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Chancellor's Update on Free Expression Tunnel Incident (11/19/08)
Wednesday, November 19, 2008
Chancellor's Update on Free Expression Tunnel Incident
There have been many discussions across campus since our November 5 discovery of racist and hate-filled messages at the Free Expression Tunnel. As I said in my first statement on this issue, as chancellor and as a private citizen I denounce these shameful acts. I appreciate the way the campus has rallied against this behavior and want to update you on my recent discussion with the students responsible for leaving the messages.
There has been considerable debate on campus as to how the university administration should respond. Some believe we should expel or suspend the students responsible. Others believe that the students were exercising their right to free speech - even the right to leave reprehensible messages - so we should do nothing to punish them.
The four students involved in leaving these messages voluntarily came forward and agreed to issue an apology to the campus and community. One of the students accepted primary responsibility for the messages and in addition to an apology, agreed to accept diversity education and perform community service. The students' apologies are linked here. I will share them with the Technician and others to ensure that everyone can see and hear the apologies. I believe the apologies are sincere. The university will work with the student to design appropriate community service and diversity training.
According to our Student Code of Conduct, the primary purpose of disciplining a student on our campus is education. Education is our reason for existence. These students now understand that the behavior was hurtful and offensive.
The federal Family and Education Right to Privacy Act (FERPA) prohibits universities from disclosing personally identifiable information from student records. Campus police investigative records are protected from disclosure under North Carolina public records law. Therefore, the university cannot reveal the identities of the students. Further, after careful consideration by university legal counsel in concert with Student Affairs and the Office of Equal Opportunity, we have determined that there are no legal grounds to expel or suspend these students.
The university examined its policy on racial harassment. Violations of that policy are punishable under the Code of Student Conduct. Any hate crime under federal or state law is also punishable under the Code of Student Conduct. This was not a hate crime under state or federal law, nor was it a criminal threat. In the circumstances, especially given that the writing took place within the boundaries of the Free Expression Tunnel, it is an expression that, however offensive, is not punishable due to constitutional free speech rights.
As has been mentioned several times in the last two weeks, local and federal authorities have investigated the incident. Federal authorities determined the individuals did not represent a threat to the president-elect. NC State police also investigated the incident and conducted a threat assessment of the four individuals involved. The assessment indicated these individuals did not pose a threat to campus or others.
Since November 5, students, staff and faculty have rallied at the Free Expression Tunnel and the Brickyard. Forums and town hall meetings have been held across campus; university administrators have met -- and will continue to meet -- with student groups.
The stand this campus has taken in condemning this act and the apologies from these students will help move us forward with a better understanding of each other and new ways we can continue to encourage and support diversity and inclusion on campus.
Looking forward, we will implement our new general education plan this summer, which includes required diversity education. Our campus climate task force will begin its work Tuesday with a goal of having a final report on February 2.
Our statement on this issue is clear: We stand together to denounce these acts. We are a stronger, more unified campus in the face of hate and prejudice. As we turn our discussions to the future, let's focus on the ways to make our campus even stronger.
Related Links:
- Charge to NC State Campus Culture Task Force Committee (.pdf)
- Written Apology Issued by Students Involved in Free Expression Tunnel Incident (11/18/08)