[392] in Discussion of MIT-community interests
To any interested party...
daemon@ATHENA.MIT.EDU (Alex M. Hochberger)
Tue May 1 03:43:26 2001
Message-ID: <1F3774AB3688D4118B1300508BD964151D01EA@CHINA>
From: "Alex M. Hochberger" <alex@feratech.com>
To: "'ifc-talk@mit.edu'" <ifc-talk@mit.edu>,
"'mit-talk@mit.edu'"
<mit-talk@mit.edu>
Cc: "'bacow@mit.edu'" <bacow@mit.edu>, "'cmvest@mit.edu'" <cmvest@mit.edu>,
"'rpp@mit.edu'" <rpp@mit.edu>, "'tfisher@mit.edu'" <tfisher@mit.edu>
Date: Tue, 1 May 2001 03:40:29 -0400
MIME-Version: 1.0
Content-Type: multipart/mixed;
boundary="----_=_NextPart_000_01C0D211.FE7CE990"
This message is in MIME format. Since your mail reader does not understand
this format, some or all of this message may not be legible.
------_=_NextPart_000_01C0D211.FE7CE990
Content-Type: text/plain;
charset="iso-8859-1"
This would be primarily ATO members, but those at the event in question may
have a claim. I would hope that someone will have the willingness to bring
this matter to court. I believe that the IFC's ruling (a part of MIT)
violates HR 6 of 1998 (signed into law).
From the summary by the Association of American Universities:
Section 112 includes a new Sense of Congress stating that students should
not be excluded, on the basis of protected speech and association, from
participation in, be denied the benefits of, or be subjected to
discrimination or official sanction under any education program, activity,
or division directly or indirectly receiving financial assistance under the
Higher Education Act.
Full text of their summary is here: http://www.aau.edu/HR6Summary.html
Portions quoted from the bill are included below.
I believe that the speach (racial slurs, etc.) falls under the protections
of the First Amendment. Short of directly inciting violence, this has been
deemed protected speach.
Without a doubt, the sanctions imposed by the IFC certainly contain all of
the following: probation, censure, condemnation, and a reprimand. It would
appear as though ATO self-punished, although given my previous dealings with
IFC, including on JudComm's review board, this is a farce, and is normally
coerced (also prohibited) because the house is threatened. Regardless, the
fowarding to the CLC would certainly fall under adverse action.
Your legal rights under HR 6 have been violated.
I would suggest contacting the Massachusetts Chapter of the ACLU to see if
they will represent you. My quick search of the Web based indexes has not
indicating any rulings on HR 6, so their may be a desire to get one. Their
web page is located here: http://www.aclu-mass.org
I have the complete faith that you won't take action. But if someone
doesn't stand up for MIT student rights, they'll all be gone. Section 112a
was pushed through with much effort to protect student rights (props to
Deke, whose national organization seems to be the most influential, and even
got it passed when a non-Deke occupied the White House). If we don't use
them, then more trampling on MIT Rights will occur.
I'm think that MIT needs to take some actions to SUPPORT its students, and
not just see us as a source of donations. I know that MIT takes $24,000
from me each year, and I'd like to think that as one of its paying
customers, my needs come SOMEWHERE on its list of priorities.
Please read the relevant sections below, and tell me if you still think that
MIT Students have no rights because MIT is nominally private. Bob Jones
University can do what they want, they don't take your tax dollars (nor even
tax-exemption). MIT throws around US money left and right, time to treat us
like citizens.
Alex Hochberger
From the bill (full text here:
http://thomas.loc.gov/cgi-bin/query/D?c105:1:./temp/~c105F3iFeK:e33299:)
Section 112a:
`(a) PROTECTION OF RIGHTS- It is the sense of Congress that no
student attending an institution of higher education on a full- or part-time
basis should, on the basis of participation in protected speech or protected
association, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination or official sanction under any education
program, activity, or division of the institution directly or indirectly
receiving financial assistance under this Act, whether or not such program,
activity, or division is sponsored or officially sanctioned by the
institution.
Section 112b: includes exemptions from this, I don't believe that they
apply, feel free to read
Section 112c:
`(c) DEFINITIONS- For the purposes of this section:
`(1) OFFICIAL SANCTION- The term `official
sanction'--
`(A) means expulsion, suspension, probation,
censure, condemnation, reprimand, or any other disciplinary, coercive, or
adverse action taken by an institution of higher education or administrative
unit of the institution; and
`(B) includes an oral or written warning
made by an official of an institution of higher education acting in the
official capacity of the official.
`(2) PROTECTED ASSOCIATION- The term `protected
association' means the joining, assembling, and residing with others that is
protected under the first and 14th amendments to the Constitution, or would
be protected if the institution of higher education involved were subject to
those amendments.
`(3) PROTECTED SPEECH- The term `protected speech'
means speech that is protected under the first and 14th amendments to the
Constitution, or would be protected if the institution of higher education
involved were subject to those amendments.
------------------------------------------
Alex M. Hochberger, CEO, Chairman
Feratech, Inc.
123 Newbury Street, Third Floor
Phone: 617-517-9343
Cel: 617-821-6015
Email: alex@feratech.com
Web: http://www.feratech.com
<<Alex M. Hochberger.vcf>>
------_=_NextPart_000_01C0D211.FE7CE990
Content-Type: application/octet-stream;
name="Alex M. Hochberger.vcf"
Content-Disposition: attachment;
filename="Alex M. Hochberger.vcf"
BEGIN:VCARD
VERSION:2.1
N:Hochberger;Alex
FN:Alex M. Hochberger
ORG:Feratech, Inc.
TITLE:CEO, Chairman
TEL;WORK;VOICE:617-517-9343
TEL;CELL;VOICE:617-821-6015
ADR;WORK;ENCODING=QUOTED-PRINTABLE:;;123 Newbury Street=0D=0AThird Floor;Boston;MA;02116;USA
LABEL;WORK;ENCODING=QUOTED-PRINTABLE:123 Newbury Street=0D=0AThird Floor=0D=0ABoston, MA 02116=0D=0AUSA
EMAIL;PREF;INTERNET:alex@feratech.com
REV:20010410T154334Z
END:VCARD
------_=_NextPart_000_01C0D211.FE7CE990--
