UCSC Filed Claim for Kerr Hall Damages and May Have Been Reimbursed

from indybay:

SANTA CRUZ, CA – In the recently released itemized receipts (which can be found here ) from Kerr Hall there are a few interesting things that may at first go unnoticed but may provide evidence that the UCSC administration has at the very least filed a claim for damages that occurred at Kerr Hall because of the occupation and possibly even was reimbursed for the costs. This may mean that UCSC students are being charged for things that have already been paid for, which raises questions about the validly and legality of those restitution charges.

On pages 1-17 there is a hand written note “Claim #2010102980” and on some pages there is also a hand written note “W000339640” accompanying the claim number.

Furthermore when American Technologies Inc. (ATI) sent their invoice to UCSC for their cleaning services, found on page 18, they sent a courtesy copy of the invoice to “Sedgwick Claims Management Services” at a P.O. box in Lexington, KY.

It would make sense for an institution as large as UCSC to carry property insurance especially on a property as valuable and important to the administration as Kerr Hall. Further research on the UC Office of the President (UCOP) website turned up information about “Sedgwick Insurance Claims Services”. The UCOP website describing the systemwide property insurance policy which covers all buildings and their contents owned the Regents, found here, states the third party claim manager as “Sedgwick CMS” with a listed address that is the same as the Lexington, KY address on the ATI invoice.

Based on this, one can easily infer with some confidence that UCSC administration filed a claim with Sedgwick for the damages that occurred at Kerr Hall during the occupation in November. If this is true the next question would then be, is it likely that UC’s insurance accepted the claim and reimbursed the school for damages?

Many commercial insurance policies do not provide coverage for damages that result from riots or other public disturbances and on further inspection of the UCOP property insurance page there is a list of what is generally covered and excluded from the property insurance plan, found here. It lists that vandalism is covered under the University’s insurance policy. While we cannot be sure as we do not have access to the actual policy terms for the University’s insurance it appears that the damage at Kerr Hall would be covered by the University’s property insurance. Furthermore, the University describes the damages that occurred at Kerr Hall as the result of “vandalism” (this can be found on the ATI invoice).

If the University’s claim was approved by the insurance company and was reimbursed how much then did the University pay out of pocket? The same website which lists what is generally covered and excluded from the University’s property insurance plan also lists the deductible for the plan. The deductible is how much an entity must pay out of pocket before their insurance kicks in and pays for costs. In this case the deductible is 1,000 dollars meaning that if the total costs of the damages were reimbursed by insurance then the total cost to the University would be only 1,000 dollars.

While at this point it is impossible to know for sure if the insurance company approved UC’s claim for damages at Kerr Hall it seems likely that at least some of the costs were reimbursed. Even if only some of the costs were reimbursed it does not make sense that restitution being charged to alleged participants is based upon the total $34,739.95 cost and not the actual out of pocket costs incurred by the University.

On another note, if the costs were reimbursed by the insurance company the insurance company usually has the legal right to collect on those charges. This legal concept is called subrogation. According to a commercial real estate lawyer familiar with this concept, it would be unusual for the insurance company to use a proxy like the University to recuperate those costs instead that would be done through a civil proceeding. It is important to note though that many policies written recently contain a waiver of subrogation rights.

The University should be clear and transparent about this matter. Students should not be charged for costs that have already been paid for by insurance and restitution should reflect the actual out of pocket expenses of the University. Saladin Sale from the UCSC Office of Risk Services, the person and department responsible for handling claims to the University’s insurance, should release information either confirming or refuting these accusations. You can contact Saladin Sale at (831) 459-3261.

UCSC Strike Committee Issues Demands

MAY 18-20 STRIKE DEMANDS

As adopted by the UCSC Strike Committee, April 28, 2010

• Repeal the 32% fee increase of 2009-10.  No future fee increases.

• Rescind all cuts to departments, instructors, and workers.  No future cuts.

Restore full funding to Community Studies.  Rescind layoffs to field coordinators.  Rescind suspension of the major.

Rescind layoffs for instructors in LALS and other departments and programs.

Restore full funding to Language instruction.  Rescind layoffs of language instructors.

Restore funding for faculty hires in History of Consciousness and in all other departments that have had searches cancelled.

Restore all TAships that have been cut in 2009-10.

Repeal/rescind ALL furloughs, layoffs, START time, and/or reductions in classification for ALL workers.

• Expand access for all California students, with particular attention to low-income students, undocumented students, and underrepresented minorities.

No tuition or fees to attend the University of California.

Support the DREAM Act allowing financial aid for AB540 students.

Restore affirmative action in UC admissions.

Expand retention efforts on all campuses.

• Make quality of education the top priority at the UC.

Restore full funding to campus libraries.  Allocate sufficient additional funding to restore open hours to the levels of 2000-01.

Reduce class and section sizes across the board.

No outsourcing of grading or instruction.

Wage increases for all instructors and workers above cost-of-living.

• Reject recommendations of the UC Commission on the Future that will limit access, harm instructional quality, or privatize the university.

Fight to re-establish UC financial aid eligibility for undocumented California high school graduates.

Reject recommendations to adopt a multi-year fee increase schedule, differential tuition, online instruction, three-year degrees, and to increase out-of-state enrollment.

• Drop all charges against student activists on all campuses.

Revise student judicial procedures to allow full constitutional rights for students, including but not limited to due process rights, rights of evidence, and rights to hearings.

End police/staff surveillance of students, workers, and activists.

Investigate Student Judicial Affairs, the UC Santa Cruz Police Department, and Student Affairs to determine whether student and worker rights have been violated during the 2009-10 campaign of repression.  Discipline any employees who have violated such rights.

• Institute full student, worker, and faculty control of the University of California.

Abolish the UC Regents.

All administrative positions to be selected democratically by students, workers, and faculty.

EVC/Campus Provost position will remain permanently vacant.

Institute salary cap for all UC employees.

Fire Mark G. Yudof for cause: betrayal of the mission of the University of California.

ACLU Raises Constitutional Concerns Regarding UCSC Judicial Process

SAN FRANCISCO, CA  – The American Civil Liberties Union of Northern California has sent the UCSC administration a letter this morning expressing their concerns over the “constitutional failures in the University’s disciplinary process for students who are alleged to have participated in the protest at Kerr Hall in November 2009.”  The letter is highly critical of the UCSC administration pointing out significant flaws of due process that have occurred and continue to occur so far.

From the ACLU: “The ACLU of Northern California sent a letter today to the Chancellor and Chair of the Academic Senate at U.C. Santa Cruz, criticizing the University’s use of restitution as a penalty for students alleged to have participated in protests in November 2009.  The ACLU letter cites due process concerns, criticizing the University for subjecting students to a $944 fine without a hearing and without proof of individual responsibility for claimed damage.  The letter also criticizes the University’s failure to provide students who are being granted a hearing  for other forms of discipline with specific factual allegations of misconduct and a description of the evidence the University has of their alleged misconduct.”

The seven page letter is posted below:

View this document on Scribd

UC Santa Cruz Strike Committee Calls for Statewide Days of Action

Call for Statewide Days of Action Around UC Regents’ Meeting, May 18-20

In Chile and Puerto Rico, in Austria, Greece, Italy, and Croatia, and in 33 states in the US—all over the world we are experiencing the systematic dismantling of education systems that supposedly serve the public. Students all over the world have begun to respond, through occupations, strikes, shutdowns, blockades, and other forms of direct action. We are starting to take back what is ours.

Why the University is Trying to Expel Me

SANTA CRUZ, California – The following is a statement published by Brian Glasscock in response to the charges and sanctions he faces.

The University is trying to expel me based upon two incidents.

The first incident took place in October of 2009. I was arrested and pepper-sprayed for carrying a picnic table outside of an occupation that took place at UC Santa Cruz at the Humanities 2 building. I and two other people were moving a picnic table out of the Humanities court yard where there was a dance party going on. The University is alleging that I was carrying the picnic table to barricade the door of the Humanities 2 building which was occupied at the time. Further, they argue that I was given enough time (30 to 45 seconds they state) to respond to police requests to put the table down before being pepper-sprayed. I however did not hear the police’s requests until right before I was pepper-sprayed because of the commotion and noise of the dance party. This incident has been used to suspend me and ban me from campus.

The second incident was my involvement in the Kerr Hall occupation in November. During the Kerr Hall occupation I participated in general assemblies which took place in the building. I did not participate any theft, property damage, nor any other purported actions the University says took place during the occupation. I took part in the general assemblies to show my support for the occupation, which effectively shut down UCSC’s administration for three days.

The UCSC administration is arguing that even this minor participation in general assemblies is a rule violation. This violation, my arrest at Humanities 2, and my previous judicial record are being used by the University as the ground for my expulsion.

I do not think that these incidents warrant an expulsion. The notation of expulsion will always be on my transcript and will effect my admissions to any other university while also preventing many future job prospects – it is an attack on my future and my ability to participate and thrive in this world.

My expulsion is part of a significantly more widespread campaign against students on campus. Many participants of the Kerr Hall occupation have received demands from the University to pay $944 dollars in restitution. They must pay this fine or they will be barred from enrolling in classes for the fall and those who have graduated this quarter will have their degrees withheld. There is no evidence linking these individuals to the alleged property damage that occurred. Instead, these fines are a blatantly a political attack meant to cause both academic and financial hardship. One other comrade, Olivia Egan-Rudolph, is also being suspended and banned from campus as well as having her degree withheld until December.

Throughout these proceedings the University has used an objective and legalistic discourse to mask the political nature of their attacks on participants. This process is everything but objective and is instead an attempt to neutralize a negative political situation. At other Universities–even private schools–there are typically trials by ones peers. That is not the case at the UC, as the final decision arbitrarily rests with various administrators who have a clear bias which raises serious questions about the fairness of the University’s proceedings.

The University wants to be done with me, they want me to disappear. They wish to make an example of all those who participated in Kerr Hall to dissuade people from continuing or beginning to take action on campus. We should not let them get away with this.

I need your help to fight my expulsion. It is urgent that we take collective action around these attacks. I am asking for your support for me and all those facing these charges.

If you have received a letter from UCSC regarding Kerr Hall please contact StudentLegalDefense [at] gmail [dot] com ASAP.

– Brian Glasscock

out of control dance party

SANTA CRUZ, CA – The first week of March is looking like its going to be crazy. With an action assembly on the first and a statewide student strike called for the 4th it’s going to be popping.

Let’s kick it off with a night of mayhem and debauchery.

OUT OF CONTROL DANCE PARTY
Porter Quad
9pm – ?

RSVP on Facebook

Action Assembly – March 1st

SANTA CRUZ, California – Fees are once again increasing 15%. But that’s just the beginning.

Classes are swelling. Ethnic resource centers are being cut. Some of our academic departments face insolvency. Numerous friends are leaving due to increased costs. Libraries are never open. The dining halls are infested with rats. We are going from the graduation ceremony straight to the unemployment line. In other words, things at the UC fucking suck.

All while the administration is trying to crack down on those taking action against these shitty conditions.

We all know that, as a result, there will be a student strike on March 4th. But why wait for the 4th? Let’s make it a week of action, starting on Monday March 1st:

Will we blockade campus? Will we occupy? Will we take it to downtown?
Will we dance through all the classes on campus?

PLEASE COME WITH IDEAS AS WE WILL DECIDE ON WHAT ACTION TO TAKE DURING THE ASSEMBLY!!

Come to Bay Tree at 11:00am to see ♥

Cops Bust Benefit Dance Party

SAN FRANCISCO, CA - Early on Sunday, January 31st, police busted an occupation arrestee benefit party. Reports from on the ground state that police provided no dispersal warning before arresting people. 11 people have been arrested, some charged with felonies and misdemeanors. The police used excessive force and injured several people, one resulting in a head injury. One observer noted that the police used racial slurs and beat an individual already on the ground.


A crowd had gathered at the District Attorney's office/County Jail at 850 Bryant St. earlier.

More updates to follow.

3:50am: 1 person detained and released. No charges filed.

6:21am: 7 released in total, 2 with no charges, rest with misdemeanors. 2 people are being held for the night. 2 remain in custody until Monday.

more at Golden Gate [X]press

Charges Dropped Against Those Arrested at Hibernia Bank

Charges against the four arrested at Hibernia National Bank were dropped by the County of San Francisco yesterday.

Also,  only a few hours after the attempted occupation of Hibernia Bank someone scaled the building to drop a banner against homelessness.  As of Monday afternoon the banner was still there.

"You take our homes, we'll take your banks." Banner Drop at Hibernia Bank

UCSC Dance Party

SANTA CRUZ – Dance party on thursday, January 28.

blog: Take Over UC Santa Cruz

Statement from the Attempted Occupation of the Hibernia National Bank in SF

Today, several students from Universities across the state attempted to occupy the Hibernia National Bank building in San Francisco. This building which has remained empty for years was recently sold for almost 3 million dollars in a neighborhood where thousands live without homes and hundreds die each year while lacking shelter.  This space has been left empty because of the profit motive – placing the surplus value that could be acquired over the possible human needs that space could and should have fulfilled. We had planned on taking this space and holding it until later in the afternoon, when a march against homelessness and affordable housing would end in a rally nearby. We wished to take an action that would bridge the various movements that are taking shape from the growing discontent in this country and found it logical that the tactic of occupation be used to illustrate the nonsensical logic that dictates how and who uses space.

After a few hours of being in the building, a motion sensor alarm alerted the building owner who then called the police. As we sat in a room deciding how we should proceed the lights in the building suddenly switched on. We began to hear footsteps and voices travelling up from the stairs and initially attempted to hide in one of the rooms. After we realized that there would be no escape and no possibility of adequately hiding we revealed ourselves to the police. We were met with six loaded guns, yelling at us to put our hands up. Even after we had surrendered ourselves pistols were still aimed and ready to fire. The police questioned us and berated us for our “stupidity”, one officer even scolded another for not shooting us on the spot. This threat of violence shown against those who were seemingly attempting find refuge from a winter storm is ridiculous and displays the criminalization of poverty that exists in our society. Furthermore, it shows the backward values of our community which place the protection of private property above the safety and well-being of people. It is doubtful that SFPD’s response to a report of violence or sex slavery in the Tenderloin would be nearly as robust or timely.

We entered the space earlier in the morning to barricade the doors and with the hope of later creating an open space. The idea of an open and notorious occupation off campus requires a closer examination but should not be abandoned. The creation of liberated spaces in the community is something that we strive and dream for. In our decision to take this particular space as well to publicize it widely we wished to show to the student community the common circumstances that exist  between two issues that are normally distant as well as show student support for those dealing with the reality of homelessness and precarious housing. Our failure illustrated to us how much we have to learn from those already involved squatting.

While this attempt was thwarted by the police, we are not finished. While currently in society we are students, we will not allow this designation to confine our action to the University. The issue of unaffordable housing leaves no person unaffected – all people must figure out some way to get a roof over their head. We will of course have to reexamine how and why we squat, but we will squat again.

We stand in solidarity with all of those without homes, those criminalized and demonized by society, and those who have begun this struggle before us.

There will be a march today against homelessness and for affordable housing starting at 11am from Justin Herman Plaza to the Federal Building

Intended Communique from Occupied Hibernia Bank

Below is the communique that was intended to be released today by those occupying the Hibernia National Bank building in SF:

ON OCCUPATION OF THE HIBERNIA BANK

Today marks the first anniversary of President Obama’s inauguration. Since January 2008, economic devastation has been spreading quickly across the country. This financial downfall is only the latest in a long failure of the leaders of our nations to create a positive, real change for the majority of people. Obama has increased funding to the military and declared that the large banking corporations were “too big to fail”, but he has failed to prove with his actions that he will help all people as generously. Instead, security of the corporate and national interests are prioritized over funding homes, food, and other critical needs for the people of the world. He is not to be bothered with crazy dreams of creating housing and education for all.

Over 6 million Americans today are homeless, and this number is increasing daily due to foreclosures, the rising cost of housing, decreasing wages and benefits, the impossible cost of healthcare, and our shrinking welfare safety net due to budget cuts and structural adjustment.  In San Francisco, a city which prides itself on its progressive values, there are an estimated 15,000 homeless people living in the streets and less than 1000 emergency shelter beds.   This makes no sense.  All people require housing, but the government has proven they will not help to make that happen.  Instead of providing for the people, they pledge huge financial resources to bail out banks and predatory corporations responsible for this economic “crisis” in the first place. This clear lack of interest in the welfare of people across the state is exhibited in the number of those abandoned and criminalized by society.

The poorest of us, the so-called ‘homeless,’ are increasingly harassed by the cops through “quality of life” laws established for the sake of tourism or increased consumption. Now in San Francisco the business community is demanding the creation of a new sit-lie ordinance, banning members of the public from sitting or lying on public sidewalk anytime, anywhere. San Francisco will join many other cities that exclusively enforce these laws upon those without homes, illustrating the degradation individuals face each day because of our criminalization of poverty.

We will no longer take this lying down.  We will no longer wait for a political solution to homelessness and affordable housing that the ruling class will never deliver. We seek not reforms, but a new reality.  If we need real housing, we must take it ourselves.  If we need real education, we must create it ourselves. If we need a new society and economy we must build it ourselves.  We reject the disenfranchisement of our society and recognize that we must take the power back – we must begin by creating realities from our dreams.  We must take back the power and the control of our lives, no longer will it be left to the international corporations, local business interests, and governments to decide how our lives will run from their cozy boardrooms and country clubs.

The actions of students in California have so far been contained in the Universities but it cannot remain that way; the conditions in the schools are inseparably tied to the conditions in our communities, across the state and across the world.  The privatization of schools and social services parallels the privatization of our society. Our current social reality tells us it is unacceptable to demand more money and resources for schools  as that money must come through the decimation of other social services.  We recognize it is futile to demand action from a removed, alien body.  We will become that action we want and we will build and create those resources we need.  We seek new spaces and unheard of relations.  We will begin to create our own realities and our own services. We must find real freedom in thought and action, not this manufactured lie that is spit out to us in every living moment.  We seek the creation of new forms of life, built upon common understanding and solidarity instead of competition and alienation.

We seek to overcome the false separation of the student struggle that keeps us from realizing our common reality with all sectors of society. We are all denied a creative life by the global powers, denied the possibility for the exploration and elaboration of new forms of being besides this exploitation and oppression they force us to endure. We now join comrades across the state who have already begun this struggle – the people who fight against the criminalization of life. Our path to liberation is bound with theirs, we all share an absent future and the possibility for a new life.  If they take our means of survival, rights to housing, education, welfare, union jobs, and other public services, we will take their banks. It remains for the people of this state to seize what is rightfully theirs.    Occupy Everything!

Find foreclosed properties to squat

www.foreclosure.com

Occupation: a do-it-yourself guide –

theimaginarycommittee.wordpress.com

Rhetoric over action, or how the State Government appropriates and distorts the language of the Other to unleash the rabies virus.

Today, the New York Times published an article detailing how “Schwarzenegger Seeks Shift [In State Budget Funding] From Prisons to Schools“. The catchy slogan, “Universities over prisons.” Schwarzenegger’s proposal seeks to shift the allocated percentage of the state budget in education from the current 7.5% to “no less than 10%”. Their economic strategy is dependent upon the budget cuts to state prisons, thus adjusting its annual portion from 11% to “no more than 7%”.

Sarcastic applause.

Among our friends the question regarding this article has been, “What does it all mean?”  That is perhaps the best question, since as it stands the proposal means nothing. The increase of the percentage of the state budget alloted to education does not mean, for example, that fees will be reduced, nor that teachers and workers whose jobs have been cut will ever come back to see a campus in California.  The proposal does not even mention where in the university the money is going to go. Will it go to construction? Will it serve to speed up the current bond buying practice the UC system has praised as  a money making venture? We all know what happened to the bank bailout money that was supposed to aid consumers bring the national economy “back into swing!” As it stands, we cannot expect a cent out of this increase, (especially since it is something that Mark Yudof has hailed as “a bold and visionary plan that represents a fundamental restoration of the values and priorities that have made California great”. Believe us, he’s licking his fat cat chops; he has no values, his only priority is stuffing his pockets and those of his loyal puppets, and he could care less about the “great” state of California.

Furthermore, the article states that the effect of the proposal will hinge upon the passing of legislation that will “reduce the parole burdens from ‘downward pressure on prison staff salaries’ and from the reduction of inmate medical costs”…

Fucking great! Not only will the new proposal piss off current repressive prison staff, it will make it even harder for the prisoners to recuperate after they get the shit beaten out of them because the master can’t afford the NFL Sunday package anymore. Lance Corcoran, spokesman for the [Evil] California Correctional Peace Officers Association, stated, “If this is the direction the [State] administration chooses to go in, there will certainly be consequences.” We know what’s coming, since just last month the same [E]CCPOA managed to avert state sanctioned furloughs when a judge threw out the case, implying that it was unwise to endanger the security and safety of the State.

Unfortunately, this violent and repressive backlash will also reach university campuses and it will continue to foster animosity simply through rhetoric even though in the end it may only accomplish making the administration a more powerful entity. Campus police will stop thinking of students as the brats they beat up when they get rowdy and, instead, regard them as an economic competitor, a rival for survival. For this reason alone, we demand that police be immediately withdrawn from the public space of the university, since it will place protesters at increased risk of injury.

To close, we would like to state that this plan is neither “bold” nor “visionary”, but grossly misleading and a threat to the public safety of students and prison inmates everywhere. If California would like to save some of the money used to support the state prison system, they could start by repealing the three strikes law.

Unless the increase in the California Budget allocation to “higher public education” goes to the benefit of the student, the increase means nothing. Unless the privatization of the university stops, this money will continue to be funneled away into capitalist projects. Unless there is budget transparency, how will anyone know anything about this money?

Don’t let us be misunderstood; because we object to the inconclusive nature of the deal, it does not mean we side with the [E]CCPOA’s spinning, scratching, and crossfading of this whole mess into a legislative assault on public safety. We reject that rhetoric. However, at the same time, we don’t agree that the legislation should promote making the prison environment an even unhealthier place. Instead, we would like to see legislation abolish prisons altogether, especially since they have become a capitalist enterprise for cheap labor and promote discrimination and racism.

We fear that there will be many who will take the bait and the catchy slogan and blindly grant the State the authority to do as they please. If this increase is going to have a positive effect for the student, the student must take control of the university.

Academy of Refusal in Vienna Evicted

We are getting reports from twitter that our comrades occupying the Academy of Fine Arts (also know as the Academy of Refusal) have been evicted. More information to be posted as it comes.

After being pressured by police forces the Academy of Fine Arts in Vienna [Austria] was evicted today.

via – http://twitter.com/ISM030/status/7271270744

Call for solidarity from the Student Occupation Movement with the California Valley Miwok Tribe

Call for Solidarity from the Student Occupation Movement with the California Valley Miwok Tribe:

Thousands of students have taken part in the occupation of their universities and schools – yet many have asked how this movement will grow and expand itself? How will it break out of the schools and institutions of “higher education,” and begin to involve itself in the territory of all social life? Recently, the California Valley Miwok Tribe in Stockton (about 1 hour south of Sacramento and 20 minutes north of Modesto) occupied their tribal office/home and have held it for several months. Barricaded inside their space, the tribe has created an international stir and held their ground behind barricaded walls. On January 15th, the Sheriffs are set to come in and evict the tribe. In response, the tribe is holding two large demonstrations and pickets in Sacramento on the 6th and 7th of January. These pickets will take place at the John Moss Building (Bureau of Indian Affairs Office) 650 Capital Mall, from 10 AM – 1PM each day. People are encouraged to bring signs, banners, and as many people as possible. Stand in solidarity with all people occupying and taking back their lives – from the schools to their foreclosed homes.

If the students who stood against the budget cuts and fee hikes now stand in solidarity with the Miwok people who are resisting eviction by occupying their space, we can expand our movement and make powerful connections. We can generalize our struggle across new terrain and space. We can push for the occupation of all aspects of our lives. We must occupy and escalate!

More information on the pickets: http://www.indybay.org/newsitems/2009/12/29/18633785.php
Interview with CVMT in Modesto Anarcho: http://www.anarchistnews.org/?q=node/10371