Flagstaff: SDS declares victory over NAU after two weeks fighting unlawful ‘code of conduct’ charges

Flagstaff, AZ – After their September 4 “ICE out!” protest, members of the Flagstaff chapter of Students for a Democratic Society received identical Code of Conduct charges from Northern Arizona University. The charges meant the students were facing potential suspension or expulsion.

After holding a march, a sit-in, multiple call-ins, posting statements on social media, and sending a cease and desist notice from a lawyer, suspension or expulsion was avoided for all three students, and SDS Flagstaff declared victory over the university on September 28.

On Friday, September 11, SDS Flagstaff Vice President Sarah Rogala received an email informing her she was being charged with violations of the following Code of Conduct policies: “Other Rules,” “Failure to Comply,” and “Disruption.” Rogala was already on university probation due to similar charges stemming from SDS’s April 10 “ICE out” protest.

“Considering suspension was brought up as a possibility in that first hearing, when I had nothing on my record, I was thinking suspension was the most likely outcome of the hearing,” said Rogala.

On September 13, Claire Wagoner, president of SDS Flagstaff, received a notice from Jeffery D. McKay, NAU’s vice president for capital planning and campus operations. The letter stated that she is permanently trespassed from campus property for the repeated use of amplified sound equipment (megaphones) which were not registered with the university in advance. If Wagoner were to step foot on or drive through the NAU campus, she could potentially face several months in jail for trespassing.

“SDS is currently discussing our options with lawyers for rescinding this unconstitutional trespass order, which was served to restrict our First Amendment rights,” said Wagoner.

After Wagoner’s trespass order and the charges against Rogala, SDS Flagstaff organized a protest on September 18. Thirty minutes before the protest, two more SDS members, including Judah Francabandera, received the same charges as Rogala, with hearings scheduled for September 23.

The protest on September 18 started with a rally at NAU’s First Amendment Plaza and was attended by an estimated 80 to 100 people. At the rally, an SDS member read a speech written by Claire Wagoner, who could not attend due to the trespass given to her. Wagoner wrote, “Since the formation of our SDS chapter, we have been dealing with constant retaliation from NAU admin. They have made it abundantly clear they would rather target and punish student protesters than protect NAU students from ICE.”

Wagoner continued, “We can see clear as day that NAU is deeply afraid of the students rising together to demand better policies. They are doubling down in this fear, trespassing me for simply using a megaphone. They can and will arrest me and put me in jail for up to six months if I were to walk on campus, but we aren’t scared!”

After the speech, the gathered crowd of students marched around the Student Union with the demands that the charges be dropped and NAU protect its students from ICE.

After being rescheduled multiple times, Rogala’s hearing was ultimately held on September 25. A sit-in and a call-in were held in support of Rogala. Lawyers were also contacted, and a cease and desist letter was emailed to the Office of Student Rights and Responsibilities and NAU President Cruz Rivera. The letter was also emailed to the Center for Inclusive Excellence and Access, whose program director, Bernadine Lewis, filed the charges against Rogala. These actions culminated in Rogala being told in her hearing with Julia L. Czekaj that the school was not considering suspending or expelling her, which were two of the most severe possible outcomes.

After Rogala’s hearing, and the hearings of the other students, SDS Flagstaff released a statement on social media on September 28 declaring victory and reaffirming their goal of fighting for “sanctuary campus” policies at NAU, which would restrict ICE officers’ presence on campus and ensure that campus staff do not cooperate with ICE.

“We have faced many challenges in the last two weeks, but we have not let ourselves get demoralized, we have fought back hard, learned lessons from the struggle, and won! So please join us as we resume our fight for a sanctuary campus at NAU! Because when we fight, we win!” the statement said.

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Source: https://fightbacknews.org/flagstaff-sds-declares-victory-over-nau-after-two-weeks-fighting-unlawful?pk_campaign=rss-feed