement Officer
California State University Systemwide
Universitywide Police Policies and Administrative Procedures


4. Campus Policies and Procedures
• What campus-based programs/policies/tools are in place to address campus demonstrations?
• Are there policies/standards/training in place for campus police to prevent non¬violent demonstrations from becoming violent?
• In what instances is “use of force” authorized and who makes that determination?
• What steps are being taken locally to respond to recent incidents on the UC Davis campus?

Chancellor Linda P.B. Katehi, University of California, Davis
Dr. John Welty, President, California State University, Fresno
UC Davis Use of Force Policy

5. Student/Campus Organized Demonstration

• What policies/procedures are followed by student organizations when there is a decision to demonstrate?
• How is the protection of students assured?
• What are the controls for protesters who do not abide by your policies?

UC Student Association (UCSA)
Claudia MagaƱa, Student, University of California, Santa Cruz President, UCSA
California State Student Association (CSSA)
Aissa Canchola, Student, CSU Fullerton and Chair, CSSA Sean Richards, Student, Sonoma State Vice-President, CSSA.
UC Policies Applying to Campus Activities, Organizations and Students

UC Davis Campuswide Administrative Policies and Regulations

CSULB Regulations for Campus Activities, Student Organizations & the University Community


1. Public Comment
2. Closing Statements