Laura Dobler/News Flash/Campus Crime
BERKELY, Calif. -- A University of
California -- Berkeley graduate journalism student -- who previously
served more than half a year in jail for defying a federal subpoena --
faces student conduct disciplinary charges after filming a group of protestors
that barricaded themselves in a building on campus.
Josh Wolf, 27, was charged with five violations of the
Berkeley Campus Code of Student Conduct on April 9, 2010. The charges stem from
Wolf's filming a group of students from inside Wheeler Hall on November
20, 2009, during statewide protests to University of California's 32
percent tuition increases, budget cuts, and employee lay-offs. His charges are
similar to the other 43 student activists that were arrested during the
occupation.
University of California - Berkeley charged Wolf with
student conduct violations that include unauthorized entry to University
property (V.1002.06); physical abuse or threats of violence (V.102.08);
obstruction or disruption of university activities (V.102.13); disturbance of
the peace or unlawful assembly (V.102.15) and failing to comply with directions
of a university official (V.102.16), as stated on the letter to Wolf from the
university's center for student conduct and community standards. The
sanctions include a suspension from May 17 to December 17, with readmission for
the 2011 spring semester contingent on a research essay about public university
student codes of conduct.
"My first thought when I got the charges was
that this wouldn't be an issue and would resolve itself at the point that
it was established that I am a journalist," Wolf said.
The 43 students, including Wolf, were arrested
following the occupation but the District Attorney of Alameda County Nancy E.
O'Malley declined to press charges, Wolf said.
Wolf was also arrested in 2006 and became the
longest-jailed journalist for failure to reveal sources. While working as an
independent journalist and video blogger, Wolf was jailed for 226 days for
refusing to comply with a federal subpoena to submit his unpublished video
footage of a 2005 protest in San Francisco, Calif.
Associate Dean of Campus Life and Leadership Christina
Gonzales said the university's student conduct charges work independently
of criminal charges and are solely based on the prohibited conduct that occurred
on campus.
Leading up to the formal disciplinary letter, Wolf
said he told the Assistant Director of the Center for Student Conduct and
Community Standards, Laura Bennett, that he was acting as a journalist during
the protest and not participating in the building's
occupation.
During past years of student conduct charges at
protests, "[the university] hasn't been able to find that there was
anyone considered the press, or if there was there wasn't anything that
showed that they (student journalists) were treated any differently,"
Gonzales said.
Gonzales refused to comment on the conditions of
Wolf's disciplinary sanctions, citing the Family Educational Rights and
Privacy Act (FERPA).
Wolf was required to either accept or reject the
proposed student conduct resolution by April 14, but said he asked for a one
week postponement to further explain his role as a journalist to the
university's student conduct office.
"As a journalist I feel that accepting any sort
of punitive sanctions undermines the role of journalists in covering the world
around them," Wolf said.
By Laura Dobler, SPLC staff writer