Prior to Students Against Israeli Apartheid’s March 27 rally, York sent the club two emails requesting the venue of the protest be changed from Vari Hall so classes would not be disrupted.
It was this rally which resulted in the club’s status being revoked by the university. The Office of Temporary Use of University Space (TUUS) requested via email that SAIA use either the Student Centre or the Commons outside of Vari Hall. The first email, dated March 12, suggested the Student Centre as a potential location for the event. “It is a student space, central,and is highly populated at that time of day,” it said. “It is also a space where no classes are held which means that you would not be disrupting any of your peers in their studies.” The email reiterated the university’s concerns regarding a potential academic disruption, stressing that 1 p.m. on a Wednesday is “probably the busiest time of the week in terms of class capacity in Vari Hall.”
In the email, the university acknowledged the ralliers would be protesting York’s alleged investments in weapons manufacturing companies and would call on York to implement “a socially responsible investment policy. The rally was in support of the York Federation of Students’ endorsement of the Boycott, Divestment and Sanctions campaign. SAIA did not respond to the initial email, prompting the university to send a second email on March 26.
SAIA had submitted an application to use Vari Hall as a venue, as is required by TUUS, but a permit was not issued to the group.
The email pointed out the scheduled protest time could interfere with in-class exams and student presentations as the end of the term was approaching and included a link to the Senate policy on disruption of academic activity.
SAIA claims a response was sent to the second email, but according to the university, no such response was received. The club was not able to provide Excalibur with a copy of their response in time for publication.
Representatives from SAIA say Vari Hall is the historical centre of student organizing at York and was built to facilitate student expression.
SAIA member Dan O’Hara says events held outside Vari Hall, which is at “the centre of life on campus,” are far less likely to connect with students.
When asked if SAIA’s club status was revoked as a result of the university’s disagreement with their cause, President and Vice Chancellor Mamdouh Shoukri said, in a meeting with Excalibur, “They are a legitimate club, and
He added, however, “The committee that made the decision was really left with no choice. We sent warning twice, they violated the policy, caused an academic disruption. I’m not sure what this has to do with the cause. These are the rules of the game.”
In an email on September 9, Rider explained the decision to revoke SAIA’s club status was made after careful consideration, including the review of a full security report. When asked for a copy of this report, however, Rider responded, “Your request is declined as it is not our normal practice to make security reports public. They generally contain data of a personal and confidential nature.”
O’Hara says York has not been able to provide any evidence the club violated university policy. The only complaint SAIA is aware of is a noise complaint filed by a student, which was subsequently resolved by a local adjudicator, appointed by the university, who found no formal breach of policy. SAIA apologized to the student and the case was put to rest.
But Rider explains an adjudicator would have only considered the details of a specific case, and not if academic activity was disrupted on campus.
In an email to SAIA dated September 20, Shoukri wrote that noise complaints were received from members of the community who were in classes close to Vari Hall. “These complaints were documented via social media and by primary witnesses.”
“Putting sanctions against a club based on social media when anybody could use that hashtag means I could say that from halfway across the world,” says O’Hara. “It seems that what they have to go on is the adjudication process, which has already been resolved.”
SAIA members believe the university has been inconsistent in how it has dealt with rallies held in Vari Hall and that their club was treated unfairly, citing the Cops off Campus rally, in which megaphones and loudspeakers were used. The rally was allowed to continue in Vari Hall without any sanctions being placed on organizing clubs, including the York University Black Student Alliance.
When asked specifically about how the university has handled other rallies held in Vari Hall, in which sound amplification devices were used, Joanne Rider of York media says the following: “All groups must follow the established [TUUS] procedure and the University is consistent in its approach in this regard.”
While Shoukri insists this is not a freedom of speech issue, O’Hara points to organizations like the Canadian Civil Liberties Association, the Ontario Civil Liberties Association, and Canadian Association of University Teachers, who have come out in support of SAIA, calling on York to lift the restrictions placed on them.
Since February 2009, four clubs, including SAIA, have had their club status revoked by the university.
SAIA will seek to regain its official status at York in January 2014.
Editor-In-Chief
Revision: This article has been edited from the original version to include new information that SAIA did indeed submit an application to the Office of the Use of Temporary Use of University Space.
