“This is a human rights issue, and by not supporting the Designated Suppliers Program, the administration is supporting the horrendous conditions of sweatshops where workers' basic human rights are not respected,” said Kacie Engum, a freshman in political science and Spanish.
Eight UM students and a senior at the University of Washington were charged with criminal trespass and disorderly conduct after taking over President George Dennison's office for nearly seven hours.
“Students were using the cell phones, some to take pictures within the building, some to communicate with the rally outside, helping them and facilitating the crime of disorderly conduct,” said Jim Lemcke, chief and director of UM's Office of Public Safety.
Even by pleading guilty, a student isn't assured of getting his or her phone back “because the court may not authorize us to release any evidence,” Lemcke said. He added that warrants may have to be obtained to search each device.
“I think they're really trying to hinder our ability to organize,” said sophomore Ella Torti, one of the students arrested in the sit-in.
UM legal counsel David Aronofsky, who was involved in discussions with the protesters throughout the afternoon, told them what they could expect to face should they insist on staying. Lemcke said Aronofsky warned students the phones could be confiscated for months.
“We understood exactly what the repercussions were, but I didn't think they'd take my cell phone,” said Kendra Kallevig. “Unfortunately, for probably some of us, having our cell phones taken is a bigger inconvenience than a night in jail.”
For now, they're borrowing phones and following preset schedules so others will know where they can be reached, Torti said.
UM Vice President Jim Foley and provost Royce Engstrom agreed to arrange a meeting this coming Wednesday between Dennison and Students for Economic and Social Justice, the group that sponsored the rally.
And Kallevig said the students will hold a noon panel discussion at the University Center on Monday.
The students also sent university administrators a revised sign-on letter on Thursday and asked for edits, but hadn't received it back Friday afternoon.
“We've been in contact with a number of different faculty members on campus and there seems to be a lot of support to encourage the university to sign on to the DSP and drop all student charges,” Torti said.
“That ain't going to happen,” Lemcke said.
The protesters took over the office peacefully at noon last Wednesday, while Dennison was on a visit to Asia. They vowed to stay until a “high-ranking administrator” signed a letter indicating UM's support for the Designated Suppliers Program, which was established in response to widespread use of sweatshop labor to produce university-branded clothing and other goods.
Forty-two universities have proclaimed their support of the program, but others have balked until the Justice Department issues a business review letter to address possible antitrust implications of the Designated Suppliers Program.
Foley, who negotiated with the students at a 3:30 p.m. meeting, said Dennison met with Students for Economic and Social Justice about adopting the program earlier in the semester.
“The president at that point made it clear that until there was a letter Š from the U.S. Department of Justice on the antitrust issue, that he didn't want to go forward,” Foley said.
Any collective activity with actual or potential market impact is vulnerable to a costly antitrust investigation, Aronofsky said. The marketing of university brand sports gear definitely falls in that category. The NCAA has been hit with costly antitrust suits and enforcement activities “and has not fared all that well,” he said.
“That's why the president has been appropriately cautious about signing onto the Designated Suppliers Program, because when all is said and done, it's a movement to provide collective decision-making by the largest possible group of universities which choose to join. That's an antitrust issue, plain and simple,” Aronofsky said.
Students point out that 42 schools have not viewed a statement of support for the program as too risky. They say they're simply asking the university to make a conditional statement “stating that when we have received approval from the Department of Justice saying the DSP is not breaking antitrust laws that (UM) will adopt this program,” said Torti.
Signing on now would enable students to participate in working group meetings such as one slated for Washington, D.C., in June.
The students have asked the university to help draft such a statement to be presented to Dennison at their upcoming meeting, with wording that wouldn't put the school in legal jeopardy. Torti said Aronofsky responded to the request by saying “he is not willing to work with us any more” since their arrests.
Indeed, UM administrators made it clear the students crossed the line when they refused to leave Dennison's office.
“The students were respectful, but at the same time we'd hoped they would pursue their interests without undertaking illegal activity,” said Engstrom, acting president in Dennison's absence. “We welcome discussions, of course, all the time. But we can't condone this.”
Not all the students arrested were from UM. Rod Palmquist, a senior at the University of Washington, traveled from Seattle to support the rally and sit-in.
Palmquist was one of three activists detained last June in a Seattle Macy's store during a protest of union-busting practices at a factory in Guatemala.
Aronofsky said the Board of Regents has authorized Montana schools to restrict access to nonstudents and nonemployees from campus.
“I think it's in the public interest to consider whether that particular approach should be considered here,” he said. “I'm not the one who makes that decision, but people who aren't students here frankly have much less of a right to be here doing what was done. And students don't have a right to be here doing what was done.”
The students said they'd known for a few days that Dennison would be out of his office on Wednesday, but they decided to go ahead with the surprise sit-in anyway. It was the fourth time the group has held a public demonstration when Dennison was gone, according to Rita Munzenrider, director of University Relations.
“We're not really privy to his schedule,” Torti said. “It's not like they post it on the Web site.”
She said UM's sit-in was orchestrated with others across the nation: Appalachian State in North Carolina the previous week and Penn State on Tuesday. Together they resulted in 37 arrests.
And 10 students spent Thursday night in a “sleep-in” in the lobby outside the chancellor's office at the University of North Carolina. They vowed to stay until the school signed on with the Designated Suppliers Program. Their numbers swelled to more than 20 on Friday, but as of Saturday evening, only seven students were still left in the lobby, said university spokeswoman Karen Moon.
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