Negotiations May Settle Wheeler Protesters' Hearings

The hearings for the 32 protesters who occupied Wheeler Hall in April may be over within the next few days.

UC Berkeley officials and the protesters' attorneys have been negotiating to settle the charges against the protesters.

"The process has been fruitful," said Jason Cox, an attorney representing the protesters. "It appears that there have been some good faith discussions that have been going on that may lead to settlement."

UC Berkeley attorney Mike Smith would not comment on the Wheeler hearings negotiations.

The university charged 32 members of Students for Justice in Palestine, who occupied Wheeler Hall during an April 9, 2002 protest, with classroom disruption, a violation of the Code of Student Conduct. Their hearings have been pending for 10 months.

Cox speculated that the reasons for the university's push for settlements with the protesters was because of the increasing cost of the hearings.

Smith said the cost of the hearings had no effect on the negotiations.

"That's the cost of doing business," Smith said. "There's an expense to hearings. That's just part of the university process."

The university also has a dilemma of holding a "double standard" with the Wheeler Hall protesters and members of the UC Berkeley Rally Committee, Cox said.

In the days after the Big Game victory in November, members of the Rally Committee paraded the Stanford Axe into several lecture halls. Some faculty raised concerns about the Rally Committee's disruption of classes.

Smith said he did not know if the university is pursuing any disciplinary action against Rally Committee members.

A source close to the hearings said the university asked the protesters to forfeit their right to sue UC Berkeley as part of the settlement.

UC Berkeley officials added the provision to their settlement after learning of the protesters' attorneys intent to a civil lawsuit against the university regarding its handling of evidence, the source said.

The university used evidence from police reports after the protesters were found "factually innocent" by an Alameda County Superior Court judge in June.

The judge ordered that the evidence pertaining to the protesters' arrests be sealed.

The university decided to delete the word "arrest" from its evidence until they received the official court order in November. After the order, the university decided to restart the hearing process and select a new student conduct committee.

Cox said the Wheeler legal team is "willing to consider" this offer, but it is up to the students involved on whether they accept the settlement. One of the 32 students may have recently accepted the university's settlement offer, Cox added.

Smith said most student conduct cases are settled "mutually" before going to hearings.

"Normally in the student conduct process, there's always an opportunity for students and the university to mutually agree for resolution," Smith said.

The protesters' attorneys won a substantial victory in December when the university released undergraduate degrees to the seniors charged with violating student conduct rules. It is unclear whether these students will continue to face hearings, Cox said.

The hearing for Wheeler protester Roberto Hernandez is scheduled for Friday. He said it is a "possibility" the hearings may be settled, but added the ball is now in the university's court during negotiations.

Cox said there will be more discussions with university officials regarding settlement today and tomorrow.

Tags: