Dear members of Berklee community,

We are writing to you as members of our Berklee community and members of the Chinese diaspora. We are writing with regard to the recent harassment case involving Berklee student Xiaolei Wu, who was arrested by the FBI on December 14, 2022 and indicted with stalking a Berklee alumna who peacefully expressed her political opinions (image included), which is protectable under the First Amendment. Wu’s conduct, such as threatening to chop the victim's hands and asking for her home address to physically follow and harass her, also attracted dozens of supporters among other Chinese Berklee students whom joined Wu to stalk the victim. The safety and constitutional rights of Berklee students, especially Chinese students as part of the international student community on campus are at risk. Due to Berklee’s lack of education in regards to anti-harassment issues, harassment has occurred repeatedly on campus; Berklee also lacked transparent and effective remedial and preventive actions and failed to make prompt public statements regarding this case and other potential cases surrounding similar issues.

The victim of the harassment has sought help from several individuals and groups across the Berklee community, including (1) President Erica Muhl; (2) Chris Reade, the Associate Vice President & Dean of Student Affairs; (3) Berklee’s Center for Diversity, Equity, and Inclusion; (4) Berklee’s Community Standards & Conflict Resolution Department; (5) the Berklee Public Safety Department; and (6) various student clubs, in an effort to forestall more harassment and to prevent more incidents of this nature from reoccurring on campus. Only one student club offered practical help to the victim. Berklee officials have not taken any action to address the significance of this case and the intolerable criminal nature of Wu’s indicted conduct. This is very likely to be interpreted by potential wrongdoers within the Berklee community as an acquiescence to harming a person’s safety and infringing upon a person’s constitutional rights on campus.

Our Berklee community is composed of creative and passionate artists with diverse cultural backgrounds, and we shall be supportive of each other. This is what makes us a unique community and is what allows us to thrive and succeed. However, none of these values can be demonstrated or maintained without respect, protection, and acknowledgment from the entire Berklee community-- from students, staff, faculty, and leadership alike. Without effective protection of constitutional rights, including but not limited to freedom of speech under the First Amendment, there will not be art, music, or anything that makes us human.

In the best interest of students, we urge Berklee to design an effective anti-harassment education program for all incoming and transfer students, so that they  (1) understand their own constitutional rights in the US; (2) understand criminal law with regard to an individual’s safety as well as the school’s Diversity, Equity, Inclusion, and Title IX Policies; (3) understand what conducts may constitute an infringement of another person’s constitutional rights or subject to criminal penalties for harming the safety of another person; (4) understand what help they may seek, from school, judicial system, or law enforcement agencies, when facing infringement of constitutional rights or threats; and (5) understand significant cases and examples, such as Wu’s case. In performing this job professionally and effectively, Berklee shall partner with legal professionals, especially those who are already a member of our Berklee community, such as Berklee alumni and parents, because they understand Berklee and musicians better.

We also urge Berklee to improve its promptness and effectiveness in responding to and processing complaints from members of our Berklee community facing threats or infringement of constitutional rights. The promptness and effectiveness shall be reflected in (1) well-established rules that are reasonable, easily understandable by ordinary members of the Berklee community, and reliably enforceable by relevant school departments; (2) a standardized procedure, from filing a complaint and following up with the case all the way to closing the case, that is well known by every member of Berklee community; (3) transparent and prompt investigations or legal actions, publication of relevant information, and enforcement of decisive punishment; and (4) easily accessible protective and rehabilitative means for victims, with sufficient duration and professionalism.

Finally, we urge Berklee to promptly make a public statement with regard to the recent United States v. Xiaolei Wu stalking case at a time and with a manner it deems appropriate. The fact that a verdict on Wu's case hasn’t been returned yet is not sufficient to justify that a public statement on this case by Berklee is not appropriate to be made before that. Berklee should officially acknowledge the existence and significance of this case and take a stand regarding this case and whether it plans to take practical actions to improve its transparency, effectiveness, professionalism, promptness, and accessibility of remedial and preventive actions on incidents of this nature, which shall include but shall not be limited to anti-harassment and legal education programs.

We deeply understand that it takes time to make progress, especially to make remarkable changes. Despite this, we would like to call upon the College to provide a statement and updates on this Petition. Moving forward, we hope to see specific plans and practical measures to prevent future incidents of this nature and to foster an environment in which, at least, students are safe and free to express differing opinions and are respected for their constitutional rights.

Best,

The Victim’s Friends from Berklee Community