Over 48 hours ago, pro-Palestinian activists began an encampment on College Green — following the lead of many other universities in the United States.
The organizers of Penn's 'Gaza Solidarity Encampment' have three main demands: for the University to disclose all financial holdings under its Associated Investments Fund, divest from Israel, and defend Palestinian students — including granting amnesty for pro-Palestinian activists and reinstating Penn Students Against the Occupation of Palestine.
On Friday night, Interim Penn President Larry Jameson sent out an email calling for the “immediate” disbandment of the encampment, alleging that the assembled group has “[blatantly violated] University policies.” He specifically referenced the University’s facilities policies, Penn’s Guidelines on Open Expression, and state and federal law, including Title VI of the Civil Rights Act.
In a statement posted to Instagram, Penn Students Against the Occupation of Palestine and Penn Faculty for Justice in Palestine rebutted that Jameson did not inform them of their legal and policy violations as he claimed in the email. They argued the encampment is within the group’s rights as “peaceful student and community protesters,” and denounced Jameson’s “mischaracterization of our peaceful community space with acts of violence and vandalism.”
The encampment has been surrounded by varying levels of police activity, although officers have not yet interfered on a large scale.
Here are the specific University policies, including both facilities policies and the Interpretative Guidelines on Open Expression — formed last year — that Jameson might be referencing in his approach to the encampment.
Open expression guidelines
While the University’s Open Expression Guidelines explicitly forbid discriminating against the expression on the basis of content or viewpoints, individuals violate the guidelines if they interfere “unreasonably” with the activities of other persons.
Time of day, size of demonstration, noise level, and “general tenor” are all factors that are taken into account when determining the threshold of what is “reasonable." Individuals are also forbidden from causing injury to other people or property or threatening to cause injury under the guidelines.
Section III of the Interpretative Guidelines states that the the vice provost for university life, or its delegate, has the authority to assess if the guidelines are being violated by any member of the University community and intervene to address any such conduct. These guidelines were adopted by the members of the 2022-23 Committee on Open Expression to provide clarification on the role of the committee on campus.
VPUL delegates that have visited the encampment include Vice Provost for University Life Karu Kozuma and Associate Vice Provost for University Life Tamara Greenfield King.
Groups further breach guidelines if they continue to engage in prohibited conduct after they have been informed by the VPUL or its delegates that their actions are in violation of the guidelines. While Jameson alleges that the University had notified the encampment of its violations, organizers have denied that they ever received official notice.
An example of this occurred in April 2022, when student protesters with Fossil Free Penn – who had set up their encampment following a “S’mores & Community” on College Green, which they registered with the University — were informed that they violated the University’s Guidelines on Open Expression. The reason cited was that protesters were participating in activities that “were not part of the registration” during a registered event, failed to end the event in question at the scheduled time, and did not follow University instructions to leave the area when prompted.
Finally, the guidelines make it clear that in the case of conflict between the Guidelines on Open Expression and other university policies — including all of the following — the principles of the guidelines take precedence.
Campus-wide open space policy and procedures
According to Penn Facilities and Real Estate Services, to reserve space for an event on College Green, those interested must make a request through Perelman Quadrangle services, which is operated by University Life.
“Duration of an event, noise control, setup, takedown, and cleanup are all carefully monitored to maintain an appropriate balance of the use of the space along with the needs of neighboring building users,” the policy reads.
Structures on College Green
To set up structures on College Green, an organization must make a reservation with the Perelman Quadrangle at least two weeks in advance, and a permit must be displayed through the event’s duration, according to the Office of Student Affairs. Such structures also require approval by the University Architect, and they may remain on College Green for three days and two nights maximum.
“Structures which remain on College Green overnight will require Security,” the Office of Student Affairs policy reads. “The sponsoring organization is responsible for any incurred expenses.”
The encampment is currently entering its third night on College Green. It remains unclear whether the encampment made a reservation, and the Office of Student Affairs Associate Director for Activities Rodney Robinson did not respond to a request for comment.
Penn’s campus-wide exterior signage policy
Signage on College Green must adhere to the University’s Exterior Signage Policy, which forbids signs attached to “other structures, or landscape elements such as fences, trees, etc.” that have not been submitted to and approved by the Office of the University Architect.
Noise pollution restrictions
According to University Life’s noise pollution restrictions, “amplified music” is not allowed on College Green earlier than 5 p.m. Monday through Friday. At other times, music must be no louder than 85 decibels.
Local, state, and federal laws
In his email, Jameson stated that the vandalism of the statue in front of College Hall with antisemitic graffiti would be investigated as a hate crime, which the United States Department of Justice defines as a “crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.”
He also named Title VI of the Civil Rights Act as one of the federal laws that the encampment violates. Title VI prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance, according to the Civil Rights Division of the DOJ.
The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn.
Donate
