(taken from the Daily Dalifornian):
Students Face Different Restrictions After Arrest
by Emma Anderson
While the investigation continues into the Dec. 11 attack on Chancellor Robert Birgeneau’s residence, two UC Berkeley students arrested that night are facing varying consequences from the campus Office of Student Conduct.
Zachary Bowin and Angela Miller received interim suspensions following their arrests. They were both charged with conduct violations including attempted arson, burglary and disturbing the peace.
Both Miller and Bowin were prohibited from accessing any part of campus as well as from communicating with members of the campus community including their professors and fellow students.
However, after a Dec. 17 student conduct hearing, Bowin’s restrictions were modified while Miller remained completely barred from campus after a Jan. 13 hearing.
Stephen Rosenbaum, a Boalt Hall School of Law lecturer who represents Bowin and Miller, said though a request for a new hearing regarding the restrictions to Miller’s suspension was denied Jan. 19, he will continue to pursue the issue.
After the review of his suspension restrictions, Bowin was permitted access to certain parts of campus and is permitted to communicate with others on campus, though he may not participate in any organized protest. Miller, on the other hand, begins this
semester unable to attend classes or communicate with professors.
“This is extreme, keeping someone from campus, not talking to anyone,” Rosenbaum said. “They are being punished for merely being present.”
Miller was also issued an eviction notice from her residence at the Cloyne Court because the co-op sits on university property. Though she was supposed to leave by Jan. 18, Rosenbaum said it is unlikely that the campus will enforce the eviction.
While he added that he does not know why the students ended up with different restrictions, letters from Christine Wildsoet, professor of optometry and chair of each hearing, indicate that the panel took into consideration academic performance as well as evidence linking Miller to the attack.
In a Dec. 18 letter to Bowin explaining the modifications to his suspension, Wildsoet said the panel considered his 4.0 GPA in forming its decision to have restrictions lifted in time for him to take final exams.
However, in a letter to Miller regarding her review hearing, Wildsoet indicated Miller did not show the same level of academic interest.
“Your commitment to your studies at UC Berkeley was not clear, as judged by both your apparent lack of concern that the existing sanction had prevented you from completing two final exams in the Fall semester and your poor academic record,” Wildsoet said in the letter.
Rosenbaum said that Bowin contacted Rosenbaum in time for his hearing while Miller did not and thus Miller was not afforded the same degree of representation.
UCPD Detective Nicole Miller reported a picture of Angela Miller carrying a torch during her hearing, while such an account was not allowed during Bowin’s hearing because his defense was not ready to counter Detective Miller’s testimony.
“You have to consider the seriousness of an interim suspension when for whatever reason the student is considered harmful enough to the campus,” Dean of Students Jonathan Poullard said.