Unlimited Jurisdiction?

What are the boundaries of the public university? Where is the university? Offices, territory, capital projects; students, workers, professors... These questions take on a more concrete form when we think about the spatialization of jurisdiction. If the public university is attempting to install a parallel (and unconstitutional) system of rule, a mechanism of double jeopardy to target specific sets of political actors, then it becomes important to ask: where does this space begin and end?

At UC Berkeley, a student from UC Santa Cruz is apparently being charged with a student conduct violation for allegedly participating in the attempted occupation of the Architects & Engineers Building (Capital Projects) on November 18, 2009. Both campuses are of course part of the UC system, but even so, it seems strange that the student would be charged by UC Berkeley's Office of Student Conduct.

Now, a UC Irvine graduate student has been charged with student conduct violation for allegedly participating an action that took place at a CSU campus: the occupation/reclamation of the humanities building at CSU Fullerton on March 3. This cross-system claim to jurisdiction actionable pushes the boundaries of administrative power.

Appendix I: Jurisdiction, as defined by UC Berkeley's Code of Student Conduct (in its most recent formulation, edited February 2010 to target student protesters):

A. Generally

These provisions govern student conduct on, or as it relates to University property, or at official University functions and University-sponsored programs conducted away from the campus. University property is defined for purposes of this Code as all land, buildings, facilities or other grounds or structures, or any item in possession of or owned, used, maintained or controlled by the University or designated by the campus as subject to these policies, including the International House. University property also includes computers and network systems owned, maintained or controlled by the University or funded by University budgets or designated by the campus as subject to these policies.

B. Off-Campus Conduct

1. The Geographic “Box”

Student conduct that occurs off University property but within the geographic area immediately adjacent to the campus is subject to the Code. This includes all property bounded by Virginia Street on the north, Shattuck Avenue on the west, and Derby Street on the south. The eastern boundary, as it runs from north to south, is comprised of La Loma Avenue, Gayley Road, Prospect Street (between Orchard Steps and Dwight Way) and Warring Street, and includes property situated along both the east and west sides of said streets.

2. Other Off-Campus Conduct

Student conduct that occurs off University property and not within the area described in Geographic Box (page 15) and Conduct on Other UC Campuses (page 16) is subject to the Code where it a) adversely affects the health, safety, or security of any member of the University community, or the mission of the University, or b) involves academic work or any records, or documents of the University.

In determining whether or not to exercise jurisdiction over such conduct, Student Conduct and Community Standards will consider the seriousness of the alleged offense, the risk of harm involved, whether the victim(s) are members of the campus community and/or whether the off-campus conduct is part of a series of actions that occurred both on and off University property.

3. Conduct on Other UC Campuses

A student at one campus of the University, who is accused of violation of University policies or campus regulations on another campus of the University, or at an official function of that campus, shall be subject to the disciplinary procedures of either the former or the latter campus as agreed by designees of both campuses. The imposition of any recommendations for disciplinary sanctions arising from these procedures must be reviewed and approved by both campuses before the sanctions are imposed.

Appendix II: The jurisdiction of student conduct at UC Santa Cruz:

101.10 Jurisdiction

The UC Santa Cruz campus shall have jurisdiction over the conduct of students and student organizations, which occurs on university property or in connection with official university functions.

In addition, the campus shall have discretion to exercise jurisdiction over conduct which occurs off-campus and which would violate student conduct and discipline policies or regulations if the conduct occurred on campus when the alleged misconduct indicates the student may be a threat to the safety or security of members of the university community or university property, functions, or facilities.

For example, the campus may choose to exercise jurisdiction over off-campus incidents where the alleged misconduct includes, but is not limited to:

a. rape or sexual assault, any other physical assault, threats of violence, or conduct that threatens the health or safety of any person;

b. stalking or sexual harassment;

c. possession or use of weapons, explosives, or destructive devices;

d. manufacture, sale, or distribution of controlled substances;

e. hate crimes;

f. hazing;

g. conduct which would constitute a felony, including burglary, robbery, theft, etc.; and

h. conduct which egregiously and/or repeatedly has negatively impacted members of the surrounding off-campus community and which violates federal, state or local laws/ordinances; or conduct which severely impacts or strains emergency response abilities in the surrounding community.

In determining whether or not to exercise off-campus jurisdiction in such cases, the campus may consider the seriousness of the alleged offense, the risk of harm involved, whether the victim(s) are members of the campus community and/or whether the off-campus conduct is part of a series of actions, which occurred both on, and off-campus.

Appendix III: Student conduct jurisdiction at UC Irvine:

101.00a OFF-CAMPUS BEHAVIOR

In addition to conduct which occurs on University property or in connection with official university functions, the University shall have the discretion to exercise jurisdiction over off-campus behavior if it 1)adversely affects the health, safety, or security of any member of the campus community or 2) adversely affects the interests of the University. In determining whether or not to exercise off-campus jurisdiction, the University will consider the seriousness of the alleged harm, the risk of harm involved, whether the victim(s) are members of the campus community and/or whether the off-campus conduct is part of a series of actions which occurred both on and off campus. The discretion to exercise off-campus jurisdiction includes but is not limited to the following behavior:

Sec. 102.08-Physical abuse, including but not limited to, rape, sexual assault, sex offenses, and other physical assault; threats of violence; or conduct that threatens the health or safety of any person. (See Appendix E)

Sec. 102.09-Sexual harassment; unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature (see section 102.09 below for details).

Sec. 102.10-Stalking behavior in which an individual willfully, maliciously, and repeatedly engages in a knowing course of conduct directed at a specific person which reasonably and seriously alarms, torments, or terrorizes the person, and which serves no legitimate purpose.

Sec. 102.12-Hazing or any method of initiation or pre-initiation into a campus organization or any activity engaged in by the organization or members of the organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to any student or other person. (See Appendix F).