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I'm getting kicked out of college, HELP!

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absolutezero Donating Member (879 posts) Send PM | Profile | Ignore Tue Feb-15-05 09:56 PM
Original message
I'm getting kicked out of college, HELP!
Here's the story. I'm the editor of a college paper. Last week we managed to both piss off our cafeteria workers and a member of the student government.

We said that the food is disgusting and that they need to improve quality. They are threatening a libel suit because we damaged their reputation (everyone hates them but we can't eat anywhere else) They are also million dollar donors to the school and cater personal parties for administrators at no cost

The girl in the SGA claims that we sexually harassed her then went to the Dean of Students and filed a complaint. The Dean lied to me about some stuff and pressured me into signing something saying that I take responsibility for a distasteful joke(I'm fully aware of how stupid this is, please don't remind me).
I (with some help from another college's paper) found out that she just filed the complaint and that was it. She doesn't want anything else to happen other than a personal apology

After talking to lawyers I found out that I can't really be sued for anything but the Dean of Students is insisting otherwise. The school itself is bringing me before a judicial committee to discuss whether or not I can be expelled/removed from office/suspended for sexual harassment. My own advisor, who has said I'm one of the best editors my school's ever had is saying he'll testify against me and asked the staff to throw me out of office (they voted unanimously to keep me)

I'm one of the only editors in history (about 100 years) that has actually taken a "bad news is okay" stance (I was told last semester that I should be less negative about the school because it makes them look bad)

How should I fight this?
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Rabrrrrrr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:00 PM
Response to Original message
1. Whew!
Not a thimble's worth of advice to give you - but you have my support and hopes for you! Whatever happens, I respect you!

And best of luck.

Sounds like you're being railroaded.

But, that's Asswipe AWOL's America for ya - giving authrotiy carte blacnhe to do whatever they want to do, especially in the name of propping that illegal little squatter fuck in the casa blanca.
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Ironpost Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:01 PM
Response to Original message
2. Not wanting to be an asshole
This is * policies
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:02 PM
Response to Original message
3. If sounds like a SLAPP suit (the cafeteria threatening to sue)
http://www.nolo.com/definition.cfm/term/1264241E-6BCC-41DE-88FB065B11543680

A Strategic Lawsuit Against Public Participation, in which a corporation or developer sues an organization in an attempt to scare it into dropping protests against a corporate initiative. SLAPP suits typically involve the environment--for example, local residents who are petitioning to change zoning laws to prevent a real estate development might be sued in a SLAPP suit for interference with the developer's business interests. Many states have "anti-SLAPP suit" statutes that protect citizens' rights to free speech and to petition the government.

This type of lawsuit is often done to intimidate people.


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Fridays Child Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:03 PM
Response to Original message
4. You are a folk hero! A doer of good deeds, righter of wrongs...
...exposer of the mindless evil that defines corporations. Capitalize on this. Go to the local news media. Get your friends to speak out. Try this in the court of public opinion. Make the Dean and those siding with him look petty and fascist.
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absolutezero Donating Member (879 posts) Send PM | Profile | Ignore Tue Feb-15-05 10:09 PM
Response to Reply #4
5. If it was just the food
That wouldn't be a problem. They tried similar crap with me last semester and I fought it off. But now if I go public they can get this girl to cry on TV and I look like an evil pervert.

By the way, there was no intention of sexually harassing this girl, the butt of the joke was supposed to be someone else but she took offense
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hickman1937 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:16 PM
Response to Reply #5
6. Could you explain more about the joke?
You may have screwed the pooch with that one.
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absolutezero Donating Member (879 posts) Send PM | Profile | Ignore Tue Feb-15-05 10:23 PM
Response to Reply #6
8. we run a random answer column
a few students are photogarphed and their answer to a question is written down. Two friends were in it and one insisted (and has since denied) that we run a joke for him. Basically the question was "what are you doing on valentines" she said "dinner with the boyfriend" and he said "her" with an arrow

yes, I'm aware, tasteless joke shouldn't have printed it but according to the student press law center the joke isn't harassment or libel since we never changed her quote nor did we say she was accepting the offer
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hickman1937 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:01 PM
Response to Reply #8
12. Get a lawyer, and have the denier deposed.
No offence, but you showed poor judgement when you allowed something that ambiguous in your paper. That said, any good attorney should be able to explain to the powers that be that you are in college to learn, and you have. Then he should address the other issue, which imho, is the true meat of the matter.
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Fridays Child Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:11 PM
Response to Reply #8
13. Have you explained it to her and apologized for it?
She was objectified by the joke. It didn't meet the standard of sexual harassment but it was chauvanistic. As a woman who has been similarly disrespected, in what is, unfortunately, a culturally accepted way, I don't blame her for being offended--even if her response was naively inappropriate. You seem smart enough to learn the lesson and sincere enough to talk to her and apologize.

Then you've neutralized that issue and you can take this coercion of you by the administration to the public.

PS If that first part sounded like a lecture, it wasn't my intention. Just the fact that you post here at DU indicates that I'm preaching to the choir, to a great degree. :)
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:23 PM
Response to Reply #13
17. Sounds like sexual harrassment to me.
If someone did this to one of my students, I'd be all for her going to the Dean of Students about it.

This was purely WRONG.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:22 PM
Response to Reply #8
16. I would have been pissed as hell if I were her, too.
That was a sloppy thing to do. Very sloppy. You're problem might indeed have more to do with this than with being critical of the cafeteria.

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absolutezero Donating Member (879 posts) Send PM | Profile | Ignore Tue Feb-15-05 11:54 PM
Response to Reply #16
20. she has every right to be annoyed
and if she wants she can write a letter that I'll print calling me an ignorant chauvanistic asshole (right next to the ones calling me a communist). I've already sent her an apology admitting my horrible judgement. But nothing was illegal and mutiple lawyers have told me this

She's also changed her story several times and the dean is lying to me
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:23 PM
Response to Reply #8
18. You haven't done anything libelous
Nor have you sexually harrassed any person under Federal law.

Stand your ground.
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:33 PM
Response to Reply #18
19. In addition . . .
. . . the college is flirting with a Civil Rights lawsuit from you. You could get rich off this deal.
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welshTerrier2 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:18 PM
Response to Original message
7. random thoughts
Edited on Tue Feb-15-05 10:20 PM by welshTerrier2
first, i'll assume you want to remain in this school ...

second, if i were in your situation, i might consider engaging a lawyer to represent my interests ... if you think you could meet with the powers that be and successfully change the tone of your interactions with them, you could try to setup a meeting ...

i suppose the goal would be for you to state that you understand your reporting has put the school in a position it is not comfortable with ... this doesn't mean you think you did anything wrong but you're showing an understanding for the way THEY SEE the situation ... if they don't think you "get it", they will surely be out to get rid of you ... this may have gone too far for too long for you to be able to successfully change the tone ...

if so, get a lawyer ... the fact that you stated you were "pressured" to sign something might work in your favor ... you signed something under duress and it might not be legally binding ... furthermore, a lawyer might be able to have a discussion that is less emotionally charged than you would be able to have ... and if all else fails, a lawyer could threaten the school with a lawsuit ... that's not something they'll likely be eager to engage in ...

from your side, if your goal is to remain in this school, i think you're going to have to tone down the hostilities ... if you can't or won't do this, either get a lawyer or start looking at other schools ... sticking your neck out as a reporter (or an editor) is both commendable and courageous ... many are too fearful to speak truth to power ... but only you can know what risks you're willing to take and what price you're willing to pay for free expression ...
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absolutezero Donating Member (879 posts) Send PM | Profile | Ignore Tue Feb-15-05 10:24 PM
Response to Reply #7
9. only two semesters left
otherwised I'd transfer to the other local college
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:29 PM
Response to Original message
10. Contact the ACLU-NJ & New Jersey Legal Services
Edited on Tue Feb-15-05 10:31 PM by philosophie_en_rose
New Jersey Legal Assistance (input your county) http://www.lsnj.org/directory.htm

The New Jersey ACLU - How to file a complaint page.
http://www.aclu-nj.org/legal/fileacomplaint/

The New Jersey ACLU - Online Complaint Form.
https://www.aclu-nj.org/legal/fileacomplaint/onlinecomplaint.htm

To help you, the ACLU needs these facts:
Describe in your own words what happened to you, including dates, places, and the names of the people directly involved.

    How were your rights violated?
    What explanation, if any, was given for what happened?
    Why do you think this happened to you?
    What steps have you taken to solve the problem (filed an appeal or complaint with the parties involved or with any public agency or official, or any other organization)?
    To whom did you complain and where does the matter currently stand?
    What documentation do you have on the matter?

Please note that if you have an attorney assisting you with this matter, and she or he believes there is a significant civil liberties issue involved, you must have your attorney contact us directly.



On Edit: Seek legal advice. However, do not back down nor trust the school.
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JohnLocke Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 10:39 PM
Response to Original message
11. No chance of a libel judgment aganist you.
Edited on Tue Feb-15-05 10:44 PM by JohnLocke
Article 1, Section 6 of the New Jersey state constitution:
"Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact."

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bearfan454 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:15 PM
Response to Original message
14. Fight them tooth and nail every step of the way
Make them spend money. You are right. They are wrong. Even if you do end up losing, it will cost them more money to get their way. Never give up, ever.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-05 11:19 PM
Response to Original message
15. Hold on. What kind of "distasteful joke" are we talking about?
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-16-05 12:00 AM
Response to Original message
21. Invite the press - every newspaper and TV and radio outlet you can.
Talk about "journalistic freedom" and "freedom of speech."
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Radical Activist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-16-05 12:36 AM
Response to Original message
22. Get a lawyer
Edited on Wed Feb-16-05 12:36 AM by Radical Activist
Some threatening letters and filing a lawsuit may do the trick. In the mean time, you might want to think about other schools you might want to apply to for next year. If they don't throw you out now, they may find some other pretext for throwing you out. Don't smoke pot in your room anytime in the near future, for example.
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