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op-ed: Campus should take action when the conduct process fails.

See P4

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Demonstrators held a noon rally on Sproul Plaza and marched around campus to protest potential fee increases. Later, a group of protesters entered Tolman Hall, where they occupied a classroom.

Day of Action punctuated by violence, arrests Check Online

By J.D. Morris and Javier Panzar

Tensions between police officers and demonstrators fluctuated throughout the course of a campus protest Thursday, culminating in a violent scuffle when one man was arrested and carried from Tolman Hall by his arms and legs. At about 9 p.m., after over seven hours of protest inside the building, protesters were chanting in the lobby of Tolman, and police officers began to move toward the doors to prevent a small crowd of demonstrators outside from entering the building. Protesters then began running toward the west doors, and an altercation with officers ensued. One man was carried away and arrested after being forced to the ground by police officers. During the altercation, protesters got riled up and threw objects at police officers, resulting in a cracked window. The demonstrators left the building at around 9:10 p.m. Propelled by persisting state budget cuts to the UC and accompanying tuition increases, a group of around 150 left a noontime rally in Sproul Plaza and marched through campus. Led by a small contingent of about 20 bandana-clad protesters carrying makeshift shields adorned with artwork from famous

Missed the action? Check out videos that follow protesters from the rally to the occupation of a Tolman classroom.

works of literature, the group eventually reached Tolman Hall at around 1:20 p.m. A crush of around 70 protesters rushed the western doorway of the building, urging the crowd to follow. Police and protesters scuffled as officers tried to pull several protesters away from the doors. In the melee, at least one protester was pepper-sprayed by two police officers, said

UCPD spokesperson Lt. Marc DeCoulode. Once inside, protesters continued to rally, their clamoring cries of “They say cut back, we say fight back” and other chants reverberating down the halls. After marching the length of the second floor hallway, demonstrators eventually gathered in room 2308. In the classroom, the tenor of the demonstration cooled to a largely calm discussion — save for a few tense reactions to the presence of police officers and local television media — in which the demonstrators introduced themselves to one another and shared thoughts about the condition of the university and the state.

“My dad is a gardener, my mom is a maid — I come from immigrant families, and how the hell am I supposed to afford this education?” asked freshman Stephanie Benitez. Should the UC Board of Regents approve a multi-year plan that could send tuition and fees skyrocketing over $22,000 by 2015, Benitez said she would no longer be able to afford her enrollment. Campus spokesperson Janet Gilmore said the campus agreed with the motivations behind the demonstration. “We share the students’ frustrations over the state’s disinvestment in higher education, and we support their right to protest,” she said. One protest leader, Shane Boyle, said the group chose to “reclaim the space” at Tolman Hall because the campus closed the building’s 13 regular classrooms starting this semester. Tolman — which houses the campus’s Graduate School of Education — was deemed seismically “poor” in a 1997 study of campus buildings. A lack of state funding to replace the building prompted the closure, though staff and faculty remain in the building. The demonstrators regrouped in 2308 and began another meeting at about 7 p.m. One man was arrested around 8 p.m. because he had grabbed a magazine clip from an officer’s belt earlier that day, DeColoude said.

Eugene W. Lau/Staff

Alisha Azevedo, Jaehak Yu and Aaida Samad of The Daily Californian contributed to this report.

A police officer apprehends a demonstrator in Tolman Hall, where the Day of Action protesters occupied a room. The protest was propelled in part by persisting state budget cuts to the UC.


city government

Hiring goals for women, minorities unmet by campus

Panel discusses possibility of student supermajority district

By Amruta Trivedi | Staff UC Berkeley is struggling to meet its staff hiring goals for women and minorities due to a reduced budget and a staff hiring freeze implemented in spring 2009. Since last year, fewer campus job groups have met their designated goals for women and the American Indian and Alaskan Native populations, according to data from the plan. Campus officials said that these two groups are often difficult to recruit. “Because of the hiring freeze, there are very few opportunities to fill positions and recruit for diversity, and because of downsizing, there haven’t been as many jobs available as five years ago,” said Rich Lau, director of

the campus division of Staff Equal Employment Opportunity Compliance. “When we do have an opening, we try to work with managers to recruit for jobs by approaching organizations that could help us reach a goal.” As a federal contractor, the UC system is required to create hiring goals for all non-academic staff appointments that represent the demographics of qualified employees from the geographical region of recruitment. The campus set its current affirmative action goals in 2002 based on 2000 census data on demographics in the nine Bay Area counties. According to the census, the Bay Area population is about 18 percent Asian and 19 percent Hispanic, while the American Indian and Alaskan Native population is less than 1 percent. For this reason, Lau said it is often a challenge to meet campus hiring goals

for American Indian and Alaskan Native employees, who do not currently hold any senior management positions on campus. Two more job groups have added goals for hiring American Indians and Alaskan Natives since last academic year. Dan Garcia, a campus lecturer of computer science, attributes this lack of representation to the “shrinking pipeline” — the idea that as people move up through management and executive positions, the number of minorities and women represented tends to decrease. The fact that the campus is not meeting recruitment goals “doesn’t surprise me,” Garcia said. “Take Hispanics for example — you’ll notice that at the undergraduate level, there are fewer Hispanics than

hiring: PAGE 2

By Sarah Mohamed | Staff

Check Online

A UC Berkeley student has not been elected to the Berkeley City Council since 1984, when Nancy Skinner became the first student to ever serve as a council member. After 27 years, students are working to change that with the creation of a student supermajority district. But students are not confident that any proposal they put forward would succeed in the ultimate goal of creating a district where at least 80 percent of the constituents are students. Two years after Skinner joined the council, the city altered the way

Sarah Mohamed talks about the concerns brought up at the redistricting panel.

council members were elected by implementing a district-based voting system and mandated in the city charter that future redistricting would closely resemble the district boundaries established in 1986 — legislation that Skinner says hampered student efforts to win a council seat thereafter. Not only does the charter define and preserve district limits, but it also stipulates that adjustments to the boundaries — which are re-evaluated every 10 years to accommodate

redistricting: PAGE 3


News The Daily Californian

Friday, September 23, 2011

Online coverage 24/7 Online Exclusives Photo gallery: Chronicling a Day of Action

randy adam romero/staff

Protesters demonstrated on Sproul Plaza Thursday afternoon before heading through Sather Gate. A group of them later occupied classrooms in Tolman Hall.

On the blogs

hiring: Campus aims to diversify senior-level management From Front the population, and at graduate levels there are even less,” he said. “You find the problem of the shrinking pipeline, where the percent of women and people of color is far below population percentages.” As of October 2010, 12.5 percent of the 6,705 non-academic campus employees were Hispanic, with positions in research, engineering and senior-level management not fulfilling the specified hiring goals. Women made up about 58 percent of the campus’s non-academic workforce, exceeding the census data by 8 percent. However, Alfred Alipio Jocson, a campus representative for Staff Equal Employment Opportunity Compliance, said the campus struggles to recruit women into senior-level management positions. The campus has set a goal to have about 57 percent of upper management positions filled by women. Though women currently occupy half of the jobs in upper-level management, up from about 46 percent in April 2010, Jocson said that reaching the goal this academic year is unreasonable, given the current hiring freeze. “The idea is that, in the long term, we will get closer to having the workforce be of similar composition to the available workforce,” Jocson said. “But getting to that takes a while, especially in this state.” Amruta Trivedi covers academics and administration.


HIRING GOALS FOR WOMEN & MINORITIES 0.8% American Indian or Alaskan Native 0.0% 0.0% 5.1% 0.0% 0.0% 3.1% 6.7% 7.7%



Goal 2010-11*

Asian or Pacific Islander

2011-12* *academic year


6.0% 13.3% 15.4%


35.8% 26.7% 23.1%










Percentage of Women & Minorities in Campus Executive Positions SOURCE: UC Berkeley’s Staff Affirmative Action plans for the 2010-11 and 2011-12 academic years


The Daily Clog The music men: The Clog’s exclusive look at one of the most celebrated a cappella teams on campus: the UC Men’s Octet.

Local nurses join statewide strike at Berkeley hospitals

Correction Monday’s article “Study could help improve the efficiency of solar cells” was incorrectly placed on Page 2. The Daily Californian regrets the error.

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By Chloe Hunt | Staff As nurses across California went on strike Thursday, massive groups of local nurses and supporters gathered to protest at Alta Bates Summit Medical Center hospitals in Berkeley. Nurses from the California Nurses Association, who walked off the job at affiliate hospitals across the state, protested “200 sweeping demands for concessions” they believe would restrict their abilities to effectively advocate for patients as well as reduce patient care, according to a media release from the union. Contract negotiations between the union and Alta Bates have been ongoing since May. At 12 p.m. Thursday, more than 250 local nurses and supporters as-

sembled at the Alta Bates Summit Medical Center campus on Hawthorne Avenue. “I would be happy just going back to the old contract,” said Jacqueline Musich, who said she has been a labor and delivery nurse for the past 17 years. “This is an unprecedented number of takeaways. It feels malicious.” The union outlined its frustrations in a National Nurses United — of which the California Nurses Association is a sector — media release, stating that Sutter Health wanted to eliminate paid sick leave, reduce retiree health coverage and hinder the ability of charge nurses to advocate for patients. A statement from Alta Bates said it will remain committed to providing nurses with competitive wages and benefits. Replacement nurses are keeping the hospital staffed for the next five

days. “We’re losing pay for five days because we want to strike for one day,” said Tanja Schlosser, an Alta Bates nurse for more than 20 years. “Other hospitals don’t do this — it’s putting patients at risk. We could be back to work tomorrow.” Carolyn Kemp, director of public relations for Alta Bates, said it was necessary to sign a five-day agreement in order to get nurses of high caliber. “I’ve never seen so many nurses out in the picket line so spirited and yet so angry,” said Liz Jacobs, communications specialist for the state union. The hospital staff is scheduled to resume bargaining on Monday, according to Jacobs. Kemp said Alta Bates hopes to reach an agreement with the union and welcome back the protesters to work Tuesday.

The Daily Californian OPINION, News & LEGALS

Friday, September 23, 2011

Truels of engagement


Local Schools

Livin’ in a gamer’s paradise Translator position aims to bridge achievement gap By Weiru Fang | Staff

Saturday, Sept 24th 9am-1pm

communicating with families,� said district position will make translation Nancy Hoeffer, manager of the Berke- processes more organized because ley Schools Excellence Program. the appointed personnel will not only The latest statistics show that eight interpret and translate but also coorindividual schools — along with the dinate services amongst the various district as a whole — have over 15 per- community components. cent of English learners who speak This specialist position was one out Spanish as their primary language. of many proposed recommendations These eight schools include Berkeley after a communication study was conTechnology Academy, two middle schools and five elementary We believed there is a difference schools, she said. between providing information to the According to 2009 data from the California Department of family and truly communicating. Education, 24.2 percent of all — Delia Ruiz, California students enrolled Assistant Superintendent of Human Resources for the school district in public schools are English learners, and out of these, 84.8 percent are Spanish speaking. ducted last year by the Berkeley UniDelia Ruiz, assistant superintendent fied Communications Working Group of Human Resources for the district, said in partnership with Madera Group, an because translating in the district is cur- outside consulting firm. rently done by several individuals and The hiring and interviewing process varies from school to school, there was a will begin once the district’s Personnel need to set up a more systemic way of co- Commission of the Merit System apordinating language needs efficiently. proves the drafted minimum qualifica“We believed there is a difference tions for the job. between providing information to the “We want to make sure all students family and truly communicating,� Ruiz and all families can benefit fully, and if said. language is something that is interferMary Hurlbert, administrative co- ing (with this), we want to address that ordinator for the Berkeley Schools in a systemic way,� Ruiz said. Excellence Program, said this new Weiru Fang covers local schools.

redistricting: Some studentsMa^=Zber<Zeb_hkgbZg hope to change ;460;B2><82B?DII;4B From front


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changes in the cityâ&#x20AC;&#x2122;s census data â&#x20AC;&#x201D; but weâ&#x20AC;&#x2122;re taking it a step further and change â&#x20AC;&#x153;the political complexion of must not draw council members out of bringing it to the ballot â&#x20AC;&#x201D; thatâ&#x20AC;&#x2122;s the the cityâ&#x20AC;? and threaten progressive their district and must maintain nearly only way to make it a reality,â&#x20AC;? Freeman voices currently on the council. equal population distributions across said. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s potentially a great idea â&#x20AC;&#x201D; but UC Berkeley students currently it depends how itâ&#x20AC;&#x2122;s done,â&#x20AC;? he said. the cityâ&#x20AC;&#x2122;s eight districts. â&#x20AC;&#x153;The architects of the district sys- constitute a large portion of District â&#x20AC;&#x153;Some of the ways some people are tem, their purpose was to divide the 7, which encompasses a significant proposing it are actually alienating student and progressive votes,â&#x20AC;? said portion of neighborhoods directly the voters of Berkeley.â&#x20AC;? Skinner, who now serves on the state south of campus. Councilmember When asked by panel member assembly. â&#x20AC;&#x153;They divided up the stu- Kriss Worthington, who has repre- Bruce Cain, a UC Berkeley professor dent housing into at least a minimum sented the district for the last 15 of political science and public policy, ?7>=4) .*)&.-1&1,)) 50G).*)&1-2&+1), e^`Zel9]Zber\Ze'hk` emphasized throughout his what an 4<08;) ofIhlmrhnk:eZf^]Z<hngmrE^`Zelpbmanl' four districts â&#x20AC;&#x201D; they were very years, has ideal student district would specific, and they were trying to tenure that he is a strong voice for look like, Worthington said â&#x20AC;&#x153;one that ensure that their intent would be per- students on the council and has doesnâ&#x20AC;&#x2122;t align students to make it look helped several young people win manent.â&#x20AC;? like somebody from the more moderStudents working with the ASUC, office in various city and county posiate side is going to win the seat.â&#x20AC;? UC Berkeleyâ&#x20AC;&#x2122;s student government, tions. Still, advocates of a student district But at a panel to discuss the possitried to redraw district lines to create a student supermajority district in bility of a student supermajority dis- maintain that the student population 2001, but their proposal was not trict Wednesday night â&#x20AC;&#x201D; sponsored should exert an influence that is repMayor Tom Bates and resentative of the fact that students charter-compliant because it deviat- by Councilmembers Laurie Capitelli, make up 25 percent of the cityâ&#x20AC;&#x2122;s poped too far from the 1986 boundaries. Ihlmrhnk:eZf^]Z<hngmrE^`Zelpbmanl' Attempting to pick up where his Darryl Moore and Susan Wengraf ulation, Freeman said. â&#x20AC;&#x153;Everyone agrees they really are a predecessors left off, ASUC External alongside the UC Berkeley Office of and Community community,â&#x20AC;? said Councilmember Affairs Vice President Joey Freeman Government said student efforts need to go further Relations, Berkeley City College and Gordon Wozniak. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s time to have a â&#x20AC;&#x201D; they need to change the city char- several other local organizations â&#x20AC;&#x201D; student on the council.â&#x20AC;? Sarah Mohamed is the lead city govWorthington expressed concern that ter. â&#x20AC;&#x153;We have the same idea in mind ... the creation of such a district would ernment reporter.

.*)&.-1&1,)) .*)&1-2&+1), 4<08;)e^`Zel9]Zber\Ze'hk`

hub for all things recreational. Itâ&#x20AC;&#x2122;s impossible to miss Games of Berkeley from Shattuck. Window displays and racks stuffed with board games litter the store, threatening an epileptic episode as the eye spins dizzyingly from intrigue to intrigue. Many would find this place unnervingly dorky, but for gamers the colors and stuffed dinosaurs mark the passage into a different social realm. Inside the store â&#x20AC;&#x201D; affectionately known as â&#x20AC;&#x153;Gobâ&#x20AC;? by patrons â&#x20AC;&#x201D; there are rules. Lots of rules. Commonly heard phrases that drift through the storeâ&#x20AC;&#x2122;s two gaming rooms (one subterranean, the other in the back of the ground level) include seldomheard gems such as: â&#x20AC;&#x153;During your draw step I cast Vendilion Clique, targeting you. Pitch Cruel Ultimatum.â&#x20AC;? â&#x20AC;&#x153;Atari.â&#x20AC;? â&#x20AC;&#x153;Critical hit! Donâ&#x20AC;&#x2122;t forget to subtract the elementalâ&#x20AC;&#x2122;s fire resistance this time.â&#x20AC;? â&#x20AC;&#x153;Brazil attacks Argentina. How can the Argentinians roll so many 1s? They should be too busy cultivating new strains of potatoes to form an effective militia force.â&#x20AC;? It is a kind of gamerâ&#x20AC;&#x2122;s utopia. Here the mightiest and most beloved competitors are those who piloted an inventive Magic: the Gathering deck to victory or who bring their own Crown Royal dice bag to Dungeons & Dragons sessions. Distinctions of class, race and social status melt away when one focuses on an opponentâ&#x20AC;&#x2122;s playing style or a mutual respect for a game. It doesnâ&#x20AC;&#x2122;t necessarily have to be this way. While Games of Berkeley is a local landmark and a haven for gamers, passion and good times should not remain confined to its basements. Games are a fantastic way to forge new friendships and rekindle old ones. Win, lose or draw, when we play we learn something not only about ourselves but also about the person sitting across from us. Take, for example, myself. If you look for me in front of Dwinelle Hall most Wednesdays youâ&#x20AC;&#x2122;ll see me hunched over a folding chess board. Yes, thatâ&#x20AC;&#x2122;s right â&#x20AC;&#x201D; Iâ&#x20AC;&#x2122;m a gamer too. And if youâ&#x20AC;&#x2122;re still skeptical about gamers, just sit across the chessboard from me sometime. I promise you will learn plenty.



True Shields

The Berkeley Unified School District Board of Education approved a new translation and interpretation specialist position at its meeting Wednesday, in the hope of bridging the districtâ&#x20AC;&#x2122;s racial achievement gap. The school board approved this staff position to improve bilingual communications â&#x20AC;&#x201D; specifically with Spanish â&#x20AC;&#x201D; at the district level and at its schools as a part of a community-wide plan called 2020 Vision. As required by state law, the district must provide translation and interpretation services if 15 percent of English learners enrolled in the district or at specific schools speak a primary language other than English. District Superintendent Bill Huyett said parent engagement plays a big part in closing the achievement gap, as parents will be more engaged in their childrenâ&#x20AC;&#x2122;s education if the district is able to communicate with them in languages they can understand. â&#x20AC;&#x153;As a district, weâ&#x20AC;&#x2122;re committed, whether weâ&#x20AC;&#x2122;re required to or not, in


They are everywhere. They walk among us in the daytime and appear no different from you or I â&#x20AC;&#x201D; they are neighbors, friends and co-workers. But come dusk they undergo a startling transformation. They occupy the back rooms and clandestine chambers of your cities, passing ghostlike through the streets and alleyways. In their shadowy wake they leave a trail of crumbs and crumpled energy drink cans. They are gamers. Gamers are not, by definition, any particular sort of person. They might enjoy board games, video games or role-playing games, and they might be tall, short, black or white. Varying levels of dedication also exist among gamers â&#x20AC;&#x201D; some spend days on end with their eyes locked to glowing screens while others play a casual game of Settlers of Catan after work every so often. What truly separates a gamer from someone who simply plays games is dedication. A gamer will stop at nothing to achieve perfection and dominance on the tabletop and constantly seeks ways to improve their game. This dedication can also manifest itself as a commitment to enjoy activities condemned as â&#x20AC;&#x153;nerdyâ&#x20AC;? or anti-social with people they like, damn the consequences. This distinction is not unlike that between people who exercise by playing sports and athletes. Surely Cindy from accounting isnâ&#x20AC;&#x2122;t running to learn how to drop her 40-yard dash time below 4.6 seconds â&#x20AC;&#x201D; she jogs because she wants to shed her love handles. On the other hand, a mixed-martial-arts fighter doesnâ&#x20AC;&#x2122;t allow a sparring partner to triangle choke him repeatedly because it gives him the jollies. He does this to learn, inside and out, what he is capable of and how to become the best competitor he can be. He does it for the love and sake of the game. Gamers are often stigmatized because of this dedication, which is misconstrued as obsession or perfectionism. There are those gamers for whom the addictive allure of massively multiplayer online games or the poker table proves too strong, but for the most part gamers are either mental athletes whose goals and interests coincide or thrill seekers looking to have fun. The same can be said of Wall Street businessmen, professional baseball players or celebrity chefs, yet there are few social groups that receive so much abject disapproval as gamers. This is why gamers form communities. Within a close circle of friends whose love for games mirrors their own, gamers can flourish and sharpen their skills against like-minded individuals whose only concern is fun and intellectual stimulation. In Berkeley â&#x20AC;&#x201D; a college town bursting at the seams with geekery and quirky passions â&#x20AC;&#x201D; a veritable opium den for gamers exists as a

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If administrators and faculty don’t believe in serving the public and being the greatest university on earth, let them go. We don’t need them.”

Friday, September 23, 2011


Op-Ed | Discussing Student Conduct

What are rights without remedies?

A fading fight CAMPUS ISSUES Falling in line with previous protests, Thursday’s rally failed to draw large crowds and broad student support.


e hear among our peers the struggles and fears that haunt them as they helplessly watch tuition increases pass semester after semester. They have much to say and express. But Thursday’s protest was unsuccessful at conveying that sentiment. The poor turnout — about 300 at its peak — was not surprising: the protest was incredibly underpublicized and participation has been on the decline over the past year. This is evident by the growing proportion of fringe protesters. The movement as it is now has lost momentum, and we do not see it maturing in the near future. The current model is failing in its ability to mobilize masses and educate those who stand to lose the most should further tuition increases occur — freshman. The movement needs to reinvent itself beyond rallies on Upper Sproul and meetings huddled outside buildings. Every semester for the last four semesters, the campus has come together for a Day of Action for public education. This should continue, but in order to appeal to all, it must take on new forms like teach-ins, phone banks, campaigns and speaker series. But the transformation cannot come solely from those currently

leading the march. It must stem from leaders and public figures — ASUC executives, administrators, Academic Senate officials and state legislators. Students once flocked to see speakers like professor Robert Reich disscuss education during teach-ins. The ASUC Senate has endorsed protests in the past and student government officials have previously been visible members in rallying crowds. Where are those voices now? We recognize those like professor Richard Walker, who came out Thursday, and thank them for their efforts. We understand why leaders may have chosen not to join in and why there is frustration with the movement’s direction. But to leave 35,000 students who are worried about public higher education without guidance and direction is a failure of leadership. Leaders perhaps do not attend rallies because they do not expect high student turnout, but their very absence is what propagates the lack of involvement. It is time for our campus to come together and reignite the fire in students’ hearts that once drove thousands out to demonstrate. Without that flame, the protest movement and the voice of the campus will continue to wane.

Speechless UNIVERSITY AFFAIRS The UC Board of Regents’ student representatives were silent during a critical discussion, much to our dismay.


C Student Regent Alfredo Mireles Jr. has one vote on the UC Board of Regents. As the only voting member enrolled in the UC system, he represents all 220,000 students. But last week, during the regents’ consideration of a plan which could see tuition surpass $22,000, neither Mireles nor Student Regent Designate Jonathan Stein said one word. We are speechless. Their excuses? Mireles said that “on every issue I could state an obvious student position, but I want to be received by the other regents as someone who is insightful and speak on issues in a thoughtful way in order to have my words be received strongly.” Stein said in an email that it is “typically the job of the student regent designate, early in his or her tenure, to meet people, listen to their concerns, and raise issues privately instead of publicly.” We cannot believe that neither student had anything to say in the discussion and did not speak up on behalf of students. Mireles and Stein must not be so passive. Their explanations are not acceptable and seem like a rush to the nearest excuse. Mireles and Stein inherently possess distinct

— Richard Walker, Professor of Geography at UC Berkeley

perspectives from the rest of the board because they are students, not affluent members of the state’s elite. Mireles also said that because other regents were strong in opposing the plan, he felt they were doing his job for him and he did not want to interrupt, implying he had nothing new to say. Instead of speaking up during the meeting, Mireles said he has opted to work “behind the scenes.” Stein, too, said that he saw his role, at least initially, as more private. We acknowledge the importance of communicating with other regents in a discreet manner outside of public meetings. However, representatives cannot be effective by conducting all of their duties behind a curtain. They must be visible and vocal, demonstrating to their constituents that they are truly serving their causes. This is the precedent set by previous student regents, and it is the expectation of their peers. Even if Mireles or Stein say exactly what others would anticipate, they must not shy away expressing their ideas. We expect them both to break their silence at the next regents’ meeting and fulfill their roles as the embodiments of all UC students.

By Thomas Frampton Special to the Daily Cal Imagine the following scenario: a UC Berkeley administrator doesn’t care for a particular student group ­— say, the Cal Students for Liberty — and decides to pursue trumped-up disciplinary charges against the organization’s active members. The university official even goes so far as to submit false evidence against our young libertarians. After threatening the students’ academic futures for over a year, the university finally affords them a formal hearing, but thankfully an independent adjudicatory panel sees through the charade. Meanwhile, though, the students have suffered real harm: their grades have dropped, they’ve spent countless hours missing work while fighting to save their educational future and their names have been dragged through the mud. Certainly the university’s grievance procedure — which exists to provide relief for students who are the victims of inappropriate applications of university policy — offers some remedy for these exonerated students, right? Wrong. That was the position announced Sept. 14 by university officials, who issued an initial ruling rejecting parts of a formal grievance filed by graduate student Aakash Desai. Mr. Desai was active in the anti-austerity movement that exploded in Fall 2009, and received disciplinary charges stemming from campus protests. Despite regulations requiring that formal disciplinary hearings be held within 45 days, university officials waited 14 months to convene a tribunal, offering Mr. Desai no explanation for the unprecedented delay. When he finally received his day in court, Mr. Desai alleges that Jeff Woods, the assistant director for the Center for Student Conduct, engaged in gross misconduct: knowingly withholding exculpatory information, submitting plagiarized police reports into evidence and affirmatively lying to the hearing

panel to bolster the university’s case. In the end, after eight hours of hearings, it took the three-judge panel (chaired with commendable evenhandedness by EECS professor Ron Fearing) just 18 minutes of deliberation to clear Mr. Desai on all charges. Mr. Desai filed his grievance shortly after the verdict. Most troubling about the university’s announcement — aside from the ironic fact that it was authored by Sheila O’Rourke, an administrator in the university’s Division of Equity & Inclusion — is that it presumes Mr. Desai’s factual allegations are entirely true. The university didn’t find that there was no discrimination based on political belief in Mr. Desai’s case, nor that university officials actually testified truthfully, nor that the grievance was untimely. Rather, the university explained that Mr. Desai simply failed to allege “facts which, if true, would constitute a violation of law or University policy.” This is something one might expect from a Berkeley official in 1963 but not 2011. It’s a position that should be repugnant to everyone in the university community, regardless of their political affiliation. For those who have been following Berkeley’s disciplinary proceedings

Editorial Cartoon

By Katie Lee


against student activists — which have garnered repeated condemnations by the American Civil Liberties Union — last week’s endorsement of discrimination and harassment will come as little surprise. Ms. O’Rourke’s ruling is stunning not so much for the novelty of the policy announced but for the bluntness with which it endorses the onthe-ground reality that student activists have encountered for the past two years. The quiet (and long overdue) departure this summer of Susan Trageser, former head of the Student Conduct office, seemed a promising indication that the university was prepared to turn a new leaf. But Ms. O’Rourke’s tortured defense of Jeff Woods comes as a sobering reminder: the university continues to disregard the basic rights of students engaged in political activity on campus. If university officials expect to be seen as honest brokers and have credibility with their students, they should reverse Ms. O’Rourke’s position on Mr. Desai’s grievance and take action against those responsible for violating students’ basic rights. Thomas Frampton is a third year student at Berkeley Law and cofounder of the Campus Rights Project at UC Berkeley.

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Physical Sun Devils could present trap game for explosive Bears to start weekend By Seung Y. Lee | Staff Despite playing annually against top-five Pac-12 juggernauts like Stanford and UCLA, the No. 17 Cal women’s soccer team’s most difficult conference opponent could potentially be Arizona State. In their last three outings against the Sun Devils, the Bears (7-1) failed to finish the game within the regular 90 minutes of play. In the three overtime tilts, Cal won only once — thanks to a golden goal by Lisa Kevorkian in 2009 — and tied the other two. “In those three matches, we played two at Arizona State and they are very comfortable in their weather and elements,” Cal defender Emi Lawson said. “I think we will get a very differ-

Quick Look: when: friday at 4 p.m. where: edwards stadium ent result this weekend.” Friday’s match might be the one that ends the streak. Now equipped with an explosive offense, the Bears are looking forward to getting a win against a shaky Arizona State (4-4) at 4 p.m. at Edwards Stadium. Cal will then take a trip to the South Bay to play against its first nationally ranked opponent, No. 21 Santa Clara (3-1-4), on Sunday at noon. For the past few years, the Sun Devils has been a mid-table team in the Pac-12, and this season, it looks to be no different. Although Arizona State has had some bright spots in its season, like defeating then-No. 21 South Carolina

on Aug. 28, there are as many dark clouds — like their 5-0 whopping by Texas Tech. But if there is a compliment — or an insult — that can be said about Arizona State, it is that they are incredibly aggressive and physical in their play. Compared to the Bears’ 58 fouls this season, the Sun Devils have collected 85 fouls. In last year’s contest between Cal and Arizona State, there were a total of 27 fouls and four yellow cards, three of which went to the Sun Devils. “Arizona State comes out with a mentality that cannot be bent,” Cal coach Neil McGuire said. “They have an excellent coach in Kevin Boyd, and he instilled a great team structure and aggressiveness in defense.” It is no surprise that McGuire have such a high level of respect for the opposing coach. Boyd was the head

coach for the Bears from 1997 to 2006, leading them to the NCAA tournament eight times until being replaced by McGuire in 2007. Thanks to the solid foundation that Boyd built, McGuire eased into his new role. In his fifth year at Cal, McGuire has developed a potent offense. Led by forward Katie Benz’s 10 goals this season, the Bears’ offense is currently ranked fourth in the nation with 3.75 goals per game. On the flip side, Arizona State ranks third in the conference in most goals allowed. With tougher matches against the Cardinal and the Bruins on the horizon, Cal sees Friday’s tilt as a way to ease into conference play, where beating opponents can help rankings and postseason seeding. “The stakes are a bit higher,” Lawson said.

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Midfielder Kaitlyn Fitzpatrick is part of the nation’s fourth-best scoring offense.

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56. Diamond, for one 57. Liverpool slammer 58. Tiny amount 59. Wonder 60. Fastener


Check online for more on this weekend in Cal athletics, including water polo, soccer and cross country.

Friday, September 23, 2011 •

football |


Bears ready to bite back at Huskies By Jonathan Kuperberg | Senior Staff The Cal football team ended its 2010 season with a nasty dog bite. Last November, Washington drove the length of Memorial Stadium and scored a touchdown as time — and the Bears’ postseason aspirations — expired. The loss still stings for Cal, making Saturday’s 12:30 p.m. face-off at Husky Stadium in Seattle a revenge of sorts. “Everyone knows what happened last year, so the team’s pretty fired up about it,” linebacker Mychal Kendricks said. The Huskies (2-1) have beaten the Bears (3-0) in their last two matchups, as well as the last two in Seattle. Coming off a thrilling Big Game victory in 2009 with hopes for a major bowl, Cal went up Seattle to end the regular season and was destroyed, 42-10, by a middling Husky club. With the seemingly impenetrable duo of No. 5 Stanford and No. 10 Oregon — and paltry potential of Washington State and Oregon State — these two teams could, in their Pac-12 opener, end up deciding third place in the division. Not that anyone is looking that far ahead. For now, the Bears are preparing for their first conference road game, and what will likely be the most difficult venue they’ve seen yet. “In a loud stadium like that, you always need to make sure communication is key,” said coach Jeff Tedford, who added that his team has been practicing with simulated crowd noise. In past years, a major focus in game preparation for Washington was Jake Locker, who was selected eighth overall in the 2011 NFL Draft. Kendricks didn’t appear to miss the dual-threat quarterback he called “fast and strong as hell,” though Locker’s replacement is no slouch. Keith Price is tied for first in the country with 11 touchdown passes and is in the top 20 in QB rating. The sophomore signal-caller threw for four touchdowns and 274 yards against a stingy Nebraska defense last week in the Huskies’ 51-38 loss. Unlike Locker, who would tuck the ball and run, Price prefers to throw on the run — and he’s been accurate, completing nearly two-thirds of his passes. “It definitely adds another aspect to the game,” Kendricks said. “It makes our job a little harder, but that’s just the way the game is. “We’ve just got to put pressure on him.” Price’s mobility will test the Bears’ defense, which will already have its hands full with trying

field hockey |


West Coast control at stake in Cal’s trip Quick Look: when: friday at 7 p.m. where: varsity turf By Eric Lee | Staff For one second, let’s just put aside all the implications that come with any traditional Cal-Stanford matchup and look objectively at the significance of this Friday’s 7 p.m. game at the Cardinal’s Varsity Turf. It could be said that the respective field hockey programs for the No. 8 Cardinal and the No. 12 Bears (7-1, 1-0 in NorPac) are currently at their historical peaks. Stanford (6-1, 1-0) hasn’t had a ranking this high since 1987. Similarly, the Bears’ No. 11 ranking from last week was their highest since the NFHCA poll started in 1998; Cal’s 5-0 start was its best in almost 30 years. These two teams also represent the rising tide of West Coast field hockey in a sport traditionally dominated by East Coast schools. The Bears and the Cardinal are the only two teams west of the central time zone represented in the top 20 polls — with Iowa being the next closest. Then we add to the mix a centuries-old rivalry, Stanford’s two victories over the Bears in consecutive NorPac Tournament finals and suddenly this turns into Cal’s most significant match of the season — a season in which they’ve already played and defeated five ranked teams. “Any big game has significance and we’ve always honored the rivalry through the years,” coach Shellie Onstead said, something she learned as an All-American for the Bears in the early ’80s.

field hockey: PAGE 7

Pac-12 opener will reveal what words won’t

Gabriel Baumgaertner


jeffrey joh/file

Wide receiver Marvin Jones leads Cal with three touchdown catches and 98.7 receiving yards per game.

Quick Look: when: saturday at 12:30 p.m. where: husky stadium tV: fsn/csn bay area radio: kgo 810 am

Check Online

Daily Cal football beat writers podcast to break down a Washington matchup that could stabilize the Pac-12 North hierarchy.

to tackle Chris Polk. Washington’s star tailback ranks 10th nationally in rushing yards and has surpassed 100 yards in all three games. “He’s a strong, hard runner,” Kendricks said. “He likes to make a lot of yards after contact.” Polk rushed for a combined 180 yards in the teams’ last two matchups, and scored the gamewinning touchdown last year on a one-yard run. He torched the No. 9 Cornhuskers last week to

Volleyball |

the tune of 130 yards on just 22 carries. Washington was down just three to Nebraska at the half, but 20 yards in penalties and a dropped kick return gave the Cornhuskers two easy scoring opportunities early in the third quarter to put the game out of reach. Giving up 464 yards of offense wasn’t pretty, but at least the Huskies were playing a top-10 team. Juxtaposed with Cal’s defensive showing against Colorado — 582 total yards allowed — the Huskies should have the clear advantage on paper. The Bears did give up only 48 yards last Saturday, though that was to FCS school Presbyterian. “Every game is different,” Tedford said. “Every protection is different. You don’t know how people utilize certain things. So it really depends on what they do.” One thing both Cal and Washington do is turn the ball over. They each have three interceptions and a fumble this season, and Saturday’s outcome could rest on who makes the most mistakes.

t’s never a surprise when football coaches and players offer dry responses about an upcoming game because there is often not too much to say. Cal coach Jeff Tedford has always been reserved about what he says to the press mainly because he may in fact stand little to benefit from revealing his true thoughts, plans and schematics to the press. It can be frustrating to hear the same responses week after week, but it is also understandable because it’s often difficult to find questions that won’t be met with the same stock answers. But this week, even I had to scratch my head as a visiting television reporter asked every interviewee — Jeff Tedford, Marvin Jones and Sean Cattouse — about how the team was feeling now that they were really getting into conference play and how they felt about going to a stadium that would be really loud. How did the team really feel about Zach Maynard since he hasn’t played in a real conference game. These types of questions seem to come up every week. But this time I was positively dumbfounded. I remember the Bears already

baumgaertner: PAGE 7


No. 1 Bears head to L.A. for first Pac-12 trip By Christina Jones Senior Staff Memories of the Galen Center on the USC campus are particularly vivid for some members of the Cal volleyball team. “We had match point,” junior Correy Johnson said. “And we lost it ourselves. We had a hitting error into the net on match point.” The Trojans handed the Bears their first loss of last year’s season in excruciating fashion. After dropping the first two sets in Los Angeles, Cal stormed back to force a fifth frame only to fall. On Friday at 7 p.m., the No. 1 Bears (13-0, 3-0 in the Pac-12) again take their spotless record to Los Angeles where No. 12 USC (7-3, 2-1) will look to pull the upset on its home court. Cal will then travel to the John Wooden Center to take on No. 7 UCLA on Saturday at 7 p.m. The Trojans’ memories of their last match in the Galen Center aren’t so fond, either. On Sept. 9 in front of a record-breaking crowd and a television audience, the then-No. 8 Bruins embarrassed host USC, 3-0. Coach Mike Haley’s squad gallops home, however, with an incredible amount of momen-

Check Online

The Sports Desk talks about Cal’s tests at USC and UCLA in a podcast.

tum. After losing to UCLA, the Trojans trounced No. 4 Washington in straight sets. The victory marked the Huskies’ first loss of the year, and the first time USC won in Seattle since 2003. “(USC is) a very good team that’s capable of beating anyone in the country,” coach Rich Feller said. “They hit a bump, but they responded and they came right back.” Feller’s squad has yet to suffer such a setback, but the Bears aren’t as battle-tested as the Trojans. Cal beat then-No. 2 Stanford, but hasn’t played other ranked teams. This match marks the Bears’ first real road test. “We may hit some bumps and how we respond is the mark of how good we’re going to be,” Feller said. USC is clearly quite good, not only in its ability to rebound but simply in its talent. The Trojans return three AllAmericans: outside hitter Alex Jupiter, setter Kendall Bateman and middle hitter Lauren Williams. The Bears also have to contain attackers Sara Shaw and Katie Fuller, who had career nights at Washington.

Eugene W. Lau/file

The Bears lead the conference in hitting percentage with a .321 rate. Cal will look to dislodge the Trojan attack primarily through aggressive serving. The squad has been working on floating serves that make defenders move to get the ball, which tends to minimize the setter’s offensive options. “It makes teams much more predictable if we’re able to get them out of system and not be able to set the middles,” Johnson said. “It makes it easier on our block and defense.” The Bears’ defense hasn’t

struggled thus far — opponents are averaging a meager .094 hitting percentage against Cal, which is the lowest mark in the Pac-12. Meanwhile, Barrett has guided her offense to a conference-best .312 rate, while the Trojans sit at third with a .283 attack rate. While the Bears have a statistical edge, there is no way to quantify the Trojans’ momentum or home court advantage that Cal will need to overcome to emerge victorious.

Daily Cal - Friday, September 23, 2011  

Full issue of Berkeley's Daily Californian

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