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July 16, 2007

Quick Takes: Oversight of For-Profits in Calif., 30 Years for Killers of Vermont Anthropologist, San Diego Deal Probed, Eastern Ore. President Quits, Mixed Ruling on Student Press Case, Surge in Female Enrollment at RPI, Europe Extends Exchange Efforts

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  • California Gov. Arnold Schwarzenegger signed a bill Thursday that would provide for oversight of the state’s career colleges through January 31, The Sacramento Bee reported. The measure, which relies on voluntary compliance, provides some temporary relief after a California law regulating the for-profit sector became inoperable July 1. A more permanent solution being considered by the Legislature faces heavy criticism, and an uncertain future.
  • The men who in 2005 murdered James Petersen, chair of the University of Vermont anthropology department, while he was conducting research in Brazil, have been convicted by a Brazilian court and sentenced to jail terms of 30 years. Petersen, who was widely admired by faculty colleagues and students, was 51 when he was killed.
  • San Diego’s city attorney is investigating a deal in which two developers may have bought property below market value by falsely claiming to be acting on behalf of the San Diego Community College District, and then earned a profit of more than $500,000 by selling the property to the district, The San Diego Union-Tribune reported.
  • Khosrow Fatemi, president of Eastern Oregon University, on Friday announced his resignation, effective July 31. Fatemi has been president at the university for three years, during which it has faced enrollment declines and budget cuts, and his handling of the situation resulted in a vote of no confidence by the faculty.
  • A college president violated the First Amendment when she nullified the results of student government elections because the student newspaper had endorsed a slate of candidates, but student government leaders who postponed the election cannot be sued because they are not “state actors,” the U.S. Court of Appeals for the Second Circuit ruled Friday in a case that has stretched on for a decade. But the court’s complicated ruling does not come close to resolving the lawsuit involving the City University of New York’s College of Staten Island’s spring 1997 elections: The appeals panel directed a lower court to decide whether the college’s president, Marlene Springer, can be held liable in the case or is shielded by state immunity.
  • An article in The Albany Times-Union Sunday detailed the way Rensselaer Polytechnic Institute has increased its female enrollments. In the fall, 31 percent of first year students will be women — which represents a 54 percent increase in the last five years.
  • The European Commission voted last week to extend the Erasmus Mundus Program, currently slated to end next year, through 2013. The program assists European graduate programs in becoming more international in focus, and provides grants to graduate students seeking to enroll at European universities.

— Scott Jaschik and Elizabeth Redden

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Comments

Husain v. Springe

Husain v. Springer is pretty much a victory for the students in terms of the scope of their 1st amendment rights – though some matters remain to be resolved by the jury. The question of financial liability in these matters isn’t as big a deal most of the time because students in the 2d Circuit can use this opinion to seek injunctive relief.

The dissent is embarrassing and anti-intellectual. I thought the issue was close, but Judge Jacobs proudly declares that the underlying issue is stupid (and therefore, I guess, should be resolved against the students), and that he didn’t read the majority’s opinion.

Larry, at 7:30 am EDT on July 16, 2007

Dissent

The dissent is anything but anti-intellectual. I was a startled as anyone by the judge’s statement that he hadn’t read the majority opinion (a great attention-getter if rather uncollegial) but then I read the rest of his dissent. After reading both opinions, I found the case much closer than the headlines would make it seem. I recommend that anyone interested in the issue read both opinions before reaching a conclusion.

Dennis, at 9:05 am EDT on July 16, 2007

joining with Dennis

Dennis, I agree that the issue is close. However, the dissent, by not reading the majority and responding point -by-point (or at least addressing every point), was behaving in an anti-intellectual manner. The upshot of this is, that because the dissent failed to do this, there is less of a reason for the 2d Circuit to grant en banc review, or the Supreme Court to grant cert. (which was unlikely, anyway). But, I join with you in telling people to: 1) read the majority and the dissent; 2) read the District Court’s opinion; and 3) read the briefs of both parties.

Larry, at 9:55 am EDT on July 16, 2007

Time for Supreme Court Review

It’s time for the Supreme Court to review these cases dealing with public colleges and student newspapers (Hosty v. Carter) and student associations. Note the recent 9th Circuit case involving campaign spending limits for student elections. The Ninth Circuit concluded that the student association could limit campaign expenditures to $100 per candidate. It argued found that Buckley did not apply. Also note the split on this issue of whether state universities can require all campus student groups to agree to “non-discrimination” policies.

Arguably, student newspapers and student associations that are supported by state-mandated student fees are the utlimate responsibility of state officials. University presidents are the “custodians” of student monies. Misuse of those funds ultimately falls upon the president.

My suspicion is that this Court is likely to side with Posner in Hosty v. Carter and find that Hazelwood should be applied to student newspapers and associations. The key factor is the “state money.” Justice Kennedy’s opinion in “Soutworth” requires that the colleges ensure mandated student funds are spent on a “neutral” basis without regard to the message being asserted.

This is not to say that Healy and Papish should be overruled. Certainly, a blog (today’s underground newspaper) should be insulated from censorship. But a private blog is distinct from a newspaper that derives benefits from the university (funds, space, utilities, security, insurance, college credit). The same goes for student associations. University presidents can remove a student president whose gpa has fallen under minimum standards or whose conduct (misuse of funds) is unlawful.

rob, Professor, at 11:15 pm EDT on July 16, 2007

quick note to professor Rob

Rob, Hotsy dealt with qualified immunity, it did not reach the substantive issue. Whatever the case, the issue for purposes of determining whether a president’s action falls within the ambit of the 1st is whether it is “state action” (not “state money.”) As you have described there are some nuances as to whether the 1st amendment prevents a school from imposing a non-discrimination policy on students. It is certainly possible to regulate student newspapers (i.e. requiring that they be printed on recycled paper and perhaps limiting the editorial board to students that can convince professors to give them high grades), but the issue (which the court discussed) is whether such regulation is viewpoint-discriminatory.

Larry, at 9:00 am EDT on July 17, 2007

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