Official #UTDivest Statements, Chronologically Ordered:
Statement Concerning the Campaign of Slander by Hillel Members against UTSJP and #UTDivest:
February 14 at 12:43pm
Statement Concerning the Campaign of Slander by Hillel Members against UTSJP and #UTDivest:
February 14 at 12:43pm
UTSJP unequivocally condemns the slanderous campaign against us and the #UTDivest movement. Up until this point we have ignored UT Hillel and their outside backers due to their irrelevance. After being informed of the malicious lies Hillel members have been spreading against us, we cannot remain silent. The most obvious and most false tactic they have engaged in is claiming that we at UTSJP and the #UTDivest movement are anti-Semitic. This is a fear tactic Hillel uses on every campus and every institution where divestment is undertaken, and it is a complete falsehood. However, this falsehood has already scared some individuals into not taking a stand against social justice for the Palestinian people. This reprehensible lie is the only way the defenders of war crimes can spread their pernicious message.
It should be noted that to even become a member of UTSJP one must sign Article X, which expressly forbids and “condemns the racism and discrimination underlying the policies and laws of the State of Israel and rejects any form of hatred or discrimination against any group for religious, racial, ethnic, or any other reasons. SJP's great strength is in the diversity of its membership and therefore welcomes all individuals regardless of their ethnicity, religion, gender, sexual orientation, nationality, and age to join in solidarity with the struggle for justice in Palestine.” Anti-Semitic thoughts, comments, or actions do not make it into our organization, let alone be tolerated there.
Furthermore, our #UTDivest campaign is based in large part on the effort and work of Jewish organizations and individuals who have committed their lives, their hearts, and their brains to the struggle against Zionism and racism embedded in the policies of the State of Israel. We take our cue for divestment from the organization Jewish Voice for Peace, which explains that it “fully supports efforts to divest from companies that profit from Israel's occupation of the West Bank, Gaza, and East Jerusalem” and “absolutely reject the accusation that general divestment or boycott campaigns are inherently anti-Semitic.” JVP themselves are an endorsing organization of WeDivest, a campaign targeting pension funds to divest from some of the same companies we have targeted in our divestment resolution. Beyond this, UTSJP members have not only expressed their solidarity with Jewish brothers and sisters at conferences, workshops, and events with other SJPs from around the country, UTSJP members have received training from Jewish organizers themselves on how to conduct a divestment campaign targeting companies like those we have targeted.
The charge levied against us is a nefarious lie that circulates through ignorance. Those of us carrying the torch of justice are not intimidated by lies, and neither should any UT student who wishes to engage in the campaign for social justice.
Preparation for Tuesday Divestment Meeting
February 14 at 7:01pm
On Tuesday, February 17th UTSJP will be presenting our divestment resolution to UT Student Government (SU 2592) at 8pm. This is the culminating action of our #UTDivest campaign, and something UTSJP has been building towards since our inception four years ago in the summer of 2011.
This is a historic moment for us and our university. UT was nearly a decade late divesting from South African apartheid (we did not divest fully until 1989, while some other universities divested over ten years earlier), let's not make the same mistake again. We are on the forefront of the struggle against injustice, and this is something all UT students should be proud of, especially us SJP activists who have worked so hard for this over the years.
That means *YOU* must show up at the SG meeting (SU 2592) THIS TUESDAY, FEBRUARY 17th at 8PM! We need all the support we can get. We have #UTDivest t-shirts available now, and they will be available that evening as well. We are asking people to show up early, around 7:30pm to start planning and preparing. We want to fill the room, especially since UT Hillel and other opposition groups are already aware of our plans to submit our divestment resolution. We must make our presence known!
We've laid the groundwork, now we need every single one of you to come out and show your support! We're counting on you, don't miss this opportunity to take part in something as historic as this!
WHEN: Tuesday, Feb. 17th at 8pm (come at 7:30pm)
WHERE: UT Student Union Room 2592
Closed Meeting Status Update
February 16 at 12:45am
Members of UTSJP and #UTDivest have been made aware tonight that Student Government (with clear influence from the Jewish Federation of Toledo) is making Tuesday night a *closed* door meeting, intending to limit democratic debate and discourse on UT's campus. UT will have the sole distinction of being the *first* university to ever shut their doors to the public and to the student body at a divestment meeting in Student Government. No other student government has ever engaged in such a shameful show of undemocratic procedure. We at #UTDivest are doing everything in our power to challenge this development and make the meeting open and accessible to all of the student body, especially now that outside, non-student members have been invited to participate in the process. Now that the very essence of democracy is being challenged it is even more important that EVERYONE comes out to support #UTDivest on Tuesday night. We will provide updates as soon as possible. In the meantime, please read the full e-mail below:
"Notestine, Clayton Michael
Sun 2/15/2015 11:23 PM
To:
joel@jewishtoledo.org;
elizabeth@jewishtoledo.org;
Moses, Jessica A;
Hamdah, Shahrazad;
Aburaad, Saleh Tawfiq;
Sarsour, Nadeen;
Ide, Derek Alan;
Cc:
ELTatawy, Ali Rada;
Khambadkone, Trisha G;
Anderson, Colleen Rose;
Pitrof, Amanda L;
Hello Everyone,
Due to circumstances of the upcoming meeting we'll be conducting a special session to accommodate the divestment legislation. Some universities lose control because they allow guests who don't represent the student organizations to protest or speak during meetings. In order to support healthy debate and protect your organizations we've limited the amount of guests to the those who received this email.
If you have supporters coming to the meeting, understand we cannot allow all of them into the meeting room but are currently finding space so they can follow the meeting through other means. Steering understands that by inviting only two organizations (Student for Justice in Palestine and Toledo Hillel) we implied this issue is a religious one. Your two organizations contacted us prior to presentation and we made a hard decision to either create the implication or risk filling the room with students unaccountable for their behavior who the UT administration would count as one in broad strokes like at UC Berkeley.
Here is how the meeting will be structured:
1. Your organization is permitted 5 representatives (Please have a list of the 5 emailed to me before Tuesday at 5:00 p.m.)
2. Coin flip will decide who has the floor first. The other organization will be asked to sit outside during the opposition's report
2.1 We do this to prevent debate between our guests which is normally reserved for our voting senators
3. Your organization will be allowed to make official statements up to 10 minutes. (You may divide it up among speakers)
4. Everyone will be invited back into the room to watch the remainder of the session including senate debate and voting
5. Guests are permitted and encouraged to bring a one-sided sheet of paper to hand over to our senators. We have 35 senators.
5.1 Any additional handouts will not be permitted
This system was decided by steering and is non-negotiable. I know this will feel like a compromise for everyone and want to invite any questions by emailing me, my Vice-President, Ali Eltatawy, or giving me a call at the phone number provided below.
Regards,
Clayton M. Notestine
Student Government
Student Body President"
Closed Meeting Status Update #2
February 16 at 3:41pm
After a meeting with administrators, it remains unclear whether Student Government will allow the tenants of democracy to prevail on Tuesday evening by allowing the meeting to be open to the entire student body and public. We support complete transparency in this process, and will continue to update everyone as things progress. We have a meeting scheduled with the SG president later today. We hope things will be clarified this evening, and that the democratic process is not stifled at our university. #UTDivest
Closed Meeting Status Update #3
February 16 at 8:40pm
#UTDivest supporters,
As most of you know, Student Government has attempted to close tomorrow's meeting to limit democratic debate and discourse concerning divestment. However, after an extremely successful push back by #UTDivest and the student body at large, SG officials are reconsidering their position. At this time UTSJP has still not received word as to whether or not tomorrow's SG meeting will be closed or open. Despite this, we are still mobilizing *EVERYONE* to come out tomorrow. Please show up between 7-7:30pm. We want all of our supporters present, either in the meeting or the hallway outside if they attempt to close the meeting off to us. No matter their decision, we need your support!
When: TOMORROW, Tuesday (Feb 17th) at 8pm (Try to come between 7-7:30pm)
Where: UT Student Union Room 2592
We still have #UTDivest shirts available for supporters who attend the meeting.
Join the struggle for social justice at UT. See you tomorrow!
Closed Meeting Status Update #4
February 16 at 10:56pm
Official Status of the Meeting: Closed. However, the non-student JFT is no longer allowed to participate in the SG proceedings.
"Hello Everyone,
We had our second steering meeting and after an hour of debate we voted to keep the structured session for tomorrow. The decision was originally made due to a lack of space and resources to accommodate lots of guests. Even with an open meeting our room only supports about 30 additional guests who can sit comfortably (students are not allowed to stand in the back of the room.) Our primary goal is to support student democracy and student safety. After meetings today with administration and staff, Ali and Sam Aburrad reserved space in the Ingman room, additional police, and UTSG will be providing support for live streaming after talking with additional help.
Our biggest concern tonight during debate was ensuring safety and productive debate. There is a possibility students will attend representing neither organization. In order to protect our members and our representatives we decided to limit the first room to people who are committed to the legislation and not religious, cultural, or injustice. Otherwise we risk increasing the chances for violent protest, talking over speakers, and putting stress on an already contentious issue. We're hoping to have a result tomorrow night that is more akin to Ohio State or University of Michigan than UC Davis or UC Berkeley.
I'm still trying to provide more resources for the students in our room for the general public other than your leadership. The goal is to have a live stream so that the meeting is transparent.
Thank you everyone for bearing with us as we find more resources to accommodate such an important issue. If you still have any questions feel free to email or call me.
.....
One more additional factor - and this one is urgent.
We cannot allow individuals to speak who are not UT students when we are barring students from coming into the meeting. I greatly apologize if this throws a wrench into anyone's addresses during open floor. Unfortunately, Student Government cannot be held responsible for outside community members who we are not constitutionally mandated to protect and represent.
Thank you,
Clayton M. Notestine
Student Government
Student Body President"
Closed Meeting Status Update #4
February 17 at 10:15am
#UTDivest Supporters,
Today is the day for social justice to flourish at our university. Despite the obstacles set in our way by administration, by student government, and by outside interference, we still feel confident that our divestment resolution will win a majority of votes in Student Government. In order to help ensure this happens, we need you to be present TONIGHT!
When: TONIGHT, Tuesday (Feb 17th) at 8pm (Try to come between 7-7:30pm)
Where: Hall outside Student Union Room 2592 (Then Ingman room at 8pm)
Although SG and the administration has decided that open, democratic, and transparent discourse is something to be tossed away when convenient, the meeting will be closed to the student body and the public. Still, our supporters *must* line the halls before the meeting, and will be able to access a livestream in Ingman room down the hall from the SG meeting. All supporters will be able to view the proceedings there and, likewise, reconvene once the SG session finishes.
We need you there tonight. Don't miss an opportunity to partake in this historic struggle at the University of Toledo.
Post-Meeting Update
February 18 at 12:48am
Thank you to every single one of you who came out, watched the live stream, and participated in this movement in one way or another. As many of you are already aware, a mockery of justice and democracy took place tonight at the Student Government meeting to "debate" the divestment resolution. A cowardly, back-handed approach was taken to subvert democratic discourse and transparency. We have reason to believe this was a result-oriented procedure, and as such will be exploring our next immediate steps. #UTDivest is still alive and well. The shameful attempts to stifle this movement will not stop us. Please await a full statement, coming as soon as all the facts are collected. Justice is in our side, and we will prevail.
Official Post-Meeting Statement
February 18 at 1:35pm
The #UTDivest movement resolutely condemns the cruel parliamentarian absurdities that we were forced to endure last night. The University of Toledo’s Student Government decided a few days prior to the hearing to make it closed -- not just to the general public, but to most Toledo students. This was an unprecedented decision, and one which UTSJP and #UTDivest rejected fully in the name of transparency and open, democratic discourse. We lost the battle against this decision and decided to move forward within such narrow parameters provided to us because we knew the facts were on our side and had faith in the student senators to vote in favor of social justice. Heavily involved in this decision was the Jewish Federation of Toledo, not a student organization, who was going to be an unexplained exception to the rule; UTSJP had to fight hard for that to be changed, as well as for the right to live stream the event to the public. UTSJP has been on the forefront of every battle for transparency on openness, while Hillel and the Jewish Federation of Toledo have been actively engaged in hampering open debate and discourse among the student body and larger community.
Both UTSJP and Toledo's Hillel were given ten minutes to speak, ignoring the plethora of student groups supporting divestment, and falsely painting divestment as a religious dispute. Neither side was even permitted to be allowed to be in the room, or even watch the live stream, while the other side was speaking. When #UTDivest spoke second, they were immediately admonished upon entering with student government’s "concern" that they might have watched the live stream. Furthermore, the recording of the event's livestream was made private immediately afterwards, so that none of these disgraceful proceedings could be reviewed publicly.
This was all justified on the grounds that there were concerns about violence breaking out at the hearing, a totally baseless statement clearly painting largely Muslim and Arab divestment supporters as violent. It was also claimed that there was not enough room in student government chambers to accommodate everyone who wanted to come, so barring people from the public comment was somehow more democratic. Throughout the Student Union, as well as other places on campus, vastly larger auditoriums exist fully capable of holding the number of people who attended. It is possible that these procedures violate Ohio's law on open meetings.
A UTSJP handout was rejected on the grounds that it was not double-spaced, even though the Hillel fact sheet provided no facts or footnotes and was not double-spaced. UTSJP’s fact sheet was eventually allowed in after continued pressure, but precious time prior to the meeting had to be wasted pursuing this.
UTSJP was explicitly told that their resolution was constitutional by both the SG President and the Chief Justice. UTSJP was informed that it would pass such arbitrary scrutiny by the Student Judicial Council, a completely unregulated, arbitrary decision making body of nine who holds their proceedings in secret and provides no recourse or appeal, violating all pretense of due process. In fact, it had already been ruled unconstitutional by the SG Judicial Council in a 5-4 vote, apparently on the grounds that it was "one-sided." This was a secret throughout debate on the resolution. There was no chance to discuss it, nor was there any specification as to what part of Toledo's constitution requires that resolutions be supported by both sides.
Senior Vice President of Student Affairs has declared that “This was a Student Government meeting. Our role as administrators is not to impact the meeting in any sort of way. We have absolutely no input in terms of how Student Government runs their meetings or the decisions they make.” Yet, despite their attempt to hide it and publicly claim otherwise, all evidence suggests administrative and outside inference to create a result-oriented procedure. The Jewish Federation of Toledo released an e-mail explaining that they were “working diligently with Hillel and the University administration to defeat the motion.” Their interference in Student Government was apparent as well. Furthermore, a pre-emptive rationale for the unconstitutionality of the resolution was fed by Justice David Manor to one #UTDivest leader minutes before the meeting started was that that media and administrative interference had changed the dynamic in student government, as if this has any bearing on what's constitutional or not. David Manor, one of the architects of the “unconstitutionality” of the vote and a member of Hillel, immediately resigned after the 5-4 vote. Not only did Manor cite administrative interference, other SG members have done so privately as well, out of fear of backlash from the administration.
We at #UTDivest went in to this meeting expecting at least some semblance of fair play and due process, neither of which was granted to us. We unequivocally reject the circus that was last night’s proceedings, and condemn the flagrant violations of our rights and the discriminatory manner in which this has been handled. We likewise condemn the outside and administrative interference which has clearly played a significant role in shaping the events hitherto.
Resistance until victory!
Long live the struggle for social justice, at the University of Toledo and around the world!
Post-Meeting Update #2
February 19 at 11:49am
Our heartfelt congratulations are extended to both #StanfordDivest and #NUDivest. Your victories make all of us at #UTDivest proud. It is with your struggles in mind that we carry forward our own campaign that the administration and Student Government has attempted to silence. Stay tuned to #UTDivest as we pursue a renewed strategy to reintroduce our resolution and allow our voices to be heard.
IMPORTANT: #UTDivest's Full List of Demands
February 26, 2015
These are the terms on which the SJP has asked has asked its divestment resolution to be reviewed fairly and in compliance with the U.S. Constitution and Ohio’s Open Meetings Act:
- The SG needs to declare all proceedings on the SJP’s divestment resolution at last week’s meeting invalid, void, and of no effect, as having taken place in violation of student free speech rights under the First Amendment and the Ohio Open Meetings Act.
- The SG needs to agree to put the revised divestment resolution on its next regular meeting agenda on March 3, 2015.
- There needs to be a promptly issued remedial SG notice to the public and student body, inviting all to attend the next regular meeting on Tuesday, March 3, 2015 and assuring students that they will be allotted sufficient time to ask questions, receive answers to them, and inform their senators of their own views on the divestment resolution.
- The meeting needs to be conducted in accordance with the foregoing criterion.
- Ample time must be allocated for the SJP, as the resolution’s proponent, to explain its rationale fully and to respond to all questions; and for all supporting and opposing student organizations to state their own positions on the issue.
- All senators need to feel confident that they are fully informed on the issue and on the sentiments of the student body on it, before voting.
- The Senate vote must be an open vote, at which both students and the general public are entitled to be present and observe how each senator votes. Secret ballot voting is prohibited by law.
Important conceptual points:
The Student Government constitution designates the Student Senate as the forum where students can express their opinions and concerns on “any issues,” advocate for student legislation, and observe how their elected senators vote. Under this State’s Open Meetings Act, the SG meetings are required to be open to students and the general public. Secret ballot voting is forbidden by law.
***
The SG’s closed meeting violated students’ and senators’ First Amendment free speech and association rights. The U.S. Supreme Court has said: “[S]peech on matters of public concern…is at the heart of the First Amendment’s protection.” The First Amendment bars public universities and their student governments from banning political speech, even if it offends some listeners. This is a basic principle of every democratic society. A federal court and the U.S. Department of Education have enforced this rule to protect BDS activism on campuses. Discrimination against speech because of its message -- called “viewpoint discrimination” -- is unconstitutional.
***
There is no basis in the resolution or any of the SJP’s comments in support of it for the JC’s rationale that the resolution is “discriminatory.” Anti-Semitism is hatred of Jewish people based on their identity as Jews. But the resolution does not criticize “Jews.” It criticizes the policies and practices of a foreign country, the State of Israel. Divestment would end upon Israel’s compliance with international law and an end to Israel’s human rights violations. Critics of the resolution would carve out a unique status for Israel and its nearly half-century occupation, making criticism of it an unspeakable act of bigotry. But no country is above the international law or norms of human rights, and none is immune from criticism.
The absurdity of the accusation becomes manifest when it is compared to the parallel premises of other civil rights movements. The American grape boycott of the 1950s did not “discriminate” against the grape growers, but instead sought to enforce the workers’ right under the federal labor laws to organize into labor unions without being fired in retaliation. The U.S. Civil War did not “discriminate” against Southern slave owners by seeking to free the slaves from slavery. The U.S. civil rights movement of the 1960s and 1970s did not “discriminate” against whites by seeking equal rights for all. Nor was the call for BDS against South African apartheid was not hate speech against whites.
***
Finally, there cannot be a lawful rule against “one-sided” resolutions. Other students are equally free to create their own resolutions, if they disagree with this one.
***
All of this information comes from the letter drafted by UTSJP's lawyer, Barbara Harvey. The full letter can be read here: https://www.dropbox.com/s/98naedhqbc3yyhl/UTdivest-bh%20to%20UT-2.24.15.pdf?dl=0
#UTDivest Victory Yesterday, Forward with the Struggle Tomorrow!
March 5, 2015
The #UTDivest movement made history last night at the University of Toledo. In a resounding display of support for our resolution calling on UT to divest from corporations that violate Palestinian human and legal rights, Student Government voted 21 to 4 in favor. The #UTDivest movement commends the courage, integrity, and honor of those 21 senators who stood up for justice on Tuesday, March 3. The opposition attempted to silence the senators and intimidate them into not voting at all or voting against the resolution. In their heroic commitment to justice, our brave senators overwhelmingly saw through such disdainful tactics, and placed UTSG on the right side of history.
The #UTDivest movement also commends the Student Government for rectifying the errors it made in handling our divestment resolution at the Tuesday, February 17 meeting. Unlike the previous meeting, on March 3 Student Government facilitated an open, democratic debate that allowed those present to fully voice their beliefs, their concerns, and their testimony. It was a model for openness and transparency at our university, something that #UTDivest strives to accomplish.
It has been a long time since a coalition as strong and diverse as the #UTDivest movement has come together at UT. We have not seen the likes of a student movement of this size and magnitude since the divestment initiative spearheaded by the Black Student Union against South African apartheid in the 1980s. This movement could not have accomplished anywhere near what it has thus far without the support of a beautifully diverse coalition of student leaders and community activists, all of whom have a stake in the dignity and moral rectitude of our university as a central institution in our city. Among others, the #UTDivest movement sends our warmest regards and deepest sincerity to the International Student Association (ISA), the Student African American Brotherhood (SAAB), the Muslim Student Association (MSA), the Feminist Alliance (UTFA), the Community Solidarity Response Network (CSRN), and the various local church organizations, all of whom provided essential support for our movement. We desire to repay the debt; solidarity is a central tenant of our movement. We also thank the US Campaign to End the Israeli Occupation, Jewish Voice for Peace, the Institute for Middle East Understanding, the National Lawyers Guild, Palestine Solidarity Legal Support, and the Center for Constitutional Rights, for their tremendous help in fighting for democracy and transparency on UT’s campus. Finally, we thank every single individual who has aided the #UTDivest movement, no matter how large or small the contribution was. Without your help this movement could not, and cannot, succeed.
Yet, it is vital to understand that in spite of our symbolic victory through Student Government, the real struggle has only now begun. Already Interim President Nagi Naganathan and UT Foundation President Brenda Lee have issued a statement on behalf of the administration proclaiming that they are willing to ignore the demands for justice by UT students: “Just like at many universities and colleges across the nation where during the last 15 years this debate has taken place, the University of Toledo and the UT Foundation do not support the divestment called for in the Student Senate resolution.” This position is a cowardly acquiescence to injustice. In the 1980s the Black Student Union faced a mixture of conciliation and consternation from James McComas, then UT president when BSU presented their demand for divestment. In the end, the BSU and its allies won the struggle for divestment, and McComas showed the courage to honor the will of the people. Today’s administration refuses even to consider UT students’ demand for justice. Thus, our struggle continues unabated to persuade the university to comply with the moral and ethical obligations it proclaims to uphold.
We must move forward with our plans for a student-wide referendum, asking the student body to support divestment as a collective whole. We have the support of Student Government and the leaders therein, and now we must show that UT students as a whole are champions of social justice, and not just passive bystanders. Hillel has already proclaimed its intent to run an anti-divestment campaign if we pursue a referendum. We accept their challenge. In order to meet this challenge, however, #UTDivest needs volunteers to collect and gather student signatures. Our deadline is March 30, and while we only need two hundred signatures to place divestment on the ballot, we want hundreds more. Our movement has reached into the lives of many UT students already, but we need it to reach every UT student. Every organization, every group, and every individual should be debating divestment. If you can provide any help, please contact a member of the UTSJP steering committee and they will provide you with instructions for gathering signatures. This is our moment. Let us all stand together, hand in hand, on the right side of history.
Resistance until victory!
The #UTDivest Team
IMPORTANT: #UTDivest's Full List of Demands
February 26, 2015
These are the terms on which the SJP has asked has asked its divestment resolution to be reviewed fairly and in compliance with the U.S. Constitution and Ohio’s Open Meetings Act:
- The SG needs to declare all proceedings on the SJP’s divestment resolution at last week’s meeting invalid, void, and of no effect, as having taken place in violation of student free speech rights under the First Amendment and the Ohio Open Meetings Act.
- The SG needs to agree to put the revised divestment resolution on its next regular meeting agenda on March 3, 2015.
- There needs to be a promptly issued remedial SG notice to the public and student body, inviting all to attend the next regular meeting on Tuesday, March 3, 2015 and assuring students that they will be allotted sufficient time to ask questions, receive answers to them, and inform their senators of their own views on the divestment resolution.
- The meeting needs to be conducted in accordance with the foregoing criterion.
- Ample time must be allocated for the SJP, as the resolution’s proponent, to explain its rationale fully and to respond to all questions; and for all supporting and opposing student organizations to state their own positions on the issue.
- All senators need to feel confident that they are fully informed on the issue and on the sentiments of the student body on it, before voting.
- The Senate vote must be an open vote, at which both students and the general public are entitled to be present and observe how each senator votes. Secret ballot voting is prohibited by law.
Important conceptual points:
The Student Government constitution designates the Student Senate as the forum where students can express their opinions and concerns on “any issues,” advocate for student legislation, and observe how their elected senators vote. Under this State’s Open Meetings Act, the SG meetings are required to be open to students and the general public. Secret ballot voting is forbidden by law.
***
The SG’s closed meeting violated students’ and senators’ First Amendment free speech and association rights. The U.S. Supreme Court has said: “[S]peech on matters of public concern…is at the heart of the First Amendment’s protection.” The First Amendment bars public universities and their student governments from banning political speech, even if it offends some listeners. This is a basic principle of every democratic society. A federal court and the U.S. Department of Education have enforced this rule to protect BDS activism on campuses. Discrimination against speech because of its message -- called “viewpoint discrimination” -- is unconstitutional.
***
There is no basis in the resolution or any of the SJP’s comments in support of it for the JC’s rationale that the resolution is “discriminatory.” Anti-Semitism is hatred of Jewish people based on their identity as Jews. But the resolution does not criticize “Jews.” It criticizes the policies and practices of a foreign country, the State of Israel. Divestment would end upon Israel’s compliance with international law and an end to Israel’s human rights violations. Critics of the resolution would carve out a unique status for Israel and its nearly half-century occupation, making criticism of it an unspeakable act of bigotry. But no country is above the international law or norms of human rights, and none is immune from criticism.
The absurdity of the accusation becomes manifest when it is compared to the parallel premises of other civil rights movements. The American grape boycott of the 1950s did not “discriminate” against the grape growers, but instead sought to enforce the workers’ right under the federal labor laws to organize into labor unions without being fired in retaliation. The U.S. Civil War did not “discriminate” against Southern slave owners by seeking to free the slaves from slavery. The U.S. civil rights movement of the 1960s and 1970s did not “discriminate” against whites by seeking equal rights for all. Nor was the call for BDS against South African apartheid was not hate speech against whites.
***
Finally, there cannot be a lawful rule against “one-sided” resolutions. Other students are equally free to create their own resolutions, if they disagree with this one.
***
All of this information comes from the letter drafted by UTSJP's lawyer, Barbara Harvey. The full letter can be read here: https://www.dropbox.com/s/98naedhqbc3yyhl/UTdivest-bh%20to%20UT-2.24.15.pdf?dl=0
#UTDivest Victory Yesterday, Forward with the Struggle Tomorrow!
March 5, 2015
The #UTDivest movement made history last night at the University of Toledo. In a resounding display of support for our resolution calling on UT to divest from corporations that violate Palestinian human and legal rights, Student Government voted 21 to 4 in favor. The #UTDivest movement commends the courage, integrity, and honor of those 21 senators who stood up for justice on Tuesday, March 3. The opposition attempted to silence the senators and intimidate them into not voting at all or voting against the resolution. In their heroic commitment to justice, our brave senators overwhelmingly saw through such disdainful tactics, and placed UTSG on the right side of history.
The #UTDivest movement also commends the Student Government for rectifying the errors it made in handling our divestment resolution at the Tuesday, February 17 meeting. Unlike the previous meeting, on March 3 Student Government facilitated an open, democratic debate that allowed those present to fully voice their beliefs, their concerns, and their testimony. It was a model for openness and transparency at our university, something that #UTDivest strives to accomplish.
It has been a long time since a coalition as strong and diverse as the #UTDivest movement has come together at UT. We have not seen the likes of a student movement of this size and magnitude since the divestment initiative spearheaded by the Black Student Union against South African apartheid in the 1980s. This movement could not have accomplished anywhere near what it has thus far without the support of a beautifully diverse coalition of student leaders and community activists, all of whom have a stake in the dignity and moral rectitude of our university as a central institution in our city. Among others, the #UTDivest movement sends our warmest regards and deepest sincerity to the International Student Association (ISA), the Student African American Brotherhood (SAAB), the Muslim Student Association (MSA), the Feminist Alliance (UTFA), the Community Solidarity Response Network (CSRN), and the various local church organizations, all of whom provided essential support for our movement. We desire to repay the debt; solidarity is a central tenant of our movement. We also thank the US Campaign to End the Israeli Occupation, Jewish Voice for Peace, the Institute for Middle East Understanding, the National Lawyers Guild, Palestine Solidarity Legal Support, and the Center for Constitutional Rights, for their tremendous help in fighting for democracy and transparency on UT’s campus. Finally, we thank every single individual who has aided the #UTDivest movement, no matter how large or small the contribution was. Without your help this movement could not, and cannot, succeed.
Yet, it is vital to understand that in spite of our symbolic victory through Student Government, the real struggle has only now begun. Already Interim President Nagi Naganathan and UT Foundation President Brenda Lee have issued a statement on behalf of the administration proclaiming that they are willing to ignore the demands for justice by UT students: “Just like at many universities and colleges across the nation where during the last 15 years this debate has taken place, the University of Toledo and the UT Foundation do not support the divestment called for in the Student Senate resolution.” This position is a cowardly acquiescence to injustice. In the 1980s the Black Student Union faced a mixture of conciliation and consternation from James McComas, then UT president when BSU presented their demand for divestment. In the end, the BSU and its allies won the struggle for divestment, and McComas showed the courage to honor the will of the people. Today’s administration refuses even to consider UT students’ demand for justice. Thus, our struggle continues unabated to persuade the university to comply with the moral and ethical obligations it proclaims to uphold.
We must move forward with our plans for a student-wide referendum, asking the student body to support divestment as a collective whole. We have the support of Student Government and the leaders therein, and now we must show that UT students as a whole are champions of social justice, and not just passive bystanders. Hillel has already proclaimed its intent to run an anti-divestment campaign if we pursue a referendum. We accept their challenge. In order to meet this challenge, however, #UTDivest needs volunteers to collect and gather student signatures. Our deadline is March 30, and while we only need two hundred signatures to place divestment on the ballot, we want hundreds more. Our movement has reached into the lives of many UT students already, but we need it to reach every UT student. Every organization, every group, and every individual should be debating divestment. If you can provide any help, please contact a member of the UTSJP steering committee and they will provide you with instructions for gathering signatures. This is our moment. Let us all stand together, hand in hand, on the right side of history.
Resistance until victory!
The #UTDivest Team
This Is Our Victory!
APRIL 27, 2015
APRIL 27, 2015
This is our victory. In this historic referendum 57.13% of the voting student body approved of #UTDivest. Over 1,100 students voted YES to our university’s mission statement of “improving the human condition” by divesting from companies that violate international law and human rights. Despite all the tricks and maneuvers, the misleading lies and slander, the fear-mongering paid advertisements, and the unilateral changing of our referendum language, we still won a strong majority of the hearts and minds of UT students. Contrary to what the opposition to divestment would have you believe, it is not us who are marginal, it is them. It is not us who are a minority, it is them. In their celebration of the vote not meeting the arbitrary two-thirds requirement to pass, the opposition has proven nothing more than that they are exactly what they celebrate: a minority. Those who believe in social justice for the Palestinians are a majority on UT’s campus. The numbers cannot be more lucid.
One prominent anti-divestment ideologue put it this way: “[UT] was one of the most difficult campus BDS environments that those who are involved nationally in fighting the BDS movement have experienced.” His words speak volumes to mass popular sentiment in favor of divestment at our university. The opposition had to work with lies, half-truths, and misinformation to garner even the paltry minority vote they received. We are part of not just a national, but an international movement for social justice. As the great people’s historian Howard Zinn once said, “You cannot be neutral on a moving train.” The divest train is moving.
The tenacity, courage, and resilience of the students who put their hearts and minds to the task of making their university a better place and struggling for social justice cannot be underestimated. Every individual and every organization who took part in this movement should not only be proud of themselves for struggling against a hostile administration and a vicious propaganda machine, they should also take pride in the fact that in so many ways we have won. This is our victory, both as participants in #UTDivest but also collectively as students at the University of Toledo. We have received recognition of our movement not only from around the country; it has been celebrated all the way in the beleaguered Gaza Strip.
The obstacles we faced were enormous. The administration, in conjunction with at least one member of Student Government, unilaterally changed our referendum text without informing either us at #UTDivest or the Student Government representatives who voted on our original referendum. For the administration, changing the framing and context of our referendum was integral in their attempt to defeat it. In their altered language they presented divestment as an initiative by a small group of students in SJP, and not as a campus-wide issue that many student organizations supported (including, but not limited to, the Student African American Brotherhood, the International Student Association, the Muslim Student Association, the UT Feminist Alliance, etc.). Furthermore, they struck an entire paragraph documenting how divestment would align with UT’s mission statement of “improving the human condition,” and completely removed the fact that Student Government voted overwhelmingly (21-4) in favor of divestment. This undemocratic, opaque way of operating is not a new tactic employed by the administration.
At every juncture participants in #UTDivest fought for openness, for transparency, and for democracy on campus. In doing so we not only broke the flood gates for discourse about Palestine on this campus, we created a campus climate and culture conducive to open, democratic debate. We challenged every infringement upon students’ rights to participate in this process. Whether it was the reprehensible 5-4 judicial decision claiming our divestment resolution was unconstitutional, or the closed meeting that kept UT students from participating in this important discussion, #UTDivest has been on the side of the people.
The administration, non-student groups, and the student opposition worked in unison, putting forth a concerted effort to enervate one of the foundational principles of any academic institution, namely, to facilitate the intellectual growth of its student body. Consistent with the opposition’s desire to stifle debate and close discussion, the opposition celebrated the inability of student government senators to vote on the resolution. They were also integral in keeping the student body out of the meeting. They proclaimed it was inappropriate for student government to vote on something without hearing the student body voice. After student government eventually voted overwhelmingly in our favor, the opposition proclaimed that it was now inappropriate for students as a whole to vote on the referendum. The JFT, a non-student organization, mobilized all of its resources to try and kill the referendum before it went to a vote.
What has been very evident throughout this entire process is that the opposition simply did not want UT students to vote at all, in any capacity, in any circumstance. Both the 21-4 vote and the 57.13% majority we won explain why. The opposition fears democracy and detests social justice, as evident in their underhanded tactics to shut this movement down.
Coupled with administrative interference and the opposition’s attack on democracy, there was a slick well-funded propaganda machine that based its arguments on falsehoods and slander. The primary aim of the opposition was to portray supporters of divestment as anti-Semitic, a claim so tenuous it could not withstand the most basic scrutiny. Many Jewish students voted to divest, and Jewish community members and organizations, like Jewish Voice for Peace, wrote resoundingly powerful statements in favor of divestment. When it was clear this claim did not hold water, the opposition tried desperately to grasp at any rope they could. They moved quickly to explain how this would “harm” UT students, insinuating with their insulting and elitist advertisements that UT students would become fast-food workers if they voted for divestment. This is a direct insult to the millions of Americans striving to earn a living in low-paying service sector jobs. Despite the fact that there was no truth to the statements, and no historic precedent they could cite, the opposition tried hard to push this falsehood. Noticeably absent in their strategy was any defense of Israel or Israeli policies at all. They could not defend Israel’s actions, and so they avoided the issue completely.
In the email sent by Student Government President to UT students the morning of April 27 announcing the results of the vote, divestment was characterized as "contentious" and "an incredibly difficult topic.” While the opposition avoided the issue of Israeli policies and Palestinian suffering, we have not:
* Between 1955 – 2013, Israel has been the target of 77 resolutions condemning its actions.
* The UN estimates that there will be no drinkable water left in Gaza by 2016, and that Gaza will be *unlivable* by 2020 (Al Jazeera, April 18, 2015).
* One study conducted in 2012, before the most recent deadly attack on Palestinians in 2014, showed PTSD levels to be at 56.8% among adolescents in Gaza (Journal of Traumatic Stress).
* From December 27, 2008 through January 18, 2009, Israeli forces indiscriminately killed 1400 Palestinians, including some 300 children (21%) and hundreds of other unarmed civilians (Amnesty International).
* Over a period of 50 days last summer, 2192 Palestinians, including 519 children were massacred by Israeli forces. In addition, the “UN estimated that about 18,000 housing units were destroyed or rendered uninhabitable, leaving approximately 108,000 people homeless. A further 37,650 housing units were damaged” (Amnesty International).
* A 2013 report by Amnesty International describes restrictions on movement imposed by Israeli authorities to “[amount] to collective punishment of the population of Gaza and the West Bank, in violation of international law.”
We do not believe divestment is “contentious” or “incredibly difficult.” Society’s intolerable injustices do not require the search for a full consensus on what perfect justice looks like. We support divestment because we believe in human rights and international law. We believe UT should strive to actually implement its ethical and moral commitments, and adhere to its own mission statement of “improving the human condition.” The majority of UT students agree with us. #UTDivest has created a movement on campus, a movement so resilient that it will continue to grow, to learn, to evolve, and to win. We will continue to work with and organize alongside all organizations that support social justice, and will struggle to ensure that UT is a place where human life is more important than profit. Consciousness has been raised, bodies have been moved, hearts and minds have been won. The arc of the moral universe is long, but it bends towards justice. #UTDivest will continue to move forward in the struggle for justice.
This is our victory!
No comments:
Post a Comment