Resolution 36
A RESOLUTION
TO BE ENTITLED AN ACT TO ADDRESS THE INCIDENT THAT OCCURRED IN THE FREE
EXPRESSION TUNNEL ON WEDNESDAY, NOVEMBER 5TH, 2008
![]()
Short Title: Free Expression Tunnel
Response Act (Public)
Sponsors: Senator ADONIS
Signatories:
Referred to:
Version: (insert either committee
version, as amended by Senate, etc.)
First
![]()
WHEREAS, on Wednesday, November 5th, 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 5th, 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 14th,
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 5TH, 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 5TH, 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
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.