Students, faculty condemn McMaster ban of 3 activists from campus except for classes pending investigation
Justin Chandler | CBC News | Posted: September 6, 2024 8:00 AM | Last Updated: September 6
Spokesperson for Hamilton school won't discuss individual cases
Three McMaster University students say a lengthy ban from campus activities — except to attend class — amid an investigation over a pro-Palestinian protest is hurting their academics and employment.
Standing just off campus on Aug. 27, Mason Fitzpatrick, Rand Clayton and Connor Galloway told reporters they think the ban is unjust.
"People love to talk about innocent until proven guilty, but then why am I facing such harsh punishments when I don't even know what's going on," Clayton said. "I was unable to even access my own office for the entirety of this summer. PhD students don't get a summer break. This has seriously dinged my productivity."
Clayton told CBC Hamilton that McMaster initially told them they could not work as a teaching assistant, but they were able to negotiate to keep their job.
Fitzpatrick said he was placed on leave as a teaching assistant.
In an email, McMaster spokesperson Wade Hemsworth told CBC Hamilton the university will not comment on individual cases.
"People have the right to protest and to freely express their opinions, but such actions must be taken within the university's codes and policies."
Hemsworth added that a persona non-grata (PNG) notice "is given if there are concerns, based on the evidence of the case, that an individual poses a potential risk to campus or members of the campus community," and said one can be issued while a case is being investigated.
That's what's happened here, the students said.
Fitzpatrick, Clayton and Galloway hold positions in Canadian Union of Public Employees Local 3906, which represents academic workers at McMaster.
The union announced the bans in August, but the students said they received notice about the interim designations in the spring.
"This is an interim measure, although it sure doesn't feel like it. It's been about three months and there hasn't been the investigation that was promised," Fitzpatrick said, accusing the university of dragging its heels.
On Aug. 25, a group of McMaster faculty members who belong to the advocacy group Faculty4Palestine wrote an open letter to the university's leadership, condemning the issuance of PNG notices.
"We are strongly opposed to these efforts to limit freedom of speech and freedom of assembly," the letter reads.
They said the confidentiality inherent in the PNG process "creates an environment of secrecy causing further isolation and distress to the affected students."
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According to James Turk, who directs the Centre for Free Expression at Toronto's Metropolitan University, it's fairly common for universities to conduct investigations in secret.
That makes it impossible to know for certain if the students' freedom of expression has been violated, he said.
"That in itself is deeply troubling."
Turk added that the length of time the process has taken also raises questions.
"The investigation itself and the denial of access to university facilities is a form of discipline even though they haven't been found guilty of anything yet."
Rolf Gerstenberger, former leader of United Steel Workers Local 1005, spoke at the August news conference, likening the student protest encampments — which occurred on campuses across the continent — to protests against the Vietnam War.
"The students here, instead of being persecuted, they should be commended for taking a stand," he said.
"Students have the right to protest and they should not be discriminated against for their belief that every life is precious," said Aliya Khan, a McMaster professor of medicine.
The current conflict in Gaza started after a Hamas-led attack on southern Israel killed about 1,200 people and led to another 250 being taken hostage, according to Israeli officials.
Israel's subsequent ground and air invasion into Gaza has killed around 40,000 Palestinians, according to the Gaza Health Ministry, which does not distinguish between civilians and fighters in its count.
Students at campus protest encampments were united in calling on institutions to divest from companies and organizations with ties to Israel. Some saw universities file injunctions on demonstrators or issue trespass notices, or saw police crack down on protesters.
In the aftermath, some universities have changed policies. For example, Western University in London, Ont., is now requiring groups to get advance authorization from a school official to hold a demonstration — a move the school's faculty association criticized.
At McMaster, the encampment ended in May after 2½ weeks. It grew to over 100 people.
At the time, organizers said they'd come to an agreement with the university that included commitments from McMaster around transparency about its investments and human rights considerations in international agreements that the institution is involved in.