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CalPoly replies to Politech again over disciplining student
From: Dave Farber <dave () farber net>
Date: Tue, 05 Aug 2003 19:02:09 -0400
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 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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- CalPoly replies to Politech again over disciplining student Dave Farber (Aug 05)