Jewish, Israeli and Zionist students are likely to suffer particular detriment where exams are disrupted by anti-Israel protestors, so should be allowed more generous marking, according to UK Lawyers for Israel (UKLFI).

UKLFI has written to Professor Irene Tracey, Vice Chancellor of the University of Oxford, regarding the  disruption and cancellation of exams by anti-Israel protestors. Some of the exams went ahead despite very audible noise from anti-Israel demonstrators.

UKLFI has pointed out that Israeli, Jewish and Zionist students are liable to suffer detriment by comparison with other students unless appropriate adjustments are made.

While extraneous noise can be a distraction to those sitting examinations generally, it is bound to be much more worrying for those who are themselves, or whose family, people, co-religionists and/or beliefs are the targets of such venomous hostility and threatening behaviour.

UKLFI states that the marking of the affected examinations of students with these protected characteristics now needs to be more generous than that to other students, in order to avoid discrimination against them.  Subjecting students to any detriment because of a protected characteristic contravenes section 91 of the Equality Act 2010.

UKLFI has asked the Vice Chancellor to confirm that the university will ensure that such discrimination is avoided compensating students with these protected characteristics in the marking of affected examinations.

UKLFI urges University to act against the encampments

UKLFI has also urged the University to take much more robust action to penalise and deter students whose conduct disrupts the studies, research, interaction with other scholars and other legitimate aspects of university membership.

Jonathan Turner, chief executive of UKLFI, wrote: “The University’s permissive attitude to date has encouraged increasing disruption. Those responsible for the disruption will not be appeased.”

The letter explained that there are ample powers to penalise and prevent disruption. Even if students or others are permitted to use land for normal purposes, they are trespassers if they use it for other purposes such as encampments. As Scrutton LJ observed in The Calgarth [1926] P 93 “when you invite a person into your house to use the staircase, you do not invite him to slide down the banisters” – a remark which has been cited in subsequent cases, including criminal cases such as R v Jones & Smith [1976] 1 WLR 672.

The criminal offence of aggravated trespass is committed under section 68 of the Criminal Justice and Public Order Act 1994 where a trespasser on land does anything intended to have the effect of obstructing or disrupting lawful activity on that land or adjoining land or intimidating persons engaging in such activity. Section 69 of that Act confers powers on the Police to remove persons participating in aggravated trespass.

The criminal offence of intentionally or recklessly causing public nuisance is committed under section 78 of the Police, Crime, Sentencing and Courts Act 2022 where a person intentionally or recklessly obstructs the public or section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large.

Wilful obstruction of a highway is a further criminal offence under section 137 of the Highways Act 1980.

The University can also bring civil proceedings against trespassers and can apply its disciplinary rules.

In dealing with the disruption caused by the encampments, the University is required by the Public Sector Equality Duty in section 149 of the Equality Act to have due regard to the need to eliminate discrimination, harassment and victimisation, to advance equality of opportunity, and to foster good relations between persons sharing different protected characteristics.

UKLFI has observed that it is not apparent that the University has fulfilled its Public Sector Equality Duty and has asked it to clarify what consideration (if any) it has given to the needs identified in section 149 in relation to the handling of the encampments and connected conduct.