The Orange County District Attorney (OCDA) announced misdemeanor charges against 10 individuals for a failure to disperse on May 15 from the UCI Gaza Solidarity Encampment. Four UCI students and two UCI faculty members were charged by the OCDA. Charges were announced on Sept. 18.
47 individuals were arrested at the encampment by law enforcement after Irvine police deemed the encampment an “unlawful assembly” on May 15. The encampment was dismantled by law enforcement following protestors announcing that they would be “reclaiming” the Physical Sciences Lecture Hall. Law enforcement dressed in riot gear pushed protesters from Physical Sciences Quad into Aldrich Park after an hours-long standoff. New University confirmed the presence of at least 11 police departments at the time of the encampment’s dismantlement.
UCI School of Humanities lecturer Dr. Jonathan Brook Haley and global and international studies associate professor Dr. Tiffany Willoughby-Herard face misdemeanor charges of California Penal Code (PC) 409, failure to disperse following a dispersal warning. Dr. Willoughby-Herald was additionally charged with PC 69, resisting an officer with the threat of violence, and PC 148, willfully resisting arrest.
Haley described receiving the charges as a “relief” following the four months between the encampment dispersal and the announcement of charges. Haley expressed sympathy for students facing charges who may be in “stressful” situations and facing interim suspension notices that saw academic holds and loss of campus services.
“I would say the university, that is both UCI and the UC system in general, is being so explicit and so public about its crackdowns on free speech, that they’re afraid of us,” Haley told New University. “I think that the news that’s coming out that they’re reloading and frightening people away suggests that the encampment actually succeeded.”
UC-wide efforts regarding campus climate to “strengthen and clarify” the university system’s policies were addressed by UC President Michael Drake in an August letter to the UC community.
“Our ultimate goal is for all of our community members to feel supported in their ability to express themselves, and to pursue their studies, research, patient care, and other work on our campuses,” Drake wrote. “We also want our community members to understand what’s expected of them, including a clear understanding of the principles, policies and laws that govern our behavior on campus.”
Haley discussed the timing of the charges.
“[UCI Admin] decided to use this next week back at school [to announce the charges] as a further intimidation tactic,” Haley said. “Because of the publicity, I think it’s to scare off students and faculty considering [continuing] demonstrations this coming year.”
Haley further elaborated on the public response to administrative handling of the pro-Palestine student movement.
“The one thing that was very public and is seen as a failure is the fact that [UC President Drake] allowed protests to develop on campus to a point where the people decided it was no longer acceptable, even though we were following all the policies he listed in his 2020 report of policing on UC campuses,” Haley said.
Regarding Drake’s resignation from the UC presidency at the end of the 2024-2025 academic year, Haley expressed his respect for Drake and told New University he knew him first hand when Drake served as UCI Chancellor from 2005 to 2014.
“I hope he understands that I am speaking respectfully of him and with the system, but I’m afraid he may have been caught up in the conservative anti-protest movement and suffered some professional repercussions. That’s unfortunate,” Haley said.
Video of Willoughby-Herard’s arrest at the encampment previously went viral on X, garnering over 5.4 million views on the platform.
“These police officers out here today, that’s thousands of [dollars in] students’ scholarships,” Willoughby-Herard said on video while being arrested. “Thousands of students could have been able to go to school and have books and have housing.”
Willoughby-Herard did not immediately respond to a New University request for comment.
“The right to peaceful assembly is a constitutional right and we encourage protestors to exercise their right to peaceful assembly on any issue,” Orange County District Attorney OCDA Todd Spitzer said in a press release. “However, criminal activity which transcends peaceful assembly will not be tolerated.
Five students facing ongoing interim suspensions filed a civil lawsuit against UCI Chancellor Howard Gillman and the UC Regents in July. Plaintiffs alleged that the suspensions were issued without due process and left their academic statuses in limbo.
“These suspensions were issued without any hearing, they were imposed immediately based on unsubstantiated and unspecified allegations,” civil rights attorney Thomas Harvey, representing the plaintiffs, said to ABC7.
The remaining 10 defendants identified by the OCDA face the same misdemeanor charge of failure to disperse at the scene. One individual from Garden Grove faces an additional charge of PC 148, resisting arrest.
UCI Assistant Vice Chancellor of Communications and Media Relations Michael Uhlenkamp provided New University with a statement representing the university’s stance.
“All members of the UC Irvine community remain subject to all applicable laws, policies, and relevant codes of conduct while engaging in protest activities,” the statement reads. “As part of ongoing efforts across the University of California system, UC Irvine is clearly communicating with all members of the university community regarding campus policies, their enforcement and the balance between free expression and campus safety.”
Haley told New University of his long history at UCI, previously serving as the Associated Graduate Students President, and described his “knowledge of civil disobedience.”
“In my 26 years at UCI, I’ve never seen that kind of violence,” Haley said. “The purpose [of the prosecution] is to be a threat to students who are now watching the process and were not necessarily a part of the encampments or the arrests.”
The district attorney’s office will arraign the defendants at the Central Justice Center in Santa Ana on Oct. 16. OCDA’s Special Prosecutions Unit continues to review cases regarding the 40 remaining individuals arrested at the encampment, according to Spitzer.
Defendants found in violation of PC 409 may face up to six months in county jail and/or a $1000 fine.
“The University of California, Irvine has a long history of supporting free speech and peaceful protest,” the university stance statement reads.
Karen Wang is a News Editor. She can be reached at karenw14@uci.edu.
Edited by Annabelle Aguirre
