The start of this blog would be the hard work and effort I have had to put in to deal with the stupidity of the Columbia Greene Community College's Dean of Student's and President.
To start, the occurrence involved happened 7 years ago and was based on an essay I wrote for EN 102 with Greg Berninger. I will be making this essay available for review so that, you my peers, may decide if this indeed violated campus rules or is considered freedom of speech and expression.
Upon readmittance, I was asked to transfer classes to a new Professor and that was fine, as a matter of fact I have done exceptional in this class.
I was brought for an informal hearing with the Dean of Students as well as the Dean of Academic Affairs. In the Informal Hearing, Dean Joseph Watson stated, "This is not what you call double jeapordy Mr. Oathout as this is not criminal court, and there is no record of punishment on file from the incident 7 years ago."
Lets talk student rights:
Lets start with Statute of Limitations:
According to Donna Bulluck, New York State Department of Educations Chief Attorney, colleges have a certain amount of time set on filing charges against a student. When Mrs Bulluck called up and talked to this college, Dean Watson lied to her as a state official performing a state sanctioned investigation into the events surrounding this case. Dean Watson stated to Mrs. Bulluck that this was a reiteration of the punishment 7 Years ago. This is not the case. If you look at the paperwork that I have in my possesion *insert Hyperlink here* and this copy of the student regulations and catalog you will note that this is not a reitteration but a new charge. When requested proof of the charge 7 years ago Dean Watson stated there was nothing on file.
When Mrs Bulluck asked to see the records Dean Watson only showed her the Permanent record and not the Disciplinary record in an effort to conceal his miss doing. You will also note it says "recent" student misconduct, recent being fall of 2001.
Students have a reasonable expectation of a time limit in regards to any collegiate Judicial Action. According to the State University Of New York Board Of Trustees Policy, that is 180 days total from incident. If you read this section in the SUNY right to know guide *insert Hyperlink here* you can see what a student's due process staute of limitations should be. Obviously, the Staff at CGCC are unaware how to read and interpret Policy as set forth by the Board.
Lets continue with Double Jeapordy:
According to the policy memos passed down from the Board of trustees to all of the accountable colleges as outlined by this section of the boards applicability *insert Hyperlink here* and this memo in regards to title 18 of NYCRR subsection 535 *insert Hyperlink here* you will note it clearly states that a student may be charged twice for the same crime.
Since it was stated there is no record and that this is a new charge and there was one 7 years ago *verbally as outlined by the student handbook* then this is double charging and a violation of the student's (my) rights. Clearly, to cover it up in the investigation, the Dean of students clearly hid those records from pervue and lied in an attempt to hide his own unethical and discriminatory behavior.
Lets talk about the right to cross examine and the right to evidence:
According to the student handbook, it clearly states that if any action is instituted against a student, a student has the right to cross examine any evidence and testimony.
I was told there was no evidence and I was not given any opportunity to cross examine Greg at any time durring the Informal Hearing in violation of student rights and due process. This is a constitutional right *second ammendment*. This unjust method taints not only the outcome of the hearing but unduly burdens my disciplinary record which against popular belief here by Uncooth individuals, can be requested under FERPA by my transfer college. Again it boils down to ignorance as it is clearly federally mandated that those records are to be disclosed to teachers and educational facilities, and my transfer college would be deemed that under federal definition.
Lets Talk about the right to request a copy of, review and fix any records:
I'm not sure how stupid the staff is here, but under ferpa I have a right to a copy of my records, and this was made policy again by the board of directors in a memo. This policy has altered some tuiton for other SUNY's as they include a fee for copying any disciplinary records in their tuition *insert SUNY CORTLAND HANDBOOK link*. There is nothing in any regulation or handbook that prevents me from doing any and all of the activities mentioned. There is no expectation for privacy against myself as that is riddiculous. To assume such is just stupidity.
If indeed, the punishment was just a reitteration, which it isn't as it has different stipulations, then I would have the right to request that the documents in regards to it be destroyed and amended to state this is a reitteration of the first process in 2001. Is that not the case? It is just stupidity, and a lack of humanity, morals and ethics, that stop this College from doing the right thing.
It is Discriminatory behavior, at best.
Joseph Oathout
Monday, October 20, 2008
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