On September 19, the University of California Board of Regents met at UCLA to consider the UC Police Department's annual use report and policy for military equipment. Despite warnings raised by multiple public commenters of the dangers posed by the policy proposed for use of these weapons, regents approved the policy.
The Board of Regents are what state law AB 481 describes as the “governing body” for the UC Police Department, and is required to make several determinations prior to approving a use policy. These determinations include assessing whether the proposed use policy would safeguard the public’s welfare, safety, civil rights, and civil liberties.
"The leaders of my university are apparently so callous and cavalier as to build up an arsenal of discredited weapons for no purpose except to shoot dangerous projectiles and toxic chemicals at defenseless groups of my pupils and peers."
- Jonah Walters, UCLA post-doctoral fellow
The UC Regents approved a policy that will allow California Highway Patrol (CHP) to keep using projectiles, flashbangs and teargas to suppress political protests, in violation of multiple state laws.
California state laws such as AB48 limit the use of militarized equipment for crowd control. But the University of California system has created a back door to evade these laws by calling in CHP officers to campus protests.
In May 2024, CHP officers violated state laws when they used flashbangs, projectiles, and chemical agents at a UCLA protest. According to video footage, CHP officers used these weapons, but because this was on a UC campus, the use should be governed by UCPD’s AB 481 policy, which applies to equipment used by any agency called in for mutual aid on a UC campus. (See AB 481, Section 7071) CHP has also been called on by UCPD to deploy at UC's Berkeley and Santa Cruz protests this year.
"Students, staff, and faculty at UCLA and other UCs were the targets of the military equipment, with multiple injuries documented. We do not need more weapons for police. We do not need more police."
-Erol, PhD student at UC Riverside
The UCPD policy for collaborating with other agencies that use military equipment on campus states that those agencies would use their own military equipment policies. Yet CHP has no posted policy for military equipment, including the weapons its officers used at UCLA in May. (CHP’s AB481 web page posts only information related to other equipment that it obtains from the Department of Defense, not to the military equipment it has purchased and used on UC campuses.) CHP’s violations of AB481 and state use of force laws at UCLA were reported by LA Public Press, Cal Matters, and in a statement AFSC issued.
In other words, UCPD is deploying an outside agency to use military equipment on UC campuses with no posted policy for that equipment, in violation of state law AB 481. UC Police have not disclosed what discussions they have had with CHP regarding policies for use of military equipment, such as kinetic impact projectiles and flashbangs, including whether UC Police advised CHP of UC Police’s own restrictions on use of military equipment on campus.
The UC Police military equipment use policy must be amended to exclude use of military equipment by other agencies within the UC jurisdiction that do not have posted policies for its use, and to require briefing of outside agencies on UC Police policy for use of such equipment.
The UC Regents approved a policy that fails to protect public safety, public welfare, civil rights, or civil liberties.
"You started this meeting by emphasizing how much you value free speech and expression. By approving the purchase of these weapons, you are telling students that you believe otherwise."
-Sherry Ziu, UCLA student
State law AB 481 requires military equipment use policies to include a description of the equipment, its cost, a policy for how the equipment may (or may not) be used, and identification of an independent oversight entity. But some UC police departments policies are too broad or don't include these policy components.
For example, the UC Regents approved UC Berkeley Police’s request for new flashbangs and "breaching tools," which can be used to blow open doors. The request included no description, cost, or use policy - essentially allowing these weapons to be used for nearly anything.
UC Merced Police’s policy for assault rifles is also overly broad. It states: “Officers may deploy the patrol rifle in any circumstance where, consistent with law, training, and department policy, the officer can articulate a reasonable expectation that the rifle may be needed.” This authorizes using assault rifles for nearly circumstances, without considering any risks or potentially negative consequences.
The UC Police military equipment use policy should be amended to fully comply with state law, by including all components required by state law, including identifying independent oversight bodies.
What the UC Board of Regents could be doing instead
The UC Board of Regents has the state-given responsibility to protect the safety, welfare, civil rights, and civil liberties of its communities. The Regents also have the ability to take corrective action to do so. We call on the University of California Board of Regents to agendize the UC Police military equipment use policy for the next possible Board of Regents meeting, and to take the following actions:
- Direct UC Police to identify independent oversight bodies, and to cooperate fully with these independent oversight bodies
- Direct UC Police to bring an amended policy that adds a requirement to brief outside law enforcement agencies on UC Police policy for military equipment
- Direct UC Police to bring an amended policy that adds a prohibition for the use of military equipment by other law enforcement agencies within the UC jurisdiction if the outside agencies do not have a military equipment use policy that fully complies with California state law