After unsuccessful negotiations, the University of Toronto has given pro-Palestine demonstrators a notice of trespass, which says protesters have until Monday at 8 a.m. to leave their camp.Sammy Kogan /The Globe and Mail
The University of Toronto Faculty Association reacted with surprise and alarm to a school warning that professors and staff who refuse to leave a pro-Palestinian encampment on campus before a Monday morning deadline could face disciplinary measures, including termination.
The warning was contained in a trespass notice the university sent Friday to the protesters at the encampment on King’s College Circle, one of dozens of pro-Palestinian protests on campuses across North America that have been calling for universities to divest from companies connected to the Israeli military.
The notice said protesters have until Monday at 8 a.m. to leave their camp, which has been in place since May 2. The university has said that if the camp remains in place, it will seek an injunction from the Ontario Superior Court. Protesters were set to meet with school officials on Sunday evening, ahead of Monday’s deadline.
In a letter to its members late Friday, the faculty association executive said it’s the first time, to their knowledge, that professors have faced such a public threat from the university administration when exercising what they described as their rights to academic freedom and free expression.
They said they are committed to protecting the rights of faculty and have been meeting with legal counsel on how to do so.
According to the trespass notice, students who fail to leave by Monday morning could be subject to discipline, including sanctions as severe as a five-year suspension or a recommendation of expulsion. It also said faculty, librarians and staff may be subject to disciplinary measures up to and including termination.
“It is literally unprecedented in the modern era of the relationship between the U of T administration and UTFA that there has been a public threat of mass termination of association members for exercising their academic freedom,” said Jeff Bale, faculty association vice-president, university and external affairs.
“I was taken aback by the really sharp change of tone.”
The faculty association letter to its members said the university provided no advance warning that the trespass notice would include the threat.
Heather Boon, vice-provost faculty and academic life, said faculty members going about their normal activities would not be impeded by the notice of trespass.
“However they should refrain from engaging in unauthorized activities, such as encampments or the occupation of university buildings, as set out in that notice,” Dr. Boon said.
The faculty association represents more than 3,500 professors, librarians and other staff, and between 160 and 180 members have participated at some stage in the encampment protest, according to Prof. Bale.
It’s been over three weeks since the start of the encampment at King’s College Circle at the University of Toronto. Protesters continue to demand the University divests from companies connected to Israel’s occupation of Palestinian territory.Sammy Kogan /The Globe and Mail
While it has taken no position on the substance of the protest, the association has disputed what it says is the administration’s assertion that the unauthorized use of space on campus by protesters constitutes trespassing.
In an April 30 letter to University of Toronto president Meric Gertler, UTFA executive committee argued that a blanket ban on encampments is an unreasonable restriction on freedom of expression rights, which are also protected under the code of student conduct. By designating all buildings and lands on campus as private property, the letter said, the university is seeking the power to decide which protests are or are not authorized.
In response, Kristin Taylor, university counsel and chief legal officer, said in a statement Saturday that any notion that the campus is not private property has no basis in fact.
Further raising the stakes surrounding this encampment, the Ontario Federation of Labour has called on all trade unions to join a solidarity rally at King’s College Circle at 8 a.m. Monday.
On Friday, Amnesty International Canada urged the University of Toronto not to issue the notice of trespass and not to get police involved.
“The university has a duty to respect the rights of students to peacefully protest and counterprotest on their campuses,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada.
“Law enforcement should not and must not be used to criminalize basic rights. We have seen how quickly this practice escalates tensions and seriously undermines the potential for any rights-respecting resolution. We also have seen several positive examples of universities using dialogue to peacefully address the concerns of student protesters.”
McMaster University in Hamilton, Ont. announced Friday that it had reached an agreement with protesters to take down their encampment within 24 hours and to not disrupt upcoming convocation ceremonies. The deal released by the university contains nine items related to disclosure, divestment and support for Palestinian scholars.
Encampments have also recently ended at Queen’s University and Ontario Tech University following discussions between protesters and university administrators.
On Thursday, U of T made public details of its offer to the protesters. It said it would expedite a review of the request for divestment and create an expert working group to consider how its investment holdings could be made more transparent. It rejected the protesters’ demand to cut ties with Israeli universities, saying that would restrict academic freedom and run counter to the goal of furthering understanding through dialogue.
The protesters did not accept the deal before its Friday afternoon deadline and have indicated they have no intention of leaving. They see the university’s offer as a starting point for further negotiation.
With files from The Canadian Press