2008 Woodie Awards
Noose student remains unknown
University not allowed to release name, punishment
By: Alex Piazza
Issue date: 2/20/08 Section: News
The campus community may never find out if, when or how Central Michigan University disciplined a male student who hung four nooses inside a classroom last semester.
Because of the Family Educational Rights and Privacy Act, university officials cannot release student records, which include disciplinary matters. Information about the case - including the student's name - might only be released if Isabella County Prosecutor Larry Burdick decides there is enough evidence to press charges.
If CMU violates FERPA and releases the name of the student who hung the nooses and their punishment, it could lose federal funding.
"There is someone in Washington who would threaten their federal funding if they released their name," said Dawn Hertz, general counsel for the Michigan Press Association. "The university really has to be extremely careful."
FERPA applies to all schools that receive federal funding from the U.S. Department of Education .
Hertz said Burdick is not subject to release any information if there is any possibility it could interfere with fair trial rights.
Burdick said he is still reviewing case files involving the noose incident.
"Nothing more at this time," he said when asked about updates to the case.
discipline works at CMU
Tony Voisin, director of Student Life, said students who are caught violating the Student Code of Conduct are required to meet with a conduct proceedings officer following the incident.
Following the meeting, the officer determines whether there is enough evidence to discipline the student. If there is not enough evidence, the case is dropped.
Voisin said students admit their guilt and accept their punishment about 99 percent of the time, but for those who do not admit their guilt, a hearing will take place.
"To date, we've had about 10 hearings," he said. "Over the course of the year, we may have 700-plus violations, and only 20 are tried."
Less severe cases are handled by a single-person panel made up of a faculty or staff member. More severe cases are handled by a three-person panel, made up of a faculty or staff member and two students. Voisin said the students on the panel are typically members of the Student Government Association and are not paid.
Voisin reiterated that disciplinary matters are kept confidential, no matter the controversy surrounding the case.
"We can't share even the fact that there is a hearing," he said. "The university can't share those results with anybody other than the student involved. It's the business of the student involved and nobody else."
CMU could violate FERPA by withholding the students' name but still releasing their punishment, said Dean of Students Bruce Roscoe.
On Nov. 12, a CMU staff member reported to CMU Police that a student found four hangman nooses dangling from the ceiling inside Room 228 of the Industrial Engineering and Technology Building.
Less than one week later, a male CMU student contacted campus police and admitted to hanging the nooses inside the classroom.
After CMU Police investigated the case, the department forwarded the police report over to Burdick's office for review.
news@cm-life.com
Because of the Family Educational Rights and Privacy Act, university officials cannot release student records, which include disciplinary matters. Information about the case - including the student's name - might only be released if Isabella County Prosecutor Larry Burdick decides there is enough evidence to press charges.
If CMU violates FERPA and releases the name of the student who hung the nooses and their punishment, it could lose federal funding.
"There is someone in Washington who would threaten their federal funding if they released their name," said Dawn Hertz, general counsel for the Michigan Press Association. "The university really has to be extremely careful."
FERPA applies to all schools that receive federal funding from the U.S. Department of Education .
Hertz said Burdick is not subject to release any information if there is any possibility it could interfere with fair trial rights.
Burdick said he is still reviewing case files involving the noose incident.
"Nothing more at this time," he said when asked about updates to the case.
discipline works at CMU
Tony Voisin, director of Student Life, said students who are caught violating the Student Code of Conduct are required to meet with a conduct proceedings officer following the incident.
Following the meeting, the officer determines whether there is enough evidence to discipline the student. If there is not enough evidence, the case is dropped.
Voisin said students admit their guilt and accept their punishment about 99 percent of the time, but for those who do not admit their guilt, a hearing will take place.
"To date, we've had about 10 hearings," he said. "Over the course of the year, we may have 700-plus violations, and only 20 are tried."
Less severe cases are handled by a single-person panel made up of a faculty or staff member. More severe cases are handled by a three-person panel, made up of a faculty or staff member and two students. Voisin said the students on the panel are typically members of the Student Government Association and are not paid.
Voisin reiterated that disciplinary matters are kept confidential, no matter the controversy surrounding the case.
"We can't share even the fact that there is a hearing," he said. "The university can't share those results with anybody other than the student involved. It's the business of the student involved and nobody else."
CMU could violate FERPA by withholding the students' name but still releasing their punishment, said Dean of Students Bruce Roscoe.
On Nov. 12, a CMU staff member reported to CMU Police that a student found four hangman nooses dangling from the ceiling inside Room 228 of the Industrial Engineering and Technology Building.
Less than one week later, a male CMU student contacted campus police and admitted to hanging the nooses inside the classroom.
After CMU Police investigated the case, the department forwarded the police report over to Burdick's office for review.
news@cm-life.com
Viewing Comments 1 - 10 of 30
John Tuttle
posted 2/20/08 @ 6:06 AM EST
Why not mention that this was a Halloween prank? It wasn't a 'noose incident'. I haven't seen pictures of the nooses, nor has CM-Life posted pictures of them, so how do you know they are "hangman's nooses"?
The student involved would be insane to come forward. (Continued…)
larry k
posted 2/21/08 @ 12:20 PM EST
Since the "noose" incident is being widely interpreted as a racial incident, I would like to know the race of the "male" student who confessed to having placed the nooses. (Continued…)
Robert Williams
posted 2/21/08 @ 4:39 PM EST
John: You are still clinging on to the perpetuators claim that it was a "halloween joke". It's interesting to see your consistent blind trust for this claim. (Continued…)
Alexa Lee
posted 2/21/08 @ 10:17 PM EST
I do believe that the administration is doing the right thing by not releasing the name of the student that did hang the nooses. if they were to release the name, especially since he (or she) hasn't been tried for anything, it would cause a large problem and his life would be at stake. (Continued…)
larry k
posted 2/24/08 @ 12:37 PM EST
Robert: A noose may or may not be threatening. If I found a genuine hemp rope noose swinging from an oak tree in my front yard, with a threatening note directed at me personally, yes, I would feel threatened. (Continued…)
Journalist
posted 2/24/08 @ 11:22 PM EST
Will someone FOIA the police, prosecutor and others? You could easily get the name - especially since the FBI would brought in to investigate.
larry k
posted 2/28/08 @ 11:00 AM EST
I doubt that there is a "need for more extensive training on creating an accommodating environment for all". I doubt that there are many students who desire such "training. (Continued…)
Tim Tyler
posted 2/28/08 @ 11:08 PM EST
His gender can be released, why then is his race protected? If one is unimportant, why is the other? To say that a black person planting the nooses would not be a different offense than a white person doing it is completely willful intellectual dishonesty, and belies the fear of those that would pretend otherwise that their own prejudices would be exposed. (Continued…)
SM
posted 2/29/08 @ 6:55 AM EST
Who really cares. Does anyone really think that people were really afraid for their safety after a couple pieces of rubber were found tied up in a knot?
It's a shame that people in this country have lost all common sense over the years. (Continued…)
Eric
posted 2/29/08 @ 1:52 PM EST
The intentions of the student are relevent. If he did not intend anything by these nooses, then there is no issue. I frequently scratch my eye or point out something on a page with my middle finger extended -- I'm not intending to tell anyone to eff off, but am I still "guilty" of it because that is a widely recognized interpretation of an extended middle finger. (Continued…)
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