Do you have speech rights at Santa Clara?

By Mary Georgevich

The recent "south of the border" party has led some students to question their rights at a private university and opened debate to just how far Santa Clara can go to discipline students for off-campus behavior.

At the end of January, an off-campus party where participants dressed in Latino stereotypes offended many students, faculty and staff on campus.

Marina Hsieh, senior fellow and assistant dean in the School of Law, said the key questions in this issue are, "How far can a campus go to regulate general behavior?" and, "Where does the free speech of a student start?"

Since the party happened off campus, what right does the university have to punish students?

She said Santa Clara is considered a private entity. And "there's no free speech argument against a private entity." However, she said there may be a state law protecting the free speech rights of students at private universities.

Many people in the community have responded to the events. The Multicultural Center, Associated Students and other organizations held several events in response, including a silent march of over 250 participants. University President Paul Locatelli, S.J., addressed the party in two e-mails to the community, as well as his State of the University address.

In his first e-mail, Locatelli wrote that administrators were "looking into this incident" to find out if the Student Conduct Code was violated.

His second e-mail made no mention of punishment but did speak of the administration's desire to educate the public on diversity.

Matthew Duncan, associate dean for student life, said the matter is still under investigation and refused to comment on specifics or hypothetical situations.

"It's not appropriate for me to comment on any sort of situation," he said.

The photos were discovered after a student posted them on Facebook. Edward Steinman, a professor in the School of Law, said the culpability of each student could be dependent upon how the pictures were posted on Facebook, a popular social networking Web site.

"If they posed for the pictures, and the person said, 'I'm taking these pictures, and I'm going to send them to The Santa Clara newspaper,' or, 'I'm going to put it on Facebook,' I think that then they become culpable," he said. "If only one person puts it on Facebook, clearly, that person is far more culpable."

Steinman said that California has enacted the Leonard Law, which states that students at private universities are to be given the same free speech rights as students at public universities.

But, "there's an exception to the state law concerning religious schools in regard to what they deem to be matters that are offensive to the religion," he said.

Steinman and Hsieh said they don't believe that the federal funding that Santa Clara receives affects the school's ability to discipline students.

"It's clear that there are some strings that go along with federal funding, but regulation of student behavior and conduct -- I don't know about such a string," Hsieh said.

Jeanne Rosenberger, vice provost for student life, said the university is looking into the matter to see if there were Student Conduct Code violations.

She cited action no. 10 of the Student Conduct Code, which relates to "hazing, harassing, threatening, degrading language or actions, or any practice" that degrades or interferes with students and staff as potential cause for disciplinary action against a student.

The code also states, "The university reserves the right to review student conduct that occurs on and off campus when such behavior is inconsistent with these expectations and the Student Conduct Code."

If any students are punished in regards to the theme party, however, the hearing and any consequences involved would remain confidential due to Family Educational Rights and Privacy Act laws, which protect student privacy.

Hsieh said there is the question of how far off campus the university can extend the Student Conduct Code. She said there is a case right now about a high school student who was suspended for holding up a sign with a message that the school deemed to be pro-drug, at a public event.

Hsieh thinks this case could be relevant to the theme party in determining what the school has the right to do.

According to Steinman, "What we're talking about, basically, is the right of people to be obnoxious."

Contact Mary Georgevich at (408) 554-4546 or mgeorgevich@scu.edu.