By Beacon Editorial Board
Privacy on college campuses is a historically contentious issue. Universities face an ongoing dilemma: how to balance the well-being of its students, faculty and staff with the well-being of its public reputation.
When the University's Sexual Misconduct Policy (Student Handbook, page 123), came under fire earlier this semester for its vagueness and lack of an immunity clause for students reporting incidents of sexual assault, The Beacon approached Judicial Coordinator Natalie Shank with a simple question: How many students have been penalized under the policy in the past year? We were just asking for a number.
As it now appears, the Sexual Misconduct Policy states that "members of the (UP) community" who engage in "acts of sexual intimacy outside of marriage" or are "being perceived" to do so "risk losing the privilege of being a part of the University community." Under these parameters, it's possible that a student who is merely accused of being sexually intimate - whatever that entails - could be dismissed from the University.
Shank refused to comply with our request for the number of students penalized under this policy. In a letter dated March 14, 2008, she argues that the information we requested could personally identify a student/students on our campus: "We are a small campus and ... we have a small number of sex offence crimes reported on campus. If I were to share students' disciplinary records ... I would be releasing information that could identify a student - especially if the information was categorically something that is not frequently reported on our campus."
The Beacon, however, did not request disciplinary records of specific students. And we didn't ask for identifiable information such as names, dates, year in school, major, residence hall or any other specifics. We simply wanted a number.
All colleges and universities that receive federal funding are prohibited by law from releasing personally identifiable information. This is an important restriction that protects the physical safety and emotional well being of students. It is disgraceful, however, for Shank to cite privacy as the reason why she cannot provide The Beacon with a simple number.
After Shank's initial refusal, The Beacon contacted Adam Goldstein, an attorney with the Student Press Law Center. Goldstein confirmed that, despite UP's small student population, the release of the information we requested would not lead to the identification of any students who may have been found in violation of the Sexual Misconduct Policy.
When we approached Shank with this information, she presented us with the aforementioned letter. She concluded the letter by saying, "I consider this matter closed and your questions addressed. Thank you."
Shank's lack of compliance ought to be disconcerting to all University of Portland students. Yes, UP is a private institution. But, as people who pay thousands of dollars to attend this school, shouldn't we be entitled to basic information about how the administration is enforcing its policies and reprimanding its students?
UP communication professor Michael Mulcrone, who teaches journalism classes as well as Communication Law, argues that all universities, public and private ought to enable the free flow of discourse. University officials are here to serve the students, Mulcrone said, and should therefore be held accountable for how they fulfill their duties.
"It's the role of the paper to be a watchdog over these positions of authority," he said.
Indeed, the first clause of the Society of Professional Journalists' Code of Ethics is "Seek Truth and Report It." How can The Beacon fulfill this important, indispensable role if the administration continues to refuse to release basic information?
We tried to professionally voice our concerns to the University without making them public. But the administration, as represented by Shank, refused to budge. It is now up to you, the student body, to push for change.
We encourage you to express your concern directly to members of the administration. Call, write letters, send e-mails - whatever it takes to show that the students of the University of Portland refuse to tolerate the administration's lack of transparency.
We also invite all members of the university community - students, faculty, staff and administrators - to respond to this editorial in our last issue (April 17) by submitting a letter to the editor of 250 words or fewer by Wednesday.
Finally, when you return to campus next fall, continue to voice your concern. The most unfortunate outcome of this whole ordeal would be for everyone to forget that it ever happened.
