CalPoly replies to Politech again over disciplining student

[Dave Farber <dave () farber net>]

> Date: Tue, 5 Aug 2003 13:44:09 -0700 (PDT)
> From: Declan McCullagh <declan () well com>
> To: politech () politechbot com
> Cc: cmorton () calpoly edu
>
> Previous Politech message:
> http://www.politechbot.com/p-04972.html
>
> I asked Cornel Morton, CalPoly's VP for student affairs, this question:
> >If the facts in paragraphs two and three of FIRE's writeup
> >(http://www.politechbot.com/p-04925.html) are correct -- speaking
> >hypothetically -- should the student posting the flyer have been
> >disciplined or censured in any way?
>
> I don't believe Cornel's response answers that question (perhaps he
> honestly can't because of FERPA-- I don't know) but I thank him for his
> reply.
>
> -Declan
>
> ---------- Forwarded message ----------
> Date: Tue, 29 Jul 2003 16:03:44 -0700
> From: cmorton () calpoly edu
> To: declan () well com
> Subject: Your Concern
>
> Dear Declan:
>
> Thank you for taking the time to contact Cal Poly regarding what you
> apparently have read or heard about an alleged First Amendment issue at
> the University. The University is concerned that many people are being
> misled about free speech at Cal Poly.  Recent Internet, print and TV
> talk show publicity surrounding promotion of a speech by a campus
> speaker has contained many inaccuracies, misinformation, and even
> falsehoods.
>
> Let me assure you that Cal Poly highly values the First Amendment and
> free speech. They are at the core of our identity as an American
> institution of higher education. The University strives to create and
> maintain a campus environment that supports free speech and open inquiry
> for all. This campus does not practice censorship of thought or word, or
> impose bans on speech or expression. Indeed, Cal Poly places among its
> top priority establishing conditions that foster open inquiry and
> healthy debate for all.
>
> We want you to know that the speaker did indeed speak at Cal Poly, and
> fliers advertising the speech were posted on bulletin boards and kiosks
> throughout campus. The speech took place on campus and was attended by
> some 250 students, and written up afterwards in the Mustang Daily, the
> campus student newspaper. You can read the article on the Mustang
> Daily's web site at:
> http://www.mustangdaily.calpoly.edu/archive/20021115/index.php?story=n4.
>
> Federal privacy laws (Family and Educational Rights Privacy Act,
> [FERPA], http://www.ed.gov/offices/OII/fpco/ferpa/index.html) prevent
> the University from discussing student discipline cases. Although
> students may consent to waive their privacy rights and allow
> universities to discuss their discipline cases, the student involved in
> this case has not signed a general waiver despite our request that he do
> so. He has, instead, provided us with a limited waiver which allows us
> to discuss his case only with staff members of FIRE (Foundation for
> Individual Rights in Education), and no one else. Unless the student
> signs a general waiver, the University would be unable to discuss the
> discipline case more broadly and the facts associated with the case.
>
> Without discussing the specifics of the student's case, I can tell you
> that this is a case involving student conduct, not speech content.  Any
> characterization to the contrary is false.  Cal Poly supports and
> upholds freedom of speech as a Constitutional right, and the University
> has policies in place to protect the rights of all parties on campus to
> pursue learning and otherwise go about their business. These include
> policies regarding the disruption of classes, meetings and other
> University business. California State University regulations regarding
> "time, place and manner" of expression implemented by Cal Poly exist to
> protect open expression, not stifle it, to balance the nature of a
> university as a free and ordered space.
>
> I hope you would agree that, in general, while all of us enjoy the right
> to freedom of speech, it does not include permission to disrupt
> scheduled meetings or classes while doing so - in other words, to
> infringe on the rights of others.
>
> In addition to misinformation about posting of the flier by the student
> involved in this case, we want to stress to you that several statements
> attributed to Cal Poly officials in recent print, Internet and broadcast
> publicity have been complete fabrications.
>
> I can say with certainty that statements and quotes attributed to me are
> in some cases completely false, and in others, taken so far out of
> context so as to distort the meaning.
>
> Statements attributed to Cal Poly Vice Provost for Academic Programs
> David Conn are also not true. Some recent coverage has alleged Dr. Conn
> has threatened to expel or suspend the student involved. This is
> completely false. At no time has the student been threatened with
> expulsion or suspension for this incident.
>
> Cal Poly offers and supports many venues for freedom of expression,
> including invited speakers, rallies, impromptu speeches in public areas,
> and public bulletin boards throughout campus. We will continue to
> encourage our students to listen to speakers with differing points of
> view.
>
> This University is a place enriched by individual differences and also
> where shared purpose, commitment, relationships, and responsibility are
> combined to promote a healthy and respectful community.
>
> As for the resolution of the student judicial case, Cal Poly considers
> the matter closed and will not pursue it further.
>
> Thank you for your sharing your thoughts on this important issue. For
> more information, please visit:
> http://www.calpolynews.calpoly.edu/free-speech.html.
>
> Sincerely,
>
>
> Cornel N. Morton
> Vice President for Student Affairs
> Cal Poly State University
> San Luis Obispo, CA  93407
>
>
>
>
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