CUYAMACA COLLEGE RETRACTS ENFORCEMENT OF BAN ON POLITICAL MESSAGES IN FACULTY OFFICE WINDOWS

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By Miriam Raftery

Obama Sticker in WindowOctober
14, 2008 (El Cajon) -
After English professor Timothy Pagaard posted a small
Barack Obama sticker on the outside of his office window at Cuyamaca College,
he was astounded to receive a warning from the Dean on September 27th ordering
him to remove his message in support of the presidential candidate.

“The next day the district distributed a letter threatening murderous
fines and draconian prison time for anyone violating this policy,” Pagaard
wrote in a blog post titled “Academic Freedom is at Risk.”  He
alleged that the Grossmont Cuyamaca Community College District violated his
academic freedom and First Amendment constitutional rights.  The letter,
signed by Vice Chancellor Ben Lastimado and Associate Vice Chancellor Dana
Quittner,  included links to sections of the California Education Code,
which listed hefty fines and prison sentences as potential punishments for
violators.   Read
the district letter.

The codes in question prohibited use of District funds, services, supplies,
or equipment to support or oppose a candidate or ballot measure.  Pagaard
said the code should not apply because he did not use district supplies (except
a piece of Scotch tape which he replaced with tape from home after the objection
was raised).

“Academic freedom is the essence of a real institution of higher learning,” wrote
Pagaard, who believes the sticker clearly reflected the opinion of the scholar
within the office,  not an institutional endorsement.  “I defy
you to show me any college or university campus between here and Singapore
that doesn't honor this long-held convention--unless we want to include institutions
in places such as Saudi Arabia, Myanmar, and North Korea. Thus I would consider
myself craven not to resist with all my power any effort to suppress my freedom,” he
noted, adding that he would defend the right of others to post opposing views.
Read Pagaard’s full blog statement here: www.cuyamaca.edu/tpagaard/PagaardSite/Welcome/AcademicFreedom.html

In an interview with East County Magazine, Pagaard observed that political
materials are commonly posted in outside windows and on outside bulletin boards
at “every college in the democratic world—including Grossmont College. “Walk
around any campus anywhere, and you'll find such materials in spades--most
far more strident than my little Obama sticker,” he added.
After Pagaard complained to the faculty union and to the ACLU, of which he
is a proud “card carrying member,” the District backed down and
informed him it would not enforce the policy and would take no action against
Pagaard. 

In a letter to Chancellor Olmero Suarez, ACLU staff attorney
Sean Riordan applauded the action and declared the policy to be an unconstitutional
violation of faculty members’ right to personal political expression. 

“Deciding
not to enforce such an unconstitutional policy is a good first step,” Riordan
wrote.  “However, I hope the District takes
this opportunity to officially change the policy in line with the requirements
of the First Amendment.”   

A
similar case earlier this month
resulted in the University of Texas backing
down on threats to punish two students who refused to remove political signs
from their dormitory rooms. 

Miriam Raftery is a national award-winning journalist and a graduate of the Grossmont-Cuyamaca
Community College District.

Comments

Sticker stolen - Pagaard seeks to press charges

ECM received this e-mail from Mr. Pagaard on Nov. 2:

Folks,

The academic freedom saga continues at Cuyamaca College:

Some time after 6pm Thursday, 30 October (the last time I was on campus), someone entered my office by stealth and removed the Obama sticker from inside my window. This is of course a very small thing, a few cents-worth of paper and no damage done to district property. But in that it is a constitutional violation, a violation of centuries-old traditions of academic freedom, and a violation of my privacy, it is of huge consequence.

I wasn't on campus Friday, but Communication Arts Chair Mary Graham tells me that a howling crowd accosted her regarding my little sticker. "They were HOT!" she reports. There is no evidence of any connection between this incident and the vandalism, but suffice it to say that within twenty-four hours the burglary had been committed.
College President Cristina Chiriboga confirms that this group challenged my academic freedom with her Friday.

I have filed a report with Public Safety (case number 080436) and am prepared press criminal charges, as this is indeed a felony. On legal advice, I've requested that the district provide a list of all employees with key access to my office.

My office has been burglarized and vandalized: Material has been removed without notification, without my being present, and unequivocally against my will. After a thorough investigation, college public-safety officer Frank Laveaga photographed both the window and the inside of my office, documenting the details of the crimes. As there are no signs of forced entry, no further damage to my office, this was clearly an inside job.

I've discussed the crimes with Dr Tracie Herd, the dean on duty Saturday evening, and with President Chiriboga, both of whom assure me that the agreement still stands as made by the chancellor, Vice Chancellor Dana Quittner, and Cuyamaca and Grossmont Academic Senate Presidents Mike Wangler and Chris Hill--viz., that regressive board academic-freedom policy is to be renegotiated with the academic senates, and pending resolution will not be enforced. Neither Dr Herd nor Dr Chiriboga know of any administrative intention to violate that agreement.

But that the burglary and vandalism were an inside job troubles me. It must be made vividly clear to all that these crimes constitute a profound violation of academic freedom at my college, of the First Amendment, and of every civilized standard of decency. This is equally true whether they were committed by a benighted district employee, student, or community member.

Click here for the full story: http://www.cuyamaca.edu/tpagaard/PagaardSite/Welcome/AcademicFreedom.html

--
Timothy L Pagaard
English Department, Cuyamaca College

"Those who can make you believe absurdities can make you commit atrocities."
--Voltaire