A Right to the University

Brenna Bhandar:

On 4 December, the University of London was granted an injunction from the High Court that prohibits 'persons unknown (including students of the University of London) from 'entering or remaining upon the campus and buildings of University of London for the purpose of occupational protest action' for the next six months. Many such injunctions have been granted to universities across the country over the past four years, with increasing frequency and ever wider restrictions on student protest. In this case, the University of London argued that the occupation of Senate House threatened the liberty and freedom of senior university personnel, and presented a risk of damage to property, despite assurances from the occupiers that staff were free to come and go from the building and no such damage would occur. The eventual eviction of the occupiers was rough and violent. On 5 December, 35 students were arrested and several of them detained overnight. Some were assaulted by the police.

'The action is restorative,' the occupiers' official statement said, 'displacing the undemocratic and unaccountable management with a democratic space for the free pursuit of knowledge, critical enquiry and dissent.' Their specific demands related to the democratic deficit in university governance, the privatisation of service provision and the student loan book, and the working conditions of academic, cleaning and maintenance staff.

The use of injunctions to quash protest is an indicator of how deeply privatisation has taken root in British universities. Injunctions are a private law remedy. They are being granted to prohibit protest as if universities, as legal persons, were like any other private property owner; as if students were like any people at large, violating the property rights of the university. The claimant in this case alerts the court to the Code of Student Discipline, implying that students who take part in sit-ins and occupations are in breach of their contract with the university. The right to express dissent, the rights of freedom of association and expression, and entirely legitimate concerns about university governance, are excised from the ostensibly private realms of property and contract.

Posted by Jim Zellmer at December 17, 2013 12:52 AM
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