CSU sends Concordia a cease and desist
The student union accuses the university of restraining freedom of speech, cites concerns with upcoming election
The Concordia Student Union (CSU) sent a cease and desist letter to Concordia University on Feb. 20 following the university’s announcement that it would launch an investigation into the student union.
In the cease and desist letter, the CSU claimed that Concordia’s actions will cause “irreparable harm” to the union. As such, the CSU has given Concordia 72 hours to rescind its suspension or they will undertake legal recourse against the university.
Concordia first informed the CSU of its investigation on Feb. 6 following claims of alleged breaches of university policies during the Jan. 29 special general meeting (SGM). At the SGM, a significant majority of undergraduate students voted for the union to adopt a Boycott, Divestment, Sanctions (BDS) motion and for the union to bring the motion to Concordia’s Board of Governors.
Primarily, Concordia pointed to alleged breaches of the Policy on Student Associations and Groups, the Policy on the Temporary Use of University Spaces, and the Code of Rights and Responsibilities.
The university specifically outlined allegations that the auditorium was overfilled during the vote and that the CSU used the mezzanine to accommodate additional student voters without proper authorization. Concordia also pointed to allegations that the CSU permitted intimidation during the SGM, claiming that it received reports of “heavily masked individuals” creating “an intimidating climate.”
As a result, the university suspended the CSU’s ability to book spaces on campus and rescinded all the union’s past bookings.
In the cease and desist letter addressed to Concordia provost and VP of Academic Anne Whitelaw, the CSU outlined how the alleged accusations “are very serious and are made without specifically referring to any articles of the three policies mentioned.”
The cease and desist also claims that the university failed to provide details on the formal complaint that prompted the investigation.
“Limiting CSU’s rights on this basis goes against the CSU’s freedom of speech and freedom of peaceful assembly and association, which are guaranteed to all students in section 1.3 of Concordia’s Code of Rights and Responsibilities,” the cease and desist reads.
The CSU also claims, contrary to Concordia allegations, that organizers counted and registered each student coming inside the building for the duration of the SGM.
The union’s lawyer also wrote that Concordia Campus Safety and Prevention Services (CSPS) officers raised no concerns with organizers using the mezzanine as an overflow space to accommodate additional students. The cease and desist claims that CSPS officers even helped organizers install chairs in the mezzanine.
“Accusing the CSU organizers of using space without authorization while, in reality, security personnel employed by Concordia helped them use this space constitutes an attempt to intimidate and stop students from being active in politics,” the cease and desist reads.
The CSU also claimed that it provided students at the SGM with masks to ensure safety, claiming that concerns were raised by immunocompromised students who wanted to attend the vote. The union also noted that students were able to communicate their concerns through an anonymous text line to the moodwatcher throughout the SGM.
“No concerns of discrimination or intimidation were brought forward beyond requests to mitigate cheering and prevent attendees from filming each other, both of which were then directly addressed by the chair,” the cease and desist reads.
The CSU claims the administration did not try to get the CSU’s version of events or communicate with CSU executives except to clarify the effects of the suspension.
The union’s concerns with the suspension come as the campaigning phase of the CSU General Elections is set to begin on March 3 at 9 a.m.
The union claims that Concordia is causing “serious and irreparable damage to student democracy and freedom of speech” by preventing the union from booking the spaces needed to hold the elections.
The cease and desist continued by stating that it is inconceivable for the union to hold “proper and valid” elections and organize debates in accordance with the CSU bylaws without access to the requisite spaces on campus.
The letter also states that the governance and decision-making power of the CSU would be rendered null if the general election results were deemed illegitimate following the university’s actions.
“The CSU is a multi-million dollar non-profit for students by students, so if these services were to be rendered null it would mean that millions in student funds would be put to waste,” the cease and desist reads.
Concordia spokesperson Julie Fortier told The Link that the university does not comment on pending legal matters and that it “is not restricting freedom of speech or student democracy on campus.”
