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U of M Student Group Statement [ I intend to stop this line with
From: David Farber <farber () central cis upenn edu>
Date: Thu, 9 Feb 1995 18:04:39 -0500
Students' Civil Liberties Watch A student group at the University of Michigan Contacts: Ethan Kirschner ethank () umich edu Vincent Keenan keenan () umich edu THURSDAY FEBRUARY 9, 1995 ______________________________________________________________________________ The Students' Civil Liberties Watch (SCLW) denounces the University of Michigan's actions against sophomore Jake Baker, who was suspended on Thursday, February 2. The administration suspended Baker under University of Michigan Regents' Bylaw 2.01, which gives the President of the University authority for "the maintenance of health, diligence, and order among the students." The University has claimed that Baker's January 9 post on a USENET internet mail group poses a threat to student order. Baker has a closed administrative hearing on Thursday, February 9, and could be expelled from the University of Michigan. The USENET post consisted of a graphic and violent sexual story about a University of Michigan woman whom he named. Baker included a disclaimer, stating that what he wrote was "sick stuff" and a "story". He had never spoken to the woman, a student in one of his classes. Proving that Baker is a threat to student order will be difficult for the University. Baker posted the story on January 9, and was suspended almost a month later. In that time, Baker did not show an intention to contact the University of Michigan woman. Regents' Bylaw 2.01 is intended for use in situations of immediate emergency. The post was made to an internet news group to which one must subscribe, not to a general mail service. It was brought to the administration's attention by a University alumnus living in Moscow. It includes an explicit disclaimer, indicating that this was only a story, neither a factual account nor a future plan. The SCLW affirms that in order to preserve our liberties, oftentimes we must defend reprehensible choices by questionable individuals exercising those rights. We firmly advocate public contempt as a response to actions like Baker's. The University, however, has no legal basis for its claims, and has violated the spirit of the Bylaw. In addition, this behavior is not punishable under the current Statement of Student Rights and Responsibilities. We are further concerned about Baker's rights to free speech, due process, and legal representation at the February 9 administrative hearing. If Baker had physically assaulted this woman, the University's response would have been within the established Statement procedure. The University reacted more harshly in this incident than if there had been a physical assault. The SCLW is concerned that this case involves the regulation of student thought and expression. Further, despite the University's claims that the SSRR promotes standardization of procedure and due process, President James J. Duderstadt chose to override SSRR policy, although the SSRR itself contains provisions for emergencies on campus. The SSRR is extremely controversial, for several reasons: it does not allow students legal representation; it allows statements made in University Proceedings to be used in a criminal or civil proceeding, forcing students not to participate in order to safeguard their rights in that court; there is no subpoena power, although the use of affidavits against the accused is permitted; and it applies to offenses committed off campus. The SCLW, composed entirely of University of Michigan students, demands that the University defend its actions in the Jake Baker case. Ethan Kirschner, SCLW Chair Vincent Keenan, Students' Rights Commission Chair of the Michigan Student Assembly Anne Marie Ellison Pamela Short **Press packets available upon request**
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