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Case Western Reserve University president threatens legal action against protesters after pro-Palestine encampment ends

With commencement set for next week, CWRU says any 'freedom of expression' event between now and May 20 must be approved by the university.

CLEVELAND — After pro-Palestine protesters ended their 11-day encampment at Case Western Reserve University on Thursday night, CWRU's president responded in a message that included a threat of legal action against those who violated university policy.

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An organizer of the protest explained to 3News that since the spring semester is ending this week and students will be going home, the encampment was being taken down. He added that the students' campaign in favor of Palestine will continue.

"The protesters leaving of their own accord is a good outcome, but I want to reiterate that any student, faculty or staff member who is found to have violated the university’s policies will be held accountable through the relevant conduct processes, which we have initiated," CWRU President Eric Kaler stated in his letter released on Friday. "Legal action also may be pursued, including for those unaffiliated with the university who trespassed on university property and continually broke the safety guidelines and rules we set for this protest to protect our community."

Kaler said prior to their departure, protesters had threatened to disrupt the university's commencement activities, slated to begin next week. Amid those concerns, he announced a new policy related to "freedom of expression." 

"All activities on university property related to freedom of expression, regardless of perspective or subject, between now and May 20 will require reservations that are approved in writing by the interim vice president for student affairs (via studentaffairs@case.edu) to ensure safety and adherence to policy," Kaler stated. "Participation in an unapproved activity on Case Western Reserve property will result in referral to the relevant conduct process, even for those scheduled to graduate."

In the meantime, Kaler says CWRU's facilities team will restore the locations impacted by the encampments, including the KSL Oval and Adelbert Hall areas. Specifically, crews will remove graffiti and posters glued to doors and windows and repairing damage to the oval. 

The full statement from CWRU's President Kahler can be read below: 

To the Case Western Reserve community,

This morning I write to report that, after 11 days on our campus, protesters from the unsanctioned encampment have voluntarily left the Kelvin Smith Library Oval and Adelbert Hall areas. Now, our facilities team will begin to restore these locations, including removing graffiti and posters glued to doors and windows and repairing damage to the oval, as we begin preparations for commencement.

The protesters leaving of their own accord is a good outcome, but I want to reiterate that any student, faculty or staff member who is found to have violated the university’s policies will be held accountable through the relevant conduct processes, which we have initiated. Legal action also may be pursued, including for those unaffiliated with the university who trespassed on university property and continually broke the safety guidelines and rules we set for this protest to protect our community.

As I wrote to you yesterday, in recent days, we have seen an escalation of activities that violate our freedom of expression policy and other university policies. Repeatedly this week, protesters have threatened to disrupt commencement events—one of the most cherished traditions on our campus for students, faculty, staff and families.

Commencement is a celebration of the culmination of years of hard work and knowledge gained. For many, especially the undergraduates who graduated high school in 2020 at the start of the pandemic, it may mark the first time they've walked across the stage after earning a diploma. And for those parents, spouses, grandparents, children and friends in attendance, it's an opportunity to watch their loved ones be recognized as the exceptional scholars and people they are.

This day cannot be tarnished for our graduates and their guests, many of whom are traveling from across the country or around the world. So, in addition to the safety and security measures we will be implementing for these events, all activities on university property related to freedom of expression, regardless of perspective or subject, between now and May 20 will require reservations that are approved in writing by the interim vice president for student affairs (via studentaffairs@case.edu) to ensure safety and adherence to policy. Participation in an unapproved activity on Case Western Reserve property will result in referral to the relevant conduct process, even for those scheduled to graduate.

This measure is intended to, as outlined in our freedom of expression policy, guide the time, place and manner of certain activities to ensure “all faculty, students, and staff [can] carry out their academic and professional activity without coercion, harassment, or disruption.” It is my sincere hope that each individual on this campus respects the hard work of every other person enough to not disrupt this special day.

Sincerely,

Eric W. Kaler
President

The ordeal began on April 29, when CWRU students, faculty, and others headed to the oval and vowed to protest until the university "meets their demands to divest from the state of Israel." Twenty of the initial protestors were detained and released, but no arrests were made.

The group later published a list of demands, and Case eventually allowed demonstrators to remain in the space overnight as long as they presented valid student or employee identification. However, three days later, administrators declared the protest was "no longer approved," claiming organizers had violated guidelines by "permitting third parties not currently affiliated with CWRU to remain on campus outside of predetermined hours."

Despite saying the protestors were now "trespassing," the school made no effort to forcibly remove them from the premises, and declared that would not be done unless things became violent. That never happened, although tensions did rise this past Wednesday when organizers publisher a video showing third-party contracted workers spraying students with paint in front of the "spirit wall" near the Thwing Center.

3News' Tyler Carey & Bri Buckley contributed to this report

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