Divestment resolution overturned at U.C. Davis

An Israel divestment resolution passed at U.C. Davis last month by the student senate was overturned on Feb. 19 by the university’s six-member Court of Associated Students.

According to a spokesperson for the pro-Israel organization StandWithUs, “the resolution was overruled because it was found not to be sufficiently enough about student welfare.”

The court ruled 5-0 with one abstention in favor of Jonathan Mitchell, who had filed a case with the court contending that the Associated Students U.C. Davis had failed to adhere to its own constitution in passing the Israel divestment resolution 8-2 with two abstentions on Jan. 29.

A court statement dated Feb. 19 found the ASUCD “guilty of Article IV Subsection 5 of the ASUCD Constitution, regarding [the Jan. 29 divestment resolution], which states: ‘The senate shall, by a majority vote of the entire senate, pass legislation to (1) adopt or revise policies and regulations for the smooth and efficient operation of the ASUCD, (2) express the opinions of the ASUCD on matters concerning student welfare, and (3) take other actions necessary to promote the welfare and interests of the ASUCD membership, subject to the limitations enumerated in this constitution.'”

The court’s statement added: “After much deliberation, this bench concluded that politicalized resolutions passed through senate can and must be primarily concerning student welfare.”

The statement continued: “We have found [the Jan. 29 divestment resolution] to be PRIMARILY a political document and did not deal with student welfare to the extent that allowed the ASUCD Senate jurisdiction to pass. We also conclude however that senate is free to pass resolutions concerning ‘divestment’ and topics related to [the Jan. 29 resolution] so long as the focus and primary purpose is with student welfare and not a political one.” – j. staff

 VIdeo: Click here for a video posted by StandWithUs.