Resolution
of the Doctoral Students’ Council:
Endorsement of Miguel
Malo
Passed on February 6, 2004
The Doctoral Students’ Council (DSC) of the Graduate Center (GC)
of the City University of New York (CUNY) supports Miguel Malo in the
legal challenges he faces due to the charges brought against him by
CUNY Peace Officers after he was arrested for holding a sign in protest
at Hostos Community College in August 2001. We add our voices to those
insisting that all charges against Miguel Malo be dropped. Since his
brief trial recently ended as a mistrial, now is an opportune moment
for the administration of Hostos Community College and the Office of
the District Attorney to cease legal actions against Miguel Malo.
The circumstances under
which Miguel Malo was arrested indicate a desire by CUNY administration
to limit even peaceful protests carried out by students. He was simply
holding up a sign to protest funding cuts in bilingual and Spanish programs.
He was thrown to the ground and arrested by several CUNY security officers,
actions by which he describes himself as “brutalized.” After
several years of exhausting preliminary court hearings, the trial which
began in the Fall of 2003 ended in a mistrial. Now Miguel Malo must
face this ordeal again from the beginning with a new lawyer. Instead
of pursuing the charges against him, the administration of Hostos Community
College and the Office of the District Attorney should seize this timely
moment and cease to press charges.
Whereas the Constitution
of the DSC states that a purpose of this body is “To promote the
democratization of the City University of New York in order to enable
its students, faculty, and employees to participate in the important
social, political, and economic decisions that affect the quality of
their lives and of their community”;
and Whereas the right
to freedom of expression, including by peaceful demonstration, is fundamental
to creating an atmosphere in which democratic participation is possible
and the threat of fear by legal harassment damages this possibility;
The DSC hereby joins
in the individual and collective bodies which support Miguel Malo against
the exaggerated legal charges of assault, resisting arrest, harassment
and disorderly conduct.
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