ED Investigates Berkeley Over Protest Violence

The Department of Education is reviewing potential violations of the Clery Act at the University of California, Berkeley following violence at a campus protest.

Fights broke out and four people were arrested at a Nov. 10 protest against an event for Turning Point USA, the conservative student group founded by Charlie Kirk, Cal Matters reported. The organization has received newfound attention after Kirk was shot and killed while speaking at Utah Valley University in September, exactly two months before the event at UC Berkeley.

The Department of Education announced the launch of the investigation Tuesday.

“Just two months after Turning Point USA founder Charlie Kirk was brutally assassinated on a college campus, UC Berkeley allowed a protest of a Turning Point USA event on its grounds to turn unruly and violent, jeopardizing the safety of its students and staff. Accordingly, the Department is conducting a review of UC Berkeley to ensure that it has the procedures in place to uphold its legal obligation to maintain campus safety and security,” U.S. Secretary of Education Linda McMahon said in a statement.

ED also accused the university of having “a history of violating the Clery Act” in a news release announcing the investigation, citing a $2.4 million fine and settlement agreement in 2020 for UC Berkeley’s failure to properly classify 1,125 crimes on campus and insufficient record keeping.

The Department of Justice previously announced a probe into the university earlier this month, claiming that “Antifa,” a decentralized, left-wing movement was involved in the Nov. 10 protests.

UC Berkeley spokesperson Dan Mogulof told Inside Higher Ed by email that the university “has an unwavering commitment to abide by the laws, rules and policies that are applicable to the university” and “will continue to cooperate with governmental inquires and investigations.”

Mogulof added that the university provided public reports about two violent crimes that occurred Nov. 10: a fistfight over an attempted robbery and someone being hit by a thrown object. He also highlighted efforts by administrators “to support the First Amendment rights of all by deploying a large number of police officers from multiple jurisdictions, and a large number of contracted private security personnel” and closing off parts of campus on the day of the protest.

The investigation comes as the Trump administration has clashed with the University of California system in recent months as it sought to cut off federal research funding over alleged antisemitism and how administrators handled pro-Palestinian campus protests in spring 2024. The federal government has also demanded the University of California, Los Angeles, agree to a $1.2 billion fine and make a number of changes in response to the administration’s concerns.

A federal judge recently ruled against the federal government and its “blanket policy of denying any future grants” to UCLA and determined that the Trump administration can’t demand payouts from University of California member institutions as it conducts civil rights investigations.