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Exiled Student Leaders
Return to Campus for the Spring Semester.
For comprehensive information
on the entire case, check
here
The student leaders
returned to campus Thursday (1/11/07) at 11:30, and had a press conference in
front of the Jacobson Faculty Tower.
Two dozen people showed up in
the blustery cold sunshine to join Justin and RJ on their official return to
campus: the student’s attorneys, Andrew Kossover and Michael Sussman, some
faculty past and present, and some friends, including two dogs.
I guess as far as waiting for
injunctions from federal judges goes 135 days might not be a long time, but when
you’re a student who was just elected president or vice president of your school
in spite of administrative interference, and just when you thought you were
going to make plans for you administration you were unfairly suspended—banned
from campus for an entire semester, it can seem like a long time. Both students
were buoyant, even jubilant as Justin waited with a few friends at the circle
and RJ was whisked from the bus station in a green Volvo where he unfortunately
left his jacket.
They strolled from Old Main
Circle to the front of the faculty tower.
Justin spoke first. His lawyers
and a few others chuckled when he announced that he was not doing to deliver a
diatribe. We’ve never known Justin to be short-winded but he’s usually genial,
especially when he’s had time to think about things. He began with a remark of
respect and regret at the recent death of benefactor Mildred Resnick.
He said that colleagues of his
had been predicting that he would “ have venom to unleash on the Administrators
who put us in this position” but they were wrong. As for me, I never thought he
would be bitter—obnoxious maybe, but never acrimonious. If anything, Justin
tends to trust and forgive people who have harmed him more often than not.
Instead, he said it was his belief that he and his fellow students and faculty
“have been the victims not of evil, but of serious mistakes made by people in
positions of power.”
He announced a decision he had made with Jessica
Coleman who had been brought in on an interim basis to replace him as president
during his suspension that she would continue to serve in that position. He said
that found this to be the right thing to do because she had done such an
exemplary job in the face of many obstacles and that it would be “difficult to
imagine a better situation” than to have her in the office of the student
presidency, “the most important office on this campus.” He expressed his
gratitude for her excellent performance and his hope that the SUNY
administration and the student body would appreciate his decision in light of
all the controversy.
Justin then expressed his hope that the
Administration will take “whatever steps they see fit” to remedy the situation
of misconduct and even criminal activity by campus officials. He hopes to meet
with the administration and have a “calm and affable” discussion with them. He
wants to be an advocate or “ambassador” to the various campus groups about the
following issues:
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the food service monopoly,
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the treatment of our women’s studies program,
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our unique and draconian policy of expulsion
for first and second time controlled substance possession offenses,
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the level of respect shown to our Classified
Staff
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and the way that so-called “sexual misconduct”
cases are handled
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the future configuration of the Jacobsen
Faculty Tower
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our expansion to the South and what it means to
the community
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the renovation of our Old Main building
He summed up his speech by listing the goals he
had described in his speech and “implored” his listeners to join him in
following activities:
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recognizing and rallying behind our
President, Jessica Coleman,
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reaching out to the student body, faculty,
administration, staff, and local residents and sharing our vision and energy
with them,
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taking an active role in the development of
technology which will help us to peacefully assume the responsibilities
currently delegated to government
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and finally helping to organize bi-weekly open
forums to address the state of the First Amendment on campus
He
posted a copy of his speech so it was much easier to report on than the others
for which I had to decipher notes taken with frozen fingers. I apologize for the
brevity of the final two, by that time I was quite distracted by dealing with
the apple cider and my dog. RJ and Jessica were short, sweet, and appropriate.
Michael Sussman, who filed for the preliminary injunction began his speech by
saying that as an attorney he normally speaks through the court which takes its
time to arrive at a decision. This issue is now at a “critical but preliminary”
stage. He sees this case as part of a broader activism for academic freedom of
speech. He reminded us that after all it was students’ protests that ignited the
anti-war movement that ended the war in Vietnam. He said that the case was far
too complex to be “settled with a few grand” and too important as part of a
larger process of “truth telling” like the “tip of an iceberg.” It is the desire
of the administration to control both the students and the faculty, and it is
imperative of those are controlled to assert themselves, but when the
administration suppresses the urge of students to challenge the status quo this
“needs to be combated.” He pledged to help raise money for the students’ legal
defense.
Andrew Kossover who defended the students in local criminal court on charges
stemming from the same two minute incident in a hallway that was used to suspend
them, began his speech by remarking that though it was freezing outside, they
were cloaked in the bill of rights. He said that Justin, who was the “least
culpable” of the students involved in the incident had been convicted while the
others were acquitted.
He
said that he knew all too well from years of experience of serving with his wife
as the campus lawyers for the students, that the judicial procedure is flawed
and the “rules need revision and scrutiny.” He thanked Justin and Michael
Sussman for bringing this about, and hoped for state-wide reforms. He applauded
Justin’s support of others and praised his decision to have Jessica Coleman
serve as president.
RJ
had left his coat in the car and was clearly freezing. He thanked everyone there
for their support. He urged everyone not to just go along in their everyday
lives accepting things the way they are, but to try instead to think of how they
want to world to be and then to try to achieve that. He thanked both attorneys
very much for their extraordinary dedication.
At
this point everyone was freezing so we went inside to hear Eden Connelly, who
has been serving as interim vice president for RJ, speak for herself and read a
statement written by President Jessica Coleman. Both expressed their support of
Justin and RJ and the hope that they would be able to accomplish their goals
together as a team. Eden is still discussing with RJ how they will handle the
vice-presidency and joked that they might play “rock paper scissors” for it.
She said that during the protest outside the administration building she had
heard someone saying that “justice will prevail” and now she feels that with
Justin and RJ being allowed back on campus that this first step towards justice
has been taken.
A new speaker of the house, a
new governor in Albany, student leadership restored at SUNY New Paltz: spring
may be around the corner indeed, and not just because of global warming.
While the decision does not
examine or agree with many of the substantive claims made by the students, it
does find that their due process was violated because they were not allowed
representation by an attorney at their campus judicial proceedings. The attorney
for the students, Michael Sussman is “confident that when the merits of this
case are reached, the finders of fact will conclude that the harsh
administrative response to both young men derived from their advocacy and
activism, a plain violation of their First Amendment. I also continue to
believe that all college students attending publicly funded universities in New
York should have the same right to due process in disciplinary proceedings as
students attending primary and secondary schools in this state. Their interest
in not being wrongfully expelled from school is at least as great."
Meanwhile, a
motion has been filed by Holme's attorney, Andrew Kossover to set aside
Holmes' conviction in criminal court
for harassment in the second degree.
Both sides have posted
Justin on his new blog
And the SUNY administration on
their website
Text of the decision
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