Advertisement

News, Views and Careers for All of Higher Education

Criticism and an Offer of Help

Western Oregon University officials, who snooped through the files of a student newspaper in a night-time investigation, could use some training on the First Amendment, according to a journalism advocacy group.

In a letter sent to university officials late last week, the College Media Advisers Board of Directors condemned the university’s response to a student newspaper article published in September. The story revealed that sensitive information about student applicants, including their Social Security numbers and grade point averages, had been left unprotected from public view.

In response to the article, university officials rifled through the newsroom in search of a copy of the computer file containing the sensitive student information. The paper’s adviser also lost her job amid the furor, and a student was disciplined for copying the file and violating university policies designed to protect private information.

The board, which represents student newspaper advisers, denounced the university’s “lack of understanding of basic journalism principles and ethics.” But in detailing its dissatisfaction with the university’s actions, the board also offered help.

“[The board] issues this strong statement of concern for the health of student media at Western Oregon University, and it offers to work with [university] leadership to help create a healthy environment for [the university’s] student media program,” the letter states.

The university has not responded to the letter.

John Minahan, president of Western Oregon, was traveling in Germany Tuesday and could not be reached for comment, according to a spokeswoman.

Ken Rosenauer, president of the College Media Advisers board, said the organization would like to help the university with a number of issues, including possible revisions of the newspaper’s bylaws. Rosenauer said the adviser’s role ought to be more clearly defined, adding that he was particularly concerned about any policy that would require the adviser to have prior review of news stories.

The board’s offer of advice may well fall on deaf ears, because university officials haven’t admitted there was much of a problem. An ad hoc committee, which included the participation of a local newspaper editor, found there had been no violations of students’ free speech rights.

While the committee agreed the university’s response had at times been “heavy-handed,” some if its harshest criticism was aimed at Gerry Blakney, the newspaper’s student editor who publicly complained that free speech had been quashed.

“This committee believes that the accusations of First Amendment violations were made recklessly,” the report says. “When the facts are viewed objectively, there is not even minimal evidence to support those accusations.”

But Rosenauer, whose group conducted its own investigation, said the university’s actions had surely undermined free expression.

“When they end up dismissing the adviser and nearly crucifying the editor, if that’s not a chilling [effect on speech], I don’t know what is,” he said.

The board’s statement of concern is one of four such letters it has issued to colleges and universities since its adviser advocacy program was begun in 1998, the Student Press Law Center reported. The board has also censured six programs.

Susan Wickstrom, the newspaper’s former adviser, said Tuesday that she hoped the university would accept the board’s offer of assistance.

“I don’t know what this letter is going to do,” she said. “I wish them all the best. Just as a journalist and an Oregonian, I really do hope they figure things out there and allow the students to have a free press.”

Wickstrom, whose contract with the university was not renewed after her seventh year as an adviser, drew criticism from some for her handling of the controversy. She admittedly held onto a disk that contained private student information, and she says she was not cooperative with officials after she learned they had searched the newsroom.

Curtis Yehnert, who took over as interim adviser of the paper after Wickstrom, is unrestrained in criticism of his predecessor. He says she harbored private student information and “lied about it.”

“Her firing was entirely justified,” said Yehnert, an English professor. “She was a terrible media adviser all the way around.”

Wickstrom says she was defending her students. “I will say that I was protecting the students’ rights to gather information,” she said. “Once I heard that they had broken into the newsroom, I will admit I clammed up.”

“I’m telling you that having the newsroom searched in the middle of the night freaked me out,” she added. “It was horrifying to me.”

The university is searching for a new adviser to take over in the fall.

While the university has given no response to the board’s letter, Yehnert dismissed the notion that Western Oregon officials need any further education on free speech rights. He went further, condemning the student reporters for their actions and defending the administration’s response.

“They should never have copied [the sensitive file] in the first place,” he said. “They didn’t need to copy it to do a story.

“Everybody who reports on this reports like this is the big, bad administration.”

Jack Stripling

Got something to say?


Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.

Advertisement

Comments

Help Is Needed at Western Oregon

Curtis Yehnert is an embarrassment as an advisor. It is perfectly appropriate for reporters to download publicly available information as proof of a flaw in the university’s security system. The university policy applies to those who are supposed to defend the data, not to whistleblowers like the press who need to have proof that the data was vulnerable. The newspaper and its advisor did absolutely nothing wrong.

I have a chapter in my new book, Patriotic Correctness, about attacks on freedom of the student press, and Western Oregon U. would rank among the worst cases: the advisor fired, the newspaper searched, and the hubris of the administration to claim they did nothing wrong.

I’m particularly amused at the idea that an employee of the local newspaper, which is the main competitor of the student newspaper, would be appointed to a committee designed to approve constraints on the investigative reporting of the student press. That’s an obvious conflict of interest, and one that (along with a midnight raid without a warrant on the newspaper’s office) should raise red flags about the administration’s knowledge of journalism and freedom of the press.

John K. Wilson, collegefreedom.org, at 7:55 am EDT on June 18, 2008

I don’t think my privious post went through so I’ll try again.

Does one have to earn a degree in business to become a businessperson, in law to become a legistlator or art to become an artist? In this age of information, who is a “jounalist” to be able to receive special access to priveleged information?

Deniae, at 9:55 am EDT on June 18, 2008

What violation?

There was no violation of the first amendment here, despite the protestations of the liberals.

First, the paper is owned by the Oregon State Board of Higher Education, not the students. The publisher is the one that has the right to determine the course that its newspaper will take, and like any other publisher, may take action to protect itself from the inappropriate actions of its editorial staff.

Second, there is no requirement for a property owner to obtain a search warrant to look for their own property, on their own property.

Third, dependant on the statutes of Oregon, the removal of the confidential files may have been a criminal offense, and at the least was a violation of University policy. The school was within its rights to attempt to secure the confidential information of its students, and would be remiss if it did not do so.

Fourth, the advisor admitted that she lied to her employer and concealed the confidential computer files. Any employer is within their rights to terminate (or in this case, decline to renew a contract) an employee that deceived the employer.

Fifth, Mr. Wilson should know all of this, having decried the Seventh Circuit’s decision in Hosty v Carter, 412 F.3d 731 (7th Cir. 2005) (en banc), cert. denied. There are no new issues presented here — the University clearly is the publisher and has the right to take the actions that it did.

Greg, at 10:30 am EDT on June 18, 2008

response to Deniae

What appears to be at issue here is the very fact that student journalists could access privileged information, pointing up a HUGE flaw in the university’s ability to protect that information. This is a legitimate news story for the paper. The university’s reaction was way over the top — the equivalent of using a sledgehammer to swat a fly. Consequently, the adviser’s reaction was overblown as well.

University administrators were horribly inept in dealing with this. What appears to have become lost in this story is the fact that privileged, confidential information was left unprotected. Has the university EVER addressed this fact and actually fixed the problem?

Yet another case of kill-the-messenger syndrome. SAD.

Jalisco, at 10:40 am EDT on June 18, 2008

Western Oregon

I hope Wickstrom, the former adviser, is having an attorney look over her situation and comments from university officials.

Mike McIlvain, at 12:20 pm EDT on June 18, 2008

I’ll reserve comment on your points one through four for the moment, Greg, but I wouldn’t lean to heavily on Hosty. As I’m sure you know, Oregon is in the 9th Circuit — a long way, in every sense of the phrase, from the 7th. And the SCOTUS denial of cert is in no way an affirmation of the lower court’s decision. The Supremes just didn’t think the case merited their review. So Hosty is only good law there in the upper midwest.

Comm Prof, at 3:15 pm EDT on June 18, 2008

Reply to Comm Prof

As you correctly noted, Hosty is a 7th Circuit decision and is not law in the 9th Circuit. My point was that Mr. Wilson was familiar with various cases that have consistantly held that what WOU did was not a violation.

Since you made that correct point on the validity of case law, I would bring your attention to the following cases:

Desyllas v Bernstine, 351 F.3d 934 (9th Cir. 2003), no pet., held that another Oregon university was within its rights when it locked up a student newspaper office in an effort to retrieve stolen confidential student records, and that there were no First or Fourth Amendment violations.

Desyllas is good law in the 9th Circuit and the facts are directly on point as to the WOU case, with the exception of the search. Even then, the court noted that the Oregon Dept. of Justice had advised the university officials that they were legally entitled to search the student newspaper office, either with or without a search warrant.

In any event, I’ll repeat (and answer) my earlier question — what violation? Simple — there was none...

Greg, at 10:15 am EDT on June 19, 2008

Sheesh

If Yehnert’s remarks are indicative of WOU’s professionalism, it sounds like an awful place to work anyway.

Kordy, at 7:00 pm EDT on June 19, 2008

Yehnert’s comments sum up the situation there perfectly — unprofessional, strong-arm, idiocy. Though I’d bet that some people are quite proud of themselves for having thrown the last stone.

It is unfortunate that students weren’t quoted in this story.

Gerry Blakney, at 4:55 am EDT on August 28, 2008

Advertisement

 Jobs Related to Criticism and an Offer of Help

or search for jobs directly.

Investment Associate
University of Pennsylvania

The nation’s first university, Penn is a world-renowned leader in education, research, and innovation. Situated on a ... see job

Information Technology Professional (UL252)
University of Minnesota, Twin Cities

The University of Minnesota is a premier employer and a talent magnet attracting leading faculty and staff from around the ... see job

It Sr Project Leader
University of Pennsylvania

The nation’s first university, Penn is a world-renowned leader in education, research, and innovation. Situated on a ... see job

Major Gift Officer
University of Minnesota, Twin Cities

The University of Minnesota is a premier employer and a talent magnet attracting leading faculty and staff from around the ... see job

Project Associate
Temple University

Project Associate THIS IS A PART-TIME, TEMPORARY — GRANT FUNDED POSITION. The Project Associate will work on HEALTHY ... see job

Assistant Registrar, Law School
Hofstra University

Hofstra University School of Law invites applications for the position of Assistant Registrar. Reporting to the Registrar, ... see job

Administrative Program Manager, East Asia Program — REPOST
Cornell University

Cornell University, located in Ithaca, New York, is an inclusive, dynamic, and innovative Ivy League university and New ... see job

Executive Director
Princeton University

Position Summary: Search Re-opened July 2008 Princeton University seeks a health professional of vision and ... see job

Vice President for Institutional Advancement
Blackburn College

Blackburn College Announces Search for Vice President for Institutional Advancement Blackburn College, located in ... see job

Child Development Associate
Hillsborough Community College

Hillsborough Community College is a public, comprehensive multi-campus, state-supported community college located in the ... see job