Update, Friday, 5:45 p.m.:

District Attorney Stacey Eads writes in an email to the Outpost “we do have an investigative report from Cal Poly Humboldt Police Department under review for potential filing of criminal charges.” In connection with the same incident, a warrant for Toledo’s arrest was issued with a bail amount of $25,000, she said.

 PREVIOUSLY

• I Saw the Shit Buckets. They Were Real. Inside Nelson Hall During the Occupation

###

A student activist was arrested early morning Friday, after being handed an interim suspension and workplace violence restraining order following protest activities.

At least three students were placed on interim suspension at Cal Poly Humboldt Monday, following an occupation of Nelson Hall. The students were barred from stepping foot on University property under threat of arrest.

“They’re just giving it to any single person who was even near the protest that they can identify. This, I mean, it’s definitely unjust,” Rick Toledo, a Students for a Democratic Society organizer and engineering masters student, told the Outpost Thursday.

Toledo was suspended and later arrested by the University Police Department at 1 a.m. Friday.

He was in custody Friday and his bail had yet to be set by publishing time.

The University Police Department arrested him on suspicion of battery, assault, conspiracy and false imprisonment, according to the booking record.

These alleged charges appear to stem from an incident where Toledo blocked a university official from preventing students from entering Nelson Hall.

A civil workplace violence restraining order filed Tuesday and granted temporarily by a judge Thursday alleges Toledo cursed at a university official — identified as Michael Moore, Associate Director of the Gutswurrak Student Activities Center, who was tasked with monitoring the exterior of the hall during the occupation.

The request said Toledo later “aggressively walked up to Mr. Moore, spread his arms wide making a “T” with his body, backed Mr. Moore against the wall, and pinned him there while the masked individuals walked past Mr. Moore into the building.”

Toledo denied assaulting the staff member Thursday when speaking to the Outpost.

“Assault means I had to threaten that person. I had to actually have some kind of physical contact where I was harming them. None of that actually happened,” he said.

Toledo rather said he stood with his back turned and arms outstretched, did not touch the staff member, and said they could have left at any time.

As of Friday, criminal charges relating to his arrest had not been filed.

Toledo knew of two other students who were suspended for similar alleged conduct violations.

Among other demands, occupiers called for the University to rid itself of investments tied to Israel during a 14 hour sit-in, leaving in the early morning after police arrived.

According to a letter sent to Toledo, the university accuses him of violations of codes like unauthorized entry into university property, willful obstruction, violation of university policy and failing to comply with university officials.

Most offensive to Toledo is the allegation of “conduct that threatens the health and safety of a person.”

“It is alleged that you have assaulted a campus staff member to gain access to a building that had been closed by campus,” the letter said.

About two dozen people occupied Nelson’s Hall Friday following negotiations with University officials. For Toledo’s part of the sit-in, he said he went into the building a couple times, once to help the group get supplies and once to weigh in on a response to administrators, but said “I wasn’t physically sitting in the building.” 

He said the other two suspended students similarly weren’t part of the group sitting inside the building. Rather, he said they just happened to be people administrator could identify. Toledo accused the university of “making an example” of him.

In court declarations, campus officials accuse Toledo of being the leader of the student group that occupied the building.

Toledo works on campus as an instructional aide, and can’t go to work because he’s suspended.

“I live paycheck to paycheck, and it’s really harmful to me financially,” he said. He noted the suspension could block him from completing his degree — this is his last semester and he’s exhausted financial aid.

Aileen Yoo, a spokesperson for Cal Poly Humboldt, said the University cannot discuss specific student conduct cases due to the Family Education Rights and Privacy Act.

But she emphasized that the University understands where the protesters are coming from, and any allegation Cal Poly Humboldt leadership is against free speech is simply untrue.

She said other protests and dialogues have not resulted in student disciplinary action; but the occupation of the building was different. 

“In the world, there are rules we’re expected to follow; if we don’t, there will be ramifications,” she said Friday.

In a court declaration, Yoo states “I was appalled and felt afraid for Mr. Moore. I wanted to help Mr. Moore, but because of all the shouting and the intimidating presence of the masked protestors, I felt incredibly unsafe,”

She stated, in the document, she is reasonably concerned Toledo would return to campus and seriously injury other faculty or students.

Similarly, Moore said he is reasonably concerned for his safety “given that Mr. Toledo so brazenly assaulted me in broad daylight in front of so many people.”

“They took over a space not intended for that purpose and not considered a public space, and they restricted access to the space, calling into question the safety of those inside and others in the building. It went from a free speech activity to trespassing. Even so, these individuals were given multiple opportunities, including written and verbal requests, to leave the building over a span of 14 hours, and were allowed to leave it anytime,” the Cal Poly Humboldt statement said.

“The University understands the concerns of the protesters. They have every right to share their viewpoints, and all students and employees have the right to work in a safe environment free from disruptions. (Time Place Manner) ensures both,” the statement said.

Friday, a group of students said they’d be protesting until Toledo was released from custody.

“It’s way out of proportion for a peaceful sit-in,” said Kiera Sladen, a student protesting Toledo’s arrest outside of the courthouse.

Sladen said another student was arrested on suspicion of a misdemeanor charge related to the protest but released.

“It’s important to stand up for anyone who has a cause, because otherwise we could see a backsliding of the First Amendment,” said Sladen.

On Thursday, a smattering of protesters met at the university quad and painted signs opposing suspensions, ICE and war. A couple protesters refused to be interviewed, but wrote slogans such as “protesting is not a crime,” or “free student protesters,” in chalk.

In advance of the modest protest, University officials locked down Siemens Hall beginning Wednesday at 10 p.m., causing Thursday classes to be relocated and offices closed.

“There is simply no need to lock us out of the building. I had to teach class outside today,” said Gabi Kirk, an assistant professor of geography, on Thursday. Kirk said an email notifying instructors attributed the closure to possible disruptions from the protest.

Kirk, who volunteered as an advisor for scores of students suspended in 2024 during the pro-Palestine occupation, called the suspension process “opaque” and argued the interim suspension process should be used solely for people who are a direct threat to the safety of campus.

She believes the code of conduct violation process lacks due process — particularly as protest-related suspensions have left students without housing and without jobs.

“We need to be clear that there have not been any findings in these cases, and interim suspension does not require a finding. Interim suspension requires one administrator, the president or the president proxy, to declare that an individual is a reasonable threat to campus safety and property,” said Kirk.

Toledo’s student conference is scheduled for March 13. He intends to fight the accusations. Palestine Legal is advising the students. Toledo’s next workplace harassment hearing is March 25.