Ohio University 2017 Student Protest

A gathering of more than 150 people on the 4th floor of the Baker Center on Ohio University’s (OU) campus on February 1st, 2017 for a sit-in protest against Trump’s primary immigration ban made in late January 2017. The protest was organized by Ohio University students and joined by some faculty and community members.
Hours into the protest, Ohio University Police Department (OUPD), Athens Police Department (APD), and State Highway Patrol were there to monitor the protest. Shortly after OUPD Chief Andrew Powers decided to make a public announcement about how the people were impacting operations, egress, and creating a safety issue.
Soon after, Powers made another announcement at approximately 7:22 p.m. stating that anyone refusing to leave would be arrested within the next hour. At 7:58 p.m. the OUPD began to arrest the 70 remaining protesters and charted them with criminal trespass.
Immigration Protest Background

On Wednesday evening, the protesters gathered without incident in response to U.S. president Donald Trump's executive order banning travel and immigration to the U.S. from seven Muslim-majority countries , on the fourth floor of Baker Center to share stories and political messages. Some protesters held signs saying “Make racists afraid again”, and “No wall, no ban, resist”.
Ohio University Student Senate posted a notice on their Facebook page stating that they would stay in Baker Center until the university met demands of becoming a sanctuary campus:

“We are prepared to stay in Baker University Center until Ohio University meets our demands of becoming a sanctuary campus:
1. Ohio University must make a statement condemning the immigration ban and develop a plan to make Ohio U a sanctuary campus.
2. Include “immigration status” as a protective class (along with race, gender, etc.) under the definition of harassment, discrimination and hate crime policies at Ohio University.
3. Do not allow concealed carry weapons on campus. This is not about trying to take away gun rights. This about keeping class discussion open and safe.”

Arrests

Before arresting protesters, police cleared the floor of media and bystanders. The 70 arrested protesters were held in the Baker Center Ballroom for at least an hour before being released throughout the evening.
About two hours after the arrests began, Jenny Hall-Jones, Dean of Students, received more than 100 texts and 10 voicemails in regards to the actions being made at the protest. These messages came from students, faculty, and alumni, and the majority expressed their disappointment toward the actions, or the lack or actions, made by the university.

Charges

The 70 students were charged with criminal trespassing. Criminal trespassing is a fourth-degree misdemeanor in Ohio with a maximum $250 fine and the possibility of up to 30 days in prison. Fifteen students pleaded “no contest” to lessen the charges to a disorderly conduct.
Fifteen pleaded “no contest” to charges of criminal trespass, and the rest entered “not guilty” pleas. One of the arrested, Michael Mayberry, was found not guilty of criminal trespassing. Athens County Municipal Court Judge Todd Grace dismissed remaining charges against the protesters two days later.

University Statement

Ohio University released this statement following the arrests:

“Disruption of University operations is unlawful. With safety and security at the forefront of all concerned, OUPD and University administration worked together to arrange an alternate space for protesters to gather that would protect students, faculty and staff. In addition, alternate space allocated would not block ingress and egress from Baker Center and would allow for University operations to continue uninterrupted. Protesters gathered at Baker Center at approximately 5:30 pm. Protestors were informed repeatedly that they were impacting operations, egress and creating a safety issue. At approximately 7:22 p.m. OUPD Chief Andrew Powers delivered his first warning that anyone refusing to leave would be arrested within the hour. They were given ample opportunity and time to relocate, and at 7:58 p.m. OUPD began arresting anyone who refused to leave. Approximately 70 protesters were arrested and charged with criminal trespass.”

Responses
Faculty Senate
At the Feb. 6 Faculty Senate meeting, Roderick McDavis, then university president, said Ohio University already protects its students and declaring it a sanctuary campus would jeopardize federal funding. He said Ohio University Police Chief Andrew Powell appropriately acted alone in ordering the arrests to keep students safe.
Several faculty members and student activists were given time to speak:

Office of Diversity and Inclusion Alicia Chavira-Prado said “her first impression of reading messages from the President about the University’s support and position regarding issues of immigration was positive” but policies seemed ambiguous.

The university administration was concerned about the lack of certainty of the outcome of the Trump administration policies and works with students on a “case-by-case basis”, McDavis said. Student center ingress and egress were compromised, McDavis alleged adding that campus police were forced to ensure student safety. Student Jack Bruno said, “McDavis mentioned protecting student safety and asked McDavis how he responds to photographic evidence that indicates no impeding ingress or egress during the February 1 protest” as the president had asserted.
Faculty Senator John Cotton asked McDavis why the order cannot be rescinded once it has been given. 10 McDavis said the police chief issued a warning, after which it could not be rescinded if students did not comply.

Assistant Professor of History Ziad Abu-Rish called McDavis’s policy decision, when many university presidents were declaring their campuses sanctuaries, a failure of leadership, in Abu-Rish’s opinion. Administration cannot organize and march in an Martin Luther King Jr. Day observance one week and abdicate the decision of what to do with students who are staging a nonviolent protest to police later. McDavis said he contacted police after the crowd of protesters entered the facility, which is not an authorized protest site, and authority belonged to the police chief.

Senator Paul Patton asked whether immigration status is included in policies that protect national origin status. “Under current laws, immigration status is not a protected class while national origin is. As such, OHIO believes that we should stay close to what the law requires,” OHIO General Counsel Jon Biancamano.

Senator Dominique Duvert said the US administration was using laws/policies previously used to grant green cards in a way that is now being used to rescind green cards. The senator asked how does the university reconcile this kind change when trying to follow the law. Biancamano said the university lacks the power to issue a judicial opinion.

Students Bobby Walker and Jolana Watson stood and read a list of demands:

“To the administration, especially President McDavis and Dean of Students Jenny Hall-Jones, we call on you to recommend and take all possible action to have all charges dropped against all protesters.
To the faculty, we thank those of you that spoke out in support of our right to free speech and assembly. We call on Faculty Senate to condemn the arrests and recommend that all charges be dropped.
To the administration and faculty at large, join the hundreds of protesters from last Wednesday and the Student Senate in supporting the call to make Ohio University a sanctuary campus.”

Student Jacob Jakußeit shared three points: students “pay the bills” for Baker Center as part of tuition/fees, there are other times when ingress/egress is blocked and no arrests are made, and if the administration does not have a role in overseeing the police department, then why does the university have its own police force. Jakußeit asked McDavis to explain why he wants to have the arrests of 70 peaceful protestors as one of the last acts in his presidency, since he announced his retirement March 10, 2016. McDavis said he would stand on his 13-year record as president.

Associate Professor of Philosophy Alyssa Bernstein read a statement asserting the arrests could have been prevented if sufficiently high-ranking members of the university administration had been present or had communicated with the police commanders. Biancamano countered that the university police are part of the administration.

Professor of Journalism Bernhard Debatin argued that administrators made a deliberate choice not to engage with the students and failed as educators at that moment. 10 McDavis said he and his interim replacement had met with the presidents of the student and graduate student senate earlier and listened to their demands.

Professor of Electrical Engineering and Computer Science Jim Zhu said he was familiar with student protests including the Tiananmen Square protests of 1989 in his native China.
Student Olivia Busby said the administration trusted the word of police over the that of students. She said administrators Dr. Shari Clarke and Dr. Jamie Patton had been present and ignored protesters.

Julie White, associate professor of Political Science and Director of Women’s, Gender, and Sexuality Studies Program, said the protest was disciplined and peaceful based on all photographic and video evidence. She said the police chief failed to take the students seriously when he repeatedly offered them a place to protest in a separate room.

Student Senate

After the charges were made, the Student Union posted this statement in the Facebook page:

“We do not see taking a plea deal as a submission or loss. The mere fact that we were able to raise enough money for all 70 arrestees to pay our court fines and then some is a sign that there is overwhelming solidarity with our cause. To everyone who has supported and continues to support us, thank you. Together we will continue working to build a campus community that is safe for all international persons regardless of documentation status. We hope you join us in this struggle.”

Support

Following the arrests, supporters of the protest created a YouCaring crowdsourcing fund to help pay the fines for the protesters arrested. The request on the website asked, “Please help to support these students who put their safety and security on the line to fight for fairness and human dignity.” As of March 20, 2017, contributions amounted to $11,286 with a goal of $17,500 goal, raised by 394 people and the page was never taken down.

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