Senate Resolution 25

 

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 Hate Crime Act                                                                     (Public)

Sponsors: Senator ADONIS

Signatories:

Referred to:                        

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

First Reading:            11-12-2008                                                      Second Reading:

 

 


WHEREAS, on Wednesday, November 5th, 2008 four students spray painted heinous remarks in regards to President-Elect Barack Obama on the Free Expression Tunnel.

 

WHEREAS,  the remarks “Let’s shoot that nigger in the head” went beyond the constitutional right of freedom of speech and became hate speech, defined by the United States Government as discriminatory harassment including conduct (oral, written, graphic or physical) directed against any person or, group of persons because of their race, color, national origin, religion, sex, sexual orientation, age, disability, or veteran’s status and that has the purpose or reasonable foreseeable effect of creating an offensive, demeaning, intimidating, or hostile environment for that person or group of persons

 

WHEREAS, in addition to the racist remarks, references to the Ku Klux Klan were also portrayed and Campus Police had to paint the tunnel white to cover the messages.

 

WHEREAS, the Chancellor agreed that the act was well over free expression, stating, “There was no question in my mind as chancellor of the University or as an individual that what was written there was well beyond what is free speech”

 

WHEREAS, although North Carolina State University has no specific hate crime policy:

 

  • Ten inch noose found in the Motor Pool Office restroom at the Sullivan Shops on Thursday, November 8th, 2007
  • Sign was found on Thursday, November 14th, 2007 on the door of an Avent Ferry Complex Apartment stating “No Blacks allowed White Room Only, Blacks next door,” and many other unreported incidents
  • Resolution 62 an act to formally condemn the act of hatred on this campus last week and to call for a stronger message dated, November 14th, 2007 was passed by a 48-0 roll call vote
  •  Resolution 67 an act to formally call upon Chancellor Oblinger to appoint a committee to formulate a campus wide hate crime policy, dated November 28th, 2007

 

WHEREAS, according to REG 04.25.1, section 1.2 issued by the chancellor on August 30, 1999, last revised on June 21, 2005 it is reiterated that discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation is in violation of federal and state law and North Carolina State University policy and will not be tolerated.

 

WHEREAS, on May 3, 2007, the US House of Representatives, by a strong bipartisan margin of 237 yeas to 180 nays, passed H.R. 1592, the “Local Law Enforcement Hate Crimes Prevention Act.”

 

WHEREAS,  H.R. 1592, as introduced, sets out congressional findings regarding the harmfulness posed to society by hate crimes, that is, crime motivated by the victim’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability

 

WHEREAS, this bill, in short, allows the federal government to work with state and local authorities to punish hate crimes to the fullest extent possible

 

WHEREAS, according to the 2007 Federal Sentencing Guidelines Manual, Section 3A1.1. Hate Crime Motivation or Vulnerable Victim: if the finder of fact at trial or, in the case of plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels

 

WHEREAS,  Part E, Section 3E1.1 Acceptance of Responsibility states that if the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels

 

WHEREAS,   the failure for the NC STATE community to “act against the public acknowledgement of a group’s intention demonstrates our willingness to pacify a contingent that would attempt to steal away the will of an entire nation, and the fact that these threats are also blatantly racially charged should only enrage us more as the argument is only one of skin color”

 

WHEREAS,  that since the search made by the Secret Service determined that there was no threat and that no hate-related charges were filed by officers, and that the only disciplinary actions these students will face is left up to the responsibility of the dean or director, supervisor, or Office of Student Conduct  

 

RESOLVED, we strongly suggest that the University look to immediately expel those who promote such violent and racist actions on campus

 

And be it further RESOLVED, that the University look to prosecute the offending students to the fullest extent of State and Federal law.