Resolution 36

A RESOLUTION TO BE ENTITLED AN ACT TO ADDRESS THE INCIDENT THAT OCCURRED IN THE FREE EXPRESSION TUNNEL ON WEDNESDAY, NOVEMBER 5^TH, 2008

Short Title: Free Expression Tunnel Response Act                                                            (Public)

Sponsors: Senator ADONIS

Secondary Sponsors: Senators Rogers, Webb, Crabtree, Brackett, Chiang, J. Jones, Donnelly, Demanovich, Senator Emeritus Stewart

Signatories: Matthew Woodward

Referred to:                        

Version: (insert either committee version, as amended by Senate, etc.)

First Reading:            11-12-2008                                                      Second Reading:

WHEREAS, on Wednesday, November 5^th, 2008 four students spray painted hateful, discriminatory, and violent remarks and threats in regards to President-elect Barack Obama in the Free Expression Tunnel; and,

WHEREAS,  these and other remarks prompted the University officials

to paint the tunnel white; and,

WHEREAS,   Chancellor Oblinger stated on Wednesday, November 5^th, 2008 that “We as a campus community and I as your chancellor- and as a private citizen- value free speech but will not tolerate hateful speech designed to incite violence and undermine the safe operation of campus”; and,

WHEREAS, student leaders agreed in a Student Leaders’ Response to Hate Speech that “We

live by the values of equity for all people and mutual respect for every member of the human race regardless of race, color, religion, creed, gender, sexual orientation and expression, national origin, age, disability, or veteran status”; and,  

WHEREAS,  Chancellor Oblinger stated on November 14^th, 2008 that “…Federal authorities

investigated this incident and determined that the individuals involved did not

present a threat to the President-elect;” and,

WHEREAS, no criminal charges are currently being pressed; therefore, any further actions will be taken by the University; and,

WHEREAS, we recognize that the Family Educational Rights and Privacy Act (FERPA) (20

U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student records and prevents us from knowing the outcome of any University disciplinary action against these students; and,

WHEREAS,  we further acknowledge that the incident which occurred in the Free Expression Tunnel on Wednesday, November 5^TH, 2008 also revealed student body concerns and confusion relating to the existence of a University policy that would satisfactorily address this incident; and,

WHEREAS,  the events on Wednesday, November 5^TH, 2008 also indicated a general lack of visibility and clarity of the harassment policies, and left it questionable for whether or not these actions would fall under the current Unlawful Harassment Policy Statement (REG04.25.04); and,

WHEREAS, that the University’s Unlawful Harassment Policy Statement (REG04.25.04§1.1) declares that, “Harassment based upon race, color, religion, creed, sex, national origin, age, disability or veteran status is a form of discrimination in violation of federal and state law and North Carolina State University policy, and will not be tolerated,” and it also declares that, “It is the internal policy of North Carolina State University to prohibit harassment on the basis of sexual orientation”; and,

WHEREAS, the University defines harassment in REG04.25.04§2.1 as “…unwelcome conduct, based upon race, color, religion, creed, sex, national origin, age, disability, veteran status or sexual orientation, that is either a condition of working or learning (quid pro quo) or creates a hostile environment”; and, 

WHEREAS,   this incident has demonstrated that conduct which intimidates individuals or groups often creates tension within the campus environment, and threatens the effectiveness of education; and,

WHEREAS, the University recognizes Hostile Environment Harassment in REG04.25.04 § 2.2-2.2.2 by stating that “Hostile Environment harassment consists of unwelcome conduct when: such conduct has the effect of unreasonably interfering with an individual’s work or academic performance, or such conduct has the effect of creating an intimidating, hostile or offensive working or learning environment”; now therefore be it

RESOLVED, by the North Carolina State University Student Senate that we formally reject and condemn the actions of these four students as they directly contradict the values of the University and do not represent the views of the student body; and be it further,

RESOLVED, that we strongly urge that these students are punished to the full extent, of our current Policies, Rules, and Regulations; and be it further,

RESOLVED, that we encourage the University’s punishment and education of these individuals  to include cross cultural community service, counseling, and diversity education; and be it further,

RESOLVED, that the University’s Unlawful Harassment Policy be modified to adequately address future incidents which violently target individuals or University protected groups; and be it further, 

RESOLVED, that the North Carolina State University Student Senate, on behalf of the student

body, strongly urges the NC State Campus Culture Task Force Committee to reform the current Unlawful Harassment Policy Statement, and any other applicable University regulations, to include language that would explicitly address acts, whether they be verbal, written, or physical, which incite violence or otherwise create a hostile campus environment toward individuals or University protected groups.