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Impasse: How a pro-Palestine protest at a B.C. university ended up in court

Vancouver Island University claims students vandalized HR department drop box, turning it into a 'how to be more racist box'

Vancouver Island University is seeking an injunction to remove the student-led Palestinian solidarity encampment from its Nanaimo campus, and to retrieve costs from the protesters. 

The student-led encampment, which has been ongoing since May 1, calls for the university to release a statement condemning genocide in Gaza, disclose all university investments, shut down the campus Starbucks and open an investigation into an incident at VIU this past winter when Muslim students' bags were allegedly searched without their consent.

The encampment's demands have been met with some response over the two and a half months.

On May 8, the university was forced to temporarily cease business operations at the campus Starbucks location. In the civil claim document, the university states the decision was following "disturbing and threatening signs" and "chalk messages." This created a loss of revenue for the university, which has a licensing agreement with the company to operate the coffee house. The encampment denied the claim that the messages were threatening, and

A month later, following a meeting between VIU and the Students for Palestine Committee along with the encampment, the university

However, on July 11, the university issued a trespass notice and requested that protesters vacate and dismantle the encampment by 8 a.m. on July 15. The protesters didn't meet that deadline, instead holding a rally at the encampment site with drumming, dancing, and games.

Through  the encampment said it remained steadfast in its "commitment to the Palestinian cause, to dialogue, to our encampment and to our eight demands."

VIU followed this by issuing a notice of civil claim later in the day, requesting a court order to authorize the university to remove the encampment, and allow the police to arrest any person interfering with the removal. The claim also seeks relief for general damages, special damages, costs and any other relief the court deems justified. 

"As a result of the defendants' ongoing nuisance and trespass on the campus, conspiracy to injure the university, and the intentional interference with the university's contractual relations Ï㽶ÊÓƵֱ²¥¦ the university has suffered and continues to suffer loss and damage," the document read.

Five students are named in the notice of civil claim, as well as one former student and "all unknown persons operating as VIU Palestinian solidarity encampment."

In defence of the students, from different departments calling on the senior management team at VIU "to stop threatening our students and to call upon its bargaining team to honour commitments to our students and our community by engaging in dialogue as promised."

The staff members also requested the university retract threats of legal prosecution, academic penalty, and police action against the students, commit to not using peace officers, police, and/or private security to remove the protest encampment or otherwise intimidate student protesters, and "return to the bargaining table with the team for the Palestine solidarity encampment and engage in meaningful and good-faith dialogue about all eight of their demands."

"The [senior management team] has repeatedly alluded to vague 'safety' concerns without specifying concrete examples," the staff members wrote. "Rhetorically, these allusions have the effect of implying that our student protesters are creating 'unsafe' conditions on campus Ï㽶ÊÓƵֱ²¥¦ Our students are resolutely peaceful in calling for a ceasefire and in demanding that the university community acknowledge and respond to this call."

The civil claim submitted by the university gives a timeline of the actions by the students and their supporters following the set-up of the encampment.

The first, according to the claim, was an interruption of a board of governors meeting happening in the university library on May 23.

"The individuals refused to leave the meeting after being asked to do so by VIU campus security, and did not depart until being personally asked to do so by the chair of the board of governors," the claim states. 

The next was on May 29, as protesters entered the campus library again, carrying a drum and megaphone, chanting slogans and placing posters with red hand-prints on the wall. They also placed dummies wrapped in white blankets, mimicking death shrouds being used in Gaza.

On June 10, alumni and former staff members  as a show of support for the student protesters as they met with VIU administration.

The claim alleges that the defendants, or a number of them, were involved in the occupation. It also states that two employees were inside the offices at the time who felt threatened and "unable to leave the office past the group of occupying defendants. These two employees ultimately required an escort from campus security to assist them in departing the office past the defendants."

The student-led Palestine solidarity encampment

The document notes that Michael Quinn, VIU's provost, was meeting with other defendants at the time in a dialogue about the encampment.

On June 13, the encampment occupied the campus store during convocation, which prompted the university to to close the store for the remainder of the day.

On June 28, student protesters organized a student-sit in at student affairs building. The sit-in,, served as a "direct response to VIU's failure to uphold their commitment to dialogue and transparency and to urge the admin to resume dialogue." In the claims document, the university alleges students blockaded several entry doors to the building, forced the cancellation of an exam happening in the building and damaged several flags.

The next day, the documents state that a number of protesters entered the human resources department building and vandalized various doors and hallway walls including accusations of racism in permanent marker on an office door and labelling the HR department's drop box as a "how to be more racist box."

None of the claims have been proven in court. A response to the civil claim is required to be filed by the defendants within 21 days.

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Jessica Durling

About the Author: Jessica Durling

Nanaimo News Bulletin journalist covering health, wildlife and Lantzville council.
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