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Friday, December 05, 2003
# posted by Kevin @ 8:00 AM

Breaking...
Graduate Assembly approves possible lawsuit against University
Vows to fight new University oversight mechanisms
Will pursue lawsuit if negotiations break down.


Graduate Assembly Press release:
Berkeley, CA - The Graduate Assembly (GA) of the University of California, Berkeley has made a historic decision to go as far as necessary to protect the free speech rights of all students on this campus. "We simply felt that the time had come to take a step forward against the attempts of the University to curb our ability to participate in the political process," comments Graduate Assembly President Jessica Quindel. Citing two court cases (ASUCR v. Regents and Bd. of Regents of the Univ. of Wisconsin Sys. v. Southworth) the Assembly approved a motion to enter into negotiations with the University over their most current reading of University policy, and, if necessary, to institute litigation over the interpretation.

Takeshi Akiba, the Chair of the GA Organization and Rules Committee and a doctoral student in the Jurisprudence and Social Policy program, argued, "Forty years ago, the Free Speech Movement on this campus demanded the right of students and student groups to support political campaigns. Since then, UC Berkeley has established its identity as a place where civic participation is valued both as students' right and as part of university's mission. We as a community must protect our First Amendment Rights and our legacy."

Although the Chancellor agreed to allow the Graduate Assembly to pay off the debts incurred during the No on 54 campaign with student commercial revenues, he further restricted spending of student fee and commercial revenue money by both the Associated Students of the University of California (ASUC) and the GA. Upon hearing of the decision, ASUC External Affairs Vice President Anu Joshi stated, "We stand firm with graduate students in our belief that they acted within the University, system-wide, and court-ordered policies currently in place, and are disappointed in the Chancellor's attempt to curtail our ability to participate in the political process".

The decision by the Assembly was made based on three key pieces of evidence:

1. The 1994 Memoranda of Understanding between the Chancellor and the ASUC clearly defined the separation between student government and the University; hence the GA should not be considered an official unit of the University.
2. Elected officials in student governments are in place to represent students both on and off campus, and the UC Office of the President 1999 Guidelines clearly state that student government may participate in political activities.
3. Financial affairs are already mediated by a University entity, the ASUC Auxiliary. It is charged with maintaining the fiscal soundness of the Graduate Assembly and the ASUC; therefore, there is no need for further scrutiny by any other University body.

"The University is trying to have it both ways. It trots out its "student government is a 'official unit' of the University" argument when it wants to control student speech, then affirms student government independence when that's what serves its interests. The GA is here to say, 'No - student government can and will represent student views on issues that students want to lobby for, and the University may not stand in their way'," said one of the GA's attorneys, Michael Sorgen.

"No doubt exists in my mind that our position is solid and affirms the rights of all students. Our lawyers will attempt to negotiate with the University, but if they refuse to negotiate, we will be forced to pursue litigation," stated Ms. Quindel.
More as it develops...
This is the Daily Cal's last day of publication, so dunno how closely they'll be covering this.

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