Protest criminalised at the "pepper spray" university

An open letter to Yolo County.

Sometime in July, in a court in Yolo County, California, eleven students and one professor at the University of California Davis will stand trial, accused of the “willful” and “malicious” act of protesting peacefully in front of a bank branch situated on their University campus.

There has been in recent months a great deal of online coverage of the brutality of public order policing at Davis. The treatment of the Davis Dozen, however, promises more longstanding injury. If found guilty, each faces charges of up to eleven years in prison and $1 million in fines.

The immediate history of the case stretches back to autumn 2008, when state budget cuts trickled down to the partly state-funded University of California. The administration of that University responded by announcing that tuition fees would be increased by 32%, prompting several months of vocal student protests and campus occupations, violently suppressed by the state authorities.

As the collapse of the US banking sector caused the State of California to withdraw its funding for its public Universities, those same Universities turned to the banking sector for financial support. On 3 November 2009, just two weeks before riot police would end a student occupation at UC Berkeley by firing rubber bullets and tear gas at the students and faculty gathered outside, the University of California Davis announced on its website a new deal with US Bank, the high street banking division of U.S Bancor, the fifth largest commercial bank in the United States.

According to the terms of that deal, US Bank would provide UC Davis with a campus branch and a variable revenue stream, to be determined by the University's success in urging its own students to sign up for US Bank accounts. In return UC Davis would print US Bank logos on all student ID cards, which from 2010 would be convertible into ATM cards attached to US Bank accounts. Just at the moment when, on the campus of UC Berkeley, riot police were beating up and shooting students who protested against austerity, fee increases, and their handmaiden, debt, the management of UC Davis was selling the debt of its own students to U.S. Bancor, the corporate beneficiary of “austerity.”

The poet and critic Joshua Clover, who has written extensively on those police actions, is among the twelve who sat down in front of the Davis branch of US Bank in protest, and who now faces the prospect of sitting in a cell in the Monroe County Detention Center until 2024, has argued that “the rise in tuition and indebtedness simply is the militarization of campus”. These processes, Clover says, “are one and the same”. The claim concerning police violence will not seem exaggerated to anyone who has watched the videos on You Tube of the police action at Davis.

The sit-down protests outside the UC Davis Branch of US Bank, in which the “UC Davis Dozen” were only a few of many participants, were not only peaceful; they were, in effect, the active demilitarization of campus. Their point was to make explicit the connection between corporate banking, state austerity and an increasingly militaristic police presence in universities.

US Bank closed its branch in the UC Davis Memorial Union Building in March. The sit-down protests were a success. That such effective protest cannot be tolerated is evident from the response of the University administration and the Yolo County District Attorney. The charges against the Davis Dozen have a notable history of service: “Obstructing movement in a public place” was an indictment invented to criminalise homelessness in Alabama. The Davis Dozen are to learn – on behalf of everyone affected by austerity – that protest against the conditions which lead to homelessness is criminalised by the same legislation that makes homelessness illegal. For the bankers, millionaire University administrators and state functionaries for whom “revenue” is to be maximised no matter what the cost to the people they serve, this paradox is no paradox at all.

We are grateful to the Davis Dozen for the example of principled and eloquent bravery in response to intolerable extensions of police and corporate power at a time when the poorest are being deterred from university study by the prospect of unmanageable debt. We, internationally located artists, critics, and writers, ask that the Davis Dozen be acquitted of these extraordinarily severe and ignoble charges, to which they have courageously pleaded “not guilty”.


Dr. David Nowell-Smith, Université Paris VII - Denis Diderot, Prof. Robert Hampson, Royal Holloway, Dr. Daniele Pantano, Edge Hill University, Olivier Brossard, Maître de conférences, littérature américaine, Université Paris Est-Marne la Vallée, David Gorin Jean-Jacques Pouce, Fellow, Internationales Kolleg Morphomata, Genese, Dynamik, Medialität kultureller Figurationen, Daisy Fried Abigail Lang, Maître de conférences (Associate Professor), Université Paris-Diderot, Paris, Michelle Levy Schulz Dominique Pasqualini, Directeur de l'école EMA Fructidor (School of media and fine arts, Director), Chalon-sur-Saône, Sean Bonney, Marianne Morris, poet, UC Falmouth, Keston Sutherland, Reader in English, University of Sussex, Orlando Reade, University of Cambridge Binh Nguyen, San Diego, CA, Janet Holmes, Boise State University B, arry Schwabsky, art critic, The Nation, Robert Kiely, Birkbeck College Kent Johnson John Wilkinson, poet, Professor of Practice in the Arts, University of Chicago Alvin D. Greenberg, Boise State University Dr. Alberto Toscano, Department of Sociology, Goldsmiths Stacy Blint, Disappearing Books Katy Balma, Fulbright Fellow and Teaching Assistant, University of Connecticut Wendy Battin, poet and essayist David Lau, Lana Turner Magazine Nick-e Melville, poet and lecturer at Motherwell College, Scotland Peter Phillpott, Great Works, Patrick Pritchett, Lecturer, History and Literature, Harvard University Robert Archembeau, Professor of English, Lake Forest College (Illinois) Rob Holloway, Joseph Kaplan, Dr. Jeffrey Pethybridge, Susquehanna University Dr. Don Stinson, Northern Oklahoma College George Cunningham, Hansa Arts Joseph Walton Hugh McDonnell, University of Amsterdam Megan Kaminski, Creative Writing Lecturer, University of Kansas Jose A. Alcantara K.E Allen, Lecturer in English, Comprehensive Studies Program, University of Michigan Allan Peterson, Gulf Breeze, FL Siobain Walker Dr. Nina Power, Senior Lecturer in Philosophy, University of Roehampton Francesca Lisette Caitlin Doherty, University of Cambridge Frances Richard, Barnard College Ryan Dobran, University of Cambridge Dr. Cathy Wagner, Miami University, OH John Bloomberg-Rissman, University of California, Riverside Carla Harryman, Associate Professor of Literature, Eastern Michigan University Robert Ellen Joel Duncan, University of Notre Dame Jared Schickling, Adjunct Professor, Humanities Division, Niagara Count Community College Dr. Ian Patterson, Fellow, Tutor, Director of Studies in English,  Queens' College, University of Cambridge Dr. Lisa Samuels, Associate Professor, University of Auckland, New Zealand Ian Heames, University od Cambridge Prof. Alex Davis, University College Cork John Temple Jonathan B. Highfield Dr. Jennifer Cooke, Lecturer in English, Loughborough University Dr. Zoe Skoulding, Bangor University Kashka Georgeson David Grundy, University of Cambridge Luke McMullan Josh Robison, University of Cambridge Josh Stanley, Phd Student, Yale University Luke Roberts, Phd candidate, University of Cambridge Gareth Durasow.

People protest after the pepper spray incident at UC Davis. Photograph: Getty Images
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What’s the secret of the world’s best-paid sports manager? Ask the Chicago Cubs

Theo Epstein is a star because he values the person as much as the player.

As I write, the Chicago Cubs, perennial underachievers, are three wins away from reaching baseball’s World Series for the first time since 1945. By the time you read this they may have crashed out. Besides, baseball – like cricket – is a language that asks a lot of its translators. So, in writing about the Cubs, I’ll skip the baseball bits. Fortunately, the lessons of the Cubs’ success (they were the outstanding team of 2016, even if they don’t win the World Series) transcend baseball.

To understand the future of sport – and perhaps employment – I recommend a pair of profiles of Theo Epstein, the president of baseball operations for the Cubs, one published in the New York Times and the other written by David Axelrod (Barack Obama’s strategist) for the New Yorker.

Epstein, 42, has just agreed a contract extension worth $50m over five years, making him the highest-paid non-player in professional sport. There is plenty in the profiles on his whizzy use of data analytics; his algorithmic tests that measure players’ co-ordination (essentially using neuroscience to measure talent); as well as the Cubs’ coaching programme dedicated to mental health and managing stress. Most timely and important of all is Epstein’s emphasis on character. He talks about “scouting the person more than the player”. He wants the right kind of people on the field.

“In the draft room [where the team decides which players to sign], we will always spend more than half the time talking about the person rather than the player,” he has said. “We ask our scouts to provide three detailed examples of how these young players faced adversity on the field and responded to it, and three examples of how they faced adversity off the field.”

Epstein is well known for empowering a “geek department” inside his baseball teams. Yet instead of perceiving a conflict between science and the human realm, he sees the two as part of the same big picture. He craves players with character who can benefit from the insights of science.

“Character” is a vexed subject inside sport. It sets off uncomfortable associations. Talking too much about character – building it, or even just valuing it – sounds dangerously close to endorsing an amateur ethos. Victorian public schools often celebrated sport explicitly in opposition to intelligence, even achievement. H H Almond, the headmaster of Loretto from 1862, got an A for candour (if nothing else) when he ranked his school’s priorities: “First – Character. Second – Physique. Third – Intelligence.”

The Victorian notion of games cast a long shadow over sport and society in the 20th century. The first phase of ultra-professionalism, in the office as well as on the sports field, was a reaction to Almond’s set of values. The concept of character was recast as a consolation prize, doled out to the class dunce or the twelfth man. Crucially, reformers and nostalgics alike bought in to the historical perception of a separation or conflict between character, intellectual life and sporting achievement.

The Cubs, however, know better. To adapt Almond’s clumsy saying: intelligence and physical skills derive, significantly though not entirely, from character. Character is now being understood not as the destination, but the foundation, even the process.

This is an overdue reassessment. In the loosest terms, I would identify three phases in the development of professional sport. Phase one optimised the body. Sadly, though we are still inching forward, the human body is now reaching the outer wall of virtuosity. All sports will tail off in speed of progress, in terms of pure physicality.

Phase two of modern sport turned to psychology. Realising how hard it is to gain an edge through physical conditioning, everyone suddenly started talking about the mind: the inner game of this, the mental game of that. However, reconfiguring the mental approach of elite athletes – already in their twenties and thirties, with deeply ingrained habits and highly evolved psychological software – is also exceptionally difficult. That is why many top athletes recoil from conventional “sports psychology”; the discipline is oversold and under-sceptical.

We are now entering phase three: the whole person. Sustained high achievement relies on something much deeper than a few sessions with a sports psychologist. So you need the right people in the room.

Coaches in future will be numerate and intellectually unthreatened by the scientific advances that illuminate sport. But the best coaches will never lose sight of a parallel truth: that although science can help us to understand what happens on the sports field, and sometimes how to do it better, it cannot conveniently convert athletes into inert particles, as though it were a ­physical science. Coaching can benefit from ­science but remains an art – one that revolves around understanding and helping people.

In most sports, players and coaches are really in the business of decision-making. The winning team, as Pep Guardiola says, makes more good decisions. Sport, in other words, advances when it trains people to make better decisions. There are now highly evolved analytical techniques for understanding how those decisions influence results. However, the athletes themselves are still people, imperfect and imperfectible. If you want machines, you get dummies.

This month, I was asked to found a new institute of advanced sports studies at the University of Buckingham. The mission is to create undergraduate and postgraduate courses that attend to the entire mindset – critical thinking, ethics and leadership, as well as data analytics and sports science: a kind of “PPE of sport”. After a misleading triple fissure – character, body, mind – sport is starting to put the pieces back together again. That’s why, this month, I’m rooting for Epstein’s Cubs.

Ed Smith is a journalist and author, most recently of Luck. He is a former professional cricketer and played for both Middlesex and England.

This article first appeared in the 20 October 2016 issue of the New Statesman, Brothers in blood