FAQ

Please consider the following questions to understand the propriety of UC San Diego's administration's removal of the encampment on the morning of March 6, 2024. The answers have been screened for veracity according to the records cited here and the legal counsel.

1. What are the legal frameworks that contextualize the May 1-May 6 encampment?

Camping is not free expression. Supreme Court case: Clark v. Commun. for Nonviolence, 468 U.S. 288 (1984). See also California state law and university policy on camping.

The First Amendment protects free speech. Since October 2023, 40+ rallies, protests, and free expression events (ranging from a couple participants to ~2,500 participants) have been held at UC San Diego and supported with campus space, staff, and security. After May 6th, UC San Diego supported the annual Week 6 (Justice in Palestine) and Week 7 (Peace in Israel) programs. See https://freespeech.ucsd.edu/.

Title VI requires an environment free of racial hostility. “A school or college violates Title VI if it intentionally treats persons differently or otherwise causes them harm because of their race, or if a school or college creates or is responsible for a racially hostile environment.” See US Dept of Ed Fact Sheet.

2. Who has authority over campus safety?

The Chancellor has delegated authority from the Regents and President. The Chancellor is responsible for the organization, internal administration, operation, financial management, and discipline of the campus, within the budget and policies approved by the Regents and/or the President of the University.”

3. How was the decision made to remove the encampment?

After 5 days of communications with camp liaisons, factors that influenced the removal decision included: violations of agreements between the camp and administration, intentional lack of camp leadership with whom to communicate in good faith; escalation of risks including to the health and safety of those inside and outside the camp; increasing number and intensity of counter-protests; takeover of public property and restriction of access to public property; denying access to fire and health inspectors; restricting access to nearby buildings and services; briefings of camp-related incidents across the country and at the UC; regular conversations with campus leaders, Academic Senate chair, Office of the President, Regents, internal and external constituents, and public safety experts; and the risk of camp growth rising to a level that could no longer be secured.

4. Was there violence between the camp, other protesters, and police on May 6th?

There were two separate incidents on May 6th. Prior to dispersing the camp, there was a 20-minute public announcement period declaring an unlawful assembly and stating that participants could walk away, and some did. After this period, the dispersal of the camp was orderly and calm.

Later, on May 6th, several hundred protesters (students and non-affiliates) interfered with the arrest process by attempting to break through doors and windows at the Price Center, surrounded and pounded on sheriff vehicles, and obstructed the movement of officers and vehicles. Violence and aggression from the crowd increased and protesters pushed into police officers, lunged at police officers, and grabbed batons. The crowd surrounded the officers, pushing them back several hundred feet, and the officers retreated into buildings. There were a handful of altercations between protesters and officers during this period.

5. Can we guarantee amnesty for students?

The Office of the President (May 9) directed that pre-determined amnesty is not an option, rather, “Any member of the university community who is arrested for unlawful behavior or cited for a violation of university policy must go through the applicable review process, such as student code of conduct or employee disciplinary process.” Each disciplinary case is unique and hearing officers must consider many factors, including prior student conduct records, as well as a full range of appropriate sanctions.

To learn more, see the Encampment Fact Sheet.