UC student union organizers not charged with vandalism, for now

SAN DIEGO (CN) — Three University of California San Diego students set to be arraigned on Monday for felony vandalism and conspiracy to commit a crime left the courthouse steps without having to see the inside of a courtroom. Whether that means UCSD dropped the charges against them though is still up in the air.

The students were arrested on June 29 at their homes by UCSD Police. They were held in county jail and told they’d face charges of felony vandalism and conspiracy to commit a crime after the university claimed they wrote “living wage now” on a campus building during a protest in May.

The students and their union say the pro-academic workers union message was written in washable markers and chalk. The university claims that the students caused permanent damage to a building that required them to spend $12,000 in replacement building materials to fix it, according to a statement put out by the university.

At a rally outside of the downtown San Diego Superior Court on Monday put on by the students’ union, a speaker announced that the university hadn’t actually filed charges with the district attorney, so they wouldn’t be arraigned after all.

When reached for comment, Leslie Sepuka, the associate director for university communications at UCSD, wouldn’t say if the charges against the students were dropped indefinitely though.

“What I can confirm at this time is that the investigation is ongoing,” Sepuka wrote.

“It’s really unclear. We heard this morning that the charges hadn’t been filed with the DA," said Adu Vengal, recording secretary for UAW 2865, and a graduate worker at UCSD’s Department of Mathematics. “But yeah, it’s still really unclear. It seems like we’re really in a limbo period for UC to decide what they want to do. I think we’re going to be seeking a commitment that they will not pursue these charges.”

Academic workers, graduate students, student researchers, student employees who work in academic support roles like teachers’ assistants, tutors and graders, at University of California campuses across the state went on the largest education strike in U.S. history late last year. Represented by the United Auto Workers, the students won new contracts that were supposed to raise their wages by 80% and double the length of parental leave, among other things. But the union contends that the university hasn’t abided by their contracts and is actively trying to circumvent them.

To protest, students at UCSD in May walked on stage of an alumni ceremony event at the Museum of Contemporary Art San Diego. While taking the stage, the university claims the students bumped into UCSD Chancellor Pradeep Khosla; the students contend that there was no physical contact, and that they stood next to Khosla and spoke into a microphone attached to a podium.

The students involved received letters from the university’s student affairs office last month claiming violations of student conduct, which could lead to the students being expelled if the university sustains the charges.

Vengal said that up to 67 students involved with union organizing statewide are facing similar conduct charges, or are currently being investigated.

Although they do organize civil disobedience protests where participants are told they might be arrested, the three students being charged with vandalism are the first time that the university has attempted to charge student union organizers with criminal offenses, Vegal said.

“It’s part of a much larger pattern of UC really trying to crack down on all forms of protests, especially in regards to our union activities,” Vegal said. “They have been violating the contract at every turn, and we’ve been protesting against that, and they’ve been retaliating even harder, such as with these arrests.”

Walking out to chants of “union power!” and “what’s disgusting? Union busting,” Jessica Ng, one of the three students who was arrested, spoke to the assembled crowd of union supporters and media outside of the San Diego Superior Court on Monday.

“What will it take to force the UC to do what it does not want to do?” she asked. “We believe the strike might be necessary to move the UC from its unlawful retaliation, arrests, student conduct charges, threats of expulsion, bad grades for striking, to fulfilling our contract instead.”

Ng listed some demands of the union, like 12-month appointments for students so they can have income over the summer, making sure all graduate student workers are paid, and full funding of all contracts.

“Let’s move forward with courage, critical thought and compassion for each other,” Ng said. “Your solidarity truly means the world to us.”