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- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!destroyer!sol.ctr.columbia.edu!eff!eff-gate!usenet
- From: sbrack@jupiter.cse.UTOLEDO.edu (Steven S. Brack)
- Subject: (none)
- Message-ID: <9211081708.AA22877@jupiter.cse.utoledo.edu>
- Originator: daemon@eff.org
- Sender: sbrack@jupiter.cse.UTOLEDO.edu
- Nntp-Posting-Host: eff.org
- Organization: EFF mail-news gateway
- Date: Sun, 8 Nov 1992 07:08:40 GMT
- Approved: usenet@eff.org
- Lines: 91
-
- To: caf-talk@eff.org, lighthouse!wiley@uunet.UU.NET (Wiley Hodges)
- Subject: Re: Steven S. Brack case
- Cc: ak541@cleveland.freenet.edu,bmiller@magnus.acs.ohio-state.edu,rdixon@magnus.acs.ohio-state.edu,mleugers@magnus.acs.ohio-state.edu
- Newsgroups: alt.comp.acad-freedom.talk
-
- In article <9211050132.AA12499@lighthouse.lighthouse.com> lighthouse!wiley@uunet.UU.NET (Wiley Hodges) writes:
- :
- : I'm afraid I've come onto the tail end of this discussion, but I am
- : left with a couple of outstanding questions. When I retrieved the
- : files related to Mr. Brack's case from the archive server, I was
- : surprised to see that there was no formal decision from the
- : disciplinary board outlining findings of fact and rationale for the
- : decision amongst those papers.
- :
- There was never a formal decision issued by the panel, only a
- finding that I violated said provisions of OSU's rules.
- It's kind of like fighting Jello. There's nothing there, so
- I can't really argue to refute it. Every blow I strike just
- sucks me deeper in.
- :
- : Was such an opinion issued? Are the documents on the server the only
- : documents which were ever sent to Mr. Brack?
-
- I currently have a sheaf of papers over an inch thick relating to my
- case. What is on the archive server is what I typed in of the
- documents. If someone wants to OCR the documents, I'm willing to
- provide copies. I don't have the equipment here. The basic rationale
- of the committee's decision seems to have been that Academic COmputing
- Services (ACS) was correct, without question, in its findings about
- my case. Translating this to he courtroom metaphor, this is the
- equivalent of the judge deciding that the prosecution's evidence is
- beyond reproach before opening the case. I was not allowed to
- call witnesses from ACS, nor to compel any witnesses to testify, no
- matter what their relation to the case. (Prof. John Bridge, who
- brought the complaint about my posting the word 'fuck' to a
- newsgroup, for example.) I was not allowed to put questions to the
- witnesses, but rather could only suggest questions to the panel.
- I was not allowed to introduce documentary evidence that would have
- shown that ACS gave me permission to do everything I did. Matters of
- ACS procedures, including the lack of published rules, were likewise
- off limits. Despite this, the hearing lasted over 5 hours, one of
- the longest they could remember, with my closing argument taking
- over 30 minutes, including interruptions by the chair, when he thought
- I was saying things that weren't "at issue."
- :
- : I ask these questions because I am surprised by what I *didn't* see
- : in the correspondence. While those documents very clearly outlined
- : the provisions of OSU policy which were allegedly violated, they
- : failed to provide much in the way of evidence or record of testimony
- : to connect specific actions with those alleged violations.
-
- The charge to the panel was strictly limited to their finding what
- rules were violated; they never even attempted to challenge any
- of the facts ACS presented them.
- :
- : I worked for over three years in the Judicial Programs office at the
- : University of Maryland at College Park, and I would be very surprised
- : to see a dismissal backed with such slim documentation, and no real
- : explicit rationale. My reaction to the OSU disciplinary panel's
- : decision (based on what I have seen) is that it fails to provide any
- : account of the mental journey which delivered the board to it's
- : conclusions.
- :
- There was a tape-recorded transcript made of the proceedings, but,
- upon my asking, I was old that the actual deliberations of the panel,
- when I was held outside the room, were secret, so I guess we'll never
- know how the panel arrived at its decision.
- :
- : I apologize if all of this is redundant, but I am anxious to learn
- : more about what seems to be a very strange case...
-
- I'd like to bring suit against Ohio State, but I don't have that kind
- of money. I'd like o find out how OSU reached the decision it did,
- after the Office of Academic Affairs told ACS that is could find
- no violations of academic policy. I'd also like to know whether most
- Universities have a rule against violating "other university rules &
- policies," and, if so, if they also apply that rule to cover policies
- that have never been made available to the person charged. It's
- quite difficult, IMO, to avoid violating rules I can only find out
- about by violating. I'd like to know how due process can be maintained
- without the ability to challenge prosecutorial evidence, without the
- power to compel witnesses to appear, or to compel the production of
- documents, or for that matter to directly question the witnesses that
- did choose to come forward? Where is the due process? Where is the
- Justice?
-
- --
- Steven S. Brack |"But the greatest of| sbrack@jupiter.cse.utoledo.edu
- 2021 Roanwood Drive | these is love." | STU0061@uoft01.BITNET
- Toledo, OH 43613-1605 \____________________/ brack@uoftcse.cse.utoledo.edu
- +1 419 GR4 1010 | MY OWN OPINIONS | sbrack@maine.cse.utoledo.edu
-