The IUSB Vision Weblog

The way to crush the middle class is to grind them between the millstones of taxation and inflation. – Vladimir Lenin

UNC Violating Student’s Legal Rights; One Faculty Member Stands to Fight

Posted by iusbvision on December 29, 2008

UNC (University of North Carolina) has been on these pages before. It is like they never learn. Violating student rights, faculty rights, persecution of faculty and students for partisan political reasons and lying about it. The latest time UNC appeared here is with the UNC participation in “the war on Christmas” by America hating secular leftists that Bill O’Reilly and John Gibson have brought to light.

UNC is embroiled in at least one federal civil rights lawsuit for their illegal behavior (that I know of) and who knows where the latest incident will take us. Since the fraternity involved has decided to fight the illegal and unconstitutional treatment it has received from UNC, perhaps we may see FIRE, the ACLU, and other groups join in and assist in the matter.

The fraternity had a banner with many things on it, one of the items portrayed on the banner was a confederate flag made some consternation by Southern Democrats flying it over their state houses.  Lets get one thing clear. The display of flags, the display of flags up side down and the burning of flags is clearly constitutionally protected speech and the Supreme Court has ruled so specifically (See Texas v. Johnson, 491 U.S. 397 (1989).

Some poeple believe that the confederate flag is offensive, so what. The First Amendment is designed to protect offensive speech and the court has made it clear that the answer to offensive speech is more speech not less. So what does the administration do, they claim “harassment”. The harassment canard has been so overused and abused by university administrations to illegally suppress free speech that the Department of Education told public universities to knock it off.

Do not be surprised if the pinheads at the UNC administration end up getting a letter from FIRE or perhaps the ACLU that says something like this:

The Supreme Court has held that for student conduct to constitute constitutionally unprotected hostile environment harassment, it must be “so severe, persistent, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” Davis v. Monroe County Board of Education, 526 U.S. 629, 633 (1999). Clearly, the speech in question here—an isolated expressive act, made in the context of a demonstration—fails to meet the exacting demands of this precise and well-established legal standard. Moreover, in 2003, the Department of Education’s Office of Civil Rights (OCR) issued a letter to college presidents specifically to clarify that “the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under the [harassment] statutes enforced by OCR.”

One professor is helping the UNC students uphold their rights and the law, Dr. Mike Adams:

Mike S. Adams
Monday, December 29, 2008

A few weeks ago I reported on an incident at UNC-Wilmington involving the punishment of a fraternity for the brief display of a banner, which included a small representation of a Confederate Flag. I referred to the fraternity with a pseudonym (Alpha Epsilon Sigma) in order to respect their wishes to avoid turning the conflict into a major news story. Now that the fraternity has reconsidered and decided to fight UNCW I am free to refer to the fraternity by its real name, Sigma Alpha Epsilon.

In my previous column, I asked readers around the country to a) write a donation to UNCW in the amount of $.02, and b) demand a receipt via mail. This was done to make sure the university paid a $.40 fine (two cents minus forty-two cents for a stamp) to all of my readers who were offended by a public university that punishes constitutionally protected activity as so-called hate speech.

(Note: I also asked people to join me in sending Confederate Flags to Office of the Chancellor, Alderman Hall, UNCW, Wilmington, NC, 28403).

Just a few days before Christmas UNCW started to mail back checks with the following form response: “We have received your check in response to the alleged Confederate Flag incident. You have been misinformed. We are returning your check because no fraternity or other student organization has been suspended due to a display of a Confederate Flag. Thank you.”

In other words, the university is accusing me of lying. They are also indirectly accusing my three sources – two officers of SAE and their chapter advisor – of lying. But anyone familiar with UNCW knows we are all telling the truth and, as usual, the administration is the party guilty of deception.

This kind of dishonesty among university administrators has become a serious problem. First, the university enacts speech codes, which clearly violate the First Amendment. Second, the university selectively enforces the codes in violation of the Fourteenth Amendment. Finally, they top it all off by lying to the public and falsely accusing their students and faculty of lying.

This simply cannot continue. And today I plan to do something about it by exposing the university administration for both unconstitutional activity and blatant dishonesty. Relying upon NCGS 132 – the public records law of North Carolina – I am asking all of my readers who were misled by the university to send the following letter to the provided address:

Vice Chancellor Pat Leonard
Alderman Hall
Wilmington, NC, 28403

Vice Chancellor Leonard:

Pursuant to NCGS 132, I am requesting all correspondence between officials at the University of North Carolina at Wilmington (UNCW) and Sigma Alpha Epsilon Fraternity (SAE) as it relates to their alleged suspension – for whatever reason – from participation in intramural activities for the remainder of the 2008-09 academic year.

I am also seeking copies of all relevant university policies upon which any disciplinary action was based. This request is directed towards, but not limited to, any university speech codes or any broader codes directed towards student speech and/or conduct.

Furthermore, I am requesting any correspondence between the Kappa Alpha fraternity and officials of UNC-Wilmington as it relates to the alleged suspension of Sigma Alpha Epsilon. Finally, I am seeking all correspondence including, but not limited to emails and other memoranda, used by university personnel during its preparation of the form denial of Sigma Alpha Epsilon’s suspension.

I thank you in advance for your cooperation. (substitute reader name)
PO Box 319 (substitute reader address)
Wrightsville Beach, NC 28480

I expect the results of this public records request to reveal three things: 1) SAE was, in fact, suspended from participation in intramurals for the rest of the academic year, 2) the suspension was a result of their brief display of a banner with a Confederate Flag, and 3) the university attempted to cover up the unconstitutional suspension by fabricating alternative reasons for the SAE suspension.

If I am wrong about any of my predictions, I will offer a public apology to the university. If not, I will offer a list of “suggested firings” within the UNC-Wilmington administration.

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