April 27, 2007

Persona Non Grata — for All to See

They don’t have to wear a scarlet letter, but those banned from the campus of the University of Northern Colorado now face a very public punishment.

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Days after the shootings at Virginia Tech, Northern Colorado took its persona non grata list and put it online with photos whenever they were available. At least one of those on the list is accused of a somewhat famous crime: Mitchell Cozad is the former backup punter charged with attempted murder in the stabbing of his team rival. But others are saying that they were never accused of violence and don’t deserve to be publicly identified in this way.

Officials with both the International Association of Campus Law Enforcement Administrators and Security on Campus said that they did not know of another college that had gone public with such a list.

Having such a list is common, and typically it would be distributed to campus police or those monitoring entrances to buildings or other facilities. The Web site created by Northern Colorado states that people can be banned from campus for a variety of reasons, including violations of the student code of conduct, theft or felonies. The Web site notes that those on the list “aren’t necessarily dangerous” and asks anyone seeing one of the people to notify campus police.

In the week since the Web site went up, newspapers in Colorado have noted that some of the people named may not be as dangerous as say, someone charged with attempted murder. For instance, The Denver Post quoted Brittany Bethel, one of those on the list with a photograph, as saying that she apparently violated the university’s ban on being a danger to herself because she suffered from anorexia and collapsed on campus last year, requiring hospitalization. Corinne Sanchez, also on the list with a photograph, told The Rocky Mountain News she lost a job as a custodian in part because health issues forced her to miss work. Further, she said that she left a message for her supervisor after she was fired saying “when karma comes around, it’s going to kick you in the butt.” Sanchez told the paper she would never hurt anyone.

Following such reports, Kay Norton, Northern Colorado’s president, sent an e-mail message to students and faculty members, noting that she had been receiving many questions. “As a public institution, we can’t approach security by ‘locking down’ our campus; our responsibility is to balance safety and access. To do this, we rely on information, transparency and community. The Web site is one tool for sharing information with people who come to our campus,” Norton wrote. “Let me reiterate that persona non grata orders may be issued for a variety of reasons. People who receive PNG orders aren’t necessarily dangerous; they are unwelcome on our campus because they have violated our code of conduct. I assure you that we do not issue persona non grata orders because of someone’s medical condition.”

A spokesman for the university, asked if newspaper reports suggested that illness did result in some people being placed on the list, said that he could not discuss the specifics of why anyone was on the list. But he reiterated Norton’s statement that no one was placed on the list for medical reasons.

S. Daniel Carter, senior vice president of Security on Campus, said he would generally recommend this approach only for those who were clearly dangerous, not for everyone banned from campus. But he praised the university for coming up with “a new tool” to protect its campus.

“Of course not everyone’s going to be happy to be on the list,” he said. “But a no trespass order is only as good as the people who know it has been given.”

The student newspaper at Northern Colorado, has come out against publicizing those on the list, noting that their specific crimes or alleged crimes are not provided. “Honestly, the chance of every one of these individuals being a genuine threat toward the life and liberty of UNC students is unlikely,” says an editorial in The UNC Mirror. “So what are they on the Web site for? Snatching mugs from Tobey Kendall? Sneaking in hidden post-its during a major exam? Plagiarism? Excessive PDA at 10th Avenue and 20th Street? The deal is that until we are informed as to what these individuals have been restricted for, there is no reason to take these statements and bans seriously. Until we are informed of their actions, their being named as individuals unwelcome to campus is merely hearsay.”

— Scott Jaschik

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Comments

One moment please

Whoaaaa Nelly!!!!! Did someone forget a little thing called the FERPA Act of 1974? Please don’t give me the whole “it doesn’t apply to this case” argument, the entire focus of the law was to prevent the distribution of so called lists and to regulate the release of harmful information about students and their records while in college. Also, something about the release of grades, etc.. I will be very interested to see this one in the court system. I would be hesitant to publish such a list if for not other reason than fear that it might inflame one on the list to do something like what happened on the campus of VT. This will certainly stretch the intent of the Family Rights and Privacy Act of 74, that is for sure.

Martin, at 8:25 am EDT on April 27, 2007

Danger! Danger! Will Robinson!

Lost in space, man. It’s important to keep those dangerous anorexics of the nation’s campuses, I guess.

Joseph Duemer, Professor at Clarkson University, at 8:45 am EDT on April 27, 2007

no FERPA problem

Martin, People on here incessantly talk about the FERPA, but don’t go into details as to what provisions were violated. While what the school did has other problems (and it was probably ill-advised), I don’t see any violations of the FERPA. Did Congress really intend to protect people that were barred from campuses?

Perhaps if you could provide specifics (i.e. what statute (or reg.)) was violated we can evaluate your argument. Thanks and best wishes.

(Finally, for what its worth, most of the people on the list can be Googled, and you can find out what they were arrested and (perhaps) convicted of. Drug crimes seem rather common.)

LArry, at 8:45 am EDT on April 27, 2007

Putting a list on the web sure is easier and cheaper than providing students under your care with appropriate treatment for anorexia or other mental health conditions, isn’t it. Shame.

Mike, at 8:50 am EDT on April 27, 2007

Hit Lists

How would the website creators know if those listed suffered from mental illness? It’s not like they have medical records to refer to, and it’s not like they have permission to access them! What if readers decide to take action, violent or otherwise, against those listed instead of the other way around, which was the assumption? This could start a witch hunt.

kgotthardt, at 9:20 am EDT on April 27, 2007

The List Must be Under Password

Those on the list have a right to privacy that is violated by access to the list for all to see.

This is permanent damage to those on the list for little value to the school.

Often the goal is to show some action.

Mental health exams for all students would be a better solution. The word is an ounce of prevention is worth. . .

And, what happened to the prior case is closed — debt paid — freedom allowed?

This should anger educated people.

William Sumner Scott, J.D.

Judicial Equality Foundation, Inc.

wss@jefound.org

William Sumner Scott, J.D., at 9:25 am EDT on April 27, 2007

Larry

In general, ferpa restricts dessemination about students to “directory information". Directory information is usually construed as minimally name and major. For instance, Financial Aid awards for a particular student may not be disclosed to the general public, or even a students parents. I am sure that you will agree that this violation goes a little further then whether they have a Pell grant or not.

As far as what congress intended, it is not always readily apparent from the promulgated law. I am pretty sure though that due process, double jeopardy and perhaps one or two other concepts apply here.

Shame on this school, and I hope that they are prosecuted for it. Instantaneous knee jerk reactions are generally not sound.

Bob, at 9:30 am EDT on April 27, 2007

response to Bob

Bob, Most of us have to actually deal with this act, so saying what it protects “in general” is of little help. It is a very specific act with specific definitions (see e.g. 20 U.S.C. � 1232g(a)(5)(A), that have been expounded on by regulations promulgated by the Department of Education (see e.g..34 CFR sec. 99.3).

Whatever the case, the school is misguided for a number of reasons, and I found myself actually feeling sympathy for a number of people on the list. This is a rarity for me.

Moreover, because many of the people on the list simply are NOT a threat to others, and the school intends to expand the list, it mean that the list will be taken less seriously in the future. So, not only are people being stigmatized, but there would be no increase in public safety. Thank you for your views and best wishes.

Larry, at 11:10 am EDT on April 27, 2007

Please go read the FERPA regulations and take a look at the site in question. There is no evidence or indication that the individuals listed are students. Further, FERPA specifically excludes databases and records compiled by Campus Law Enforcement for the purposes of law enforcement, when not developed from student education records.

Chmee, at 11:10 am EDT on April 27, 2007

Trespass warnings and FERPA?

Martin, Bob, and WSS,JD:

Where in FERPA does it say that a “no tresspass” order is part of a student’s protected educational records? I think that the police are allowed to put up “wanted” posters (for people who are still innocent of the crime they are wanted for) and are legally allowed to disseminate the names of people who can be arrested on sight if they trespass on the campus. Perhaps WSS,JD could explain why the police cannot do this.

Martin:

FERPA has nothing to do with “so called lists". It is a very specific set of regulations governing a specific set of documents and the procedures for safeguarding that information.

Martin and Bob:

Where did anyone associated with the UNC disclose anything from a student’s records or disciplinary file? Every statement in that article came from the person on the list. The uni consistently said “no comment".

And I did not see a single allegation that there was not a “due process” prior to the order being issued, or that a process does not exist for getting removed from that list.

CCPhysicist, at 11:15 am EDT on April 27, 2007

No FERPA Violation (Larry is right)

Sorry, Bob, but at least those with criminal violations in their records are not protected by FERPA. In 2002, Congress ruled that schools will no longer fear that they will be sued for a FERPA violation if they release campus crime information from a student’s record. Ruling in Gonzaga v. Doe a 7-2 majority held that “action is foreclosed because the relevant FERPA provisions create no personal rights to enforce under” 42 USC � 1983, a law that allows individuals to sue when a government authority violates their rights.

Currently there are a number of exceptions to FERPA, including a health and safety exception, as well as an exception permitting the disclosure of certain student judicial information, that institutions may have been reluctant to rely upon for fear of a private lawsuit against them arguing that they had exceeded these exceptions, even in a single instance, and violated FERPA. With this fear eliminated campus administrators may be more willing to disclose this information.”

ZH, at 11:15 am EDT on April 27, 2007

An outrage

In a country where we are still debating whether publishing names and pictures of convicted sex offenders is a violation of privacy (and one’s constitutional rights), it is an outrage that this school publishes information about people who, for the most part, don’t seem to pose much of a threat to those around them. If any of these people does pose a threat to the campus, publishing his or her picture can only aggravate that threat.

To use students’ papers for teacher training purposes, we have to have them sign a consent and release form; it is appalling that the university posts these pictures in such a careless, cavalier manner. Shame on them. I hope they are successfully sued—the sooner, the better.

EJ, at 11:15 am EDT on April 27, 2007

FERPA?? What?

FERPA? What? That’s it. That’s the best we can do—lawyer-speak, admin-blabber? Whew.

Re-read Miller’s THE CRUCIBLE. Flippin’ FERPA? Our stepped-up culture of fear be all about more than “privacy.”

Wayne A. Gilbert, Chair, Arts and Humanities at Community College of Aurora, at 11:35 am EDT on April 27, 2007

Correction

Oops. The “US Supreme Court” should be inserted in place of “Congress” in my last post. Sorry.

ZH, at 11:35 am EDT on April 27, 2007

beyond FERPA

Just so you guys know, just because the school is probably complying with FERPA, doesn’t mean that they are not running afoul of the constitution or state laws. From looking at the website it seems that the school is a little cautious in what they say about the students – saying that they are “banned” from campus because their “behavior is not appropriate for our campus community.” Whether these statements constitute some sort of tort (for which this state has waived its sovereign immunity for), such as “defamation,” “false light” or “public disclosure of private facts” or a violation of a constitutional right (which money damages would be available under 1983 for despite the likely assertion of qualified immunity), is another story.

Larry, at 12:25 pm EDT on April 27, 2007

Danger to Others or Self

The university appears to be protecting itself against threats — even low probability threats — from individuals who no longer are students or employees. At least two of the “medical” exclusions are described as having (1) made a threat, or (2) having an assault charge elsewhere, plus posing a danger to self. A student seems to be on the list because he was expelled over unknown violation of campus codes.

These cases do raise the broader question about public right to access on campus. All colleges and universities have areas that are off limits to the public — dorms, library, student commons, classroom without instructor’s permission.

Do people who have “no good business” to conduct on campus nonetheless have a right to be there? If so, is that a weak right that can be withdrawn if they pose even a low-probability threat?

Pacific Coast Prof, at 12:25 pm EDT on April 27, 2007

Real World

I for one love the idea of a ban list with pictures. Many of you out there are speaking in the abstract, and it has been a long time since many of you have had contact with college students (if any of you are even IN the field in the first place.)

I am a hall director for apartments at a med-sized state school, and part of my chief concern is to protect my residents. I can ban students all I want for violations of the code of conduct or other state laws, but I have no way to really stop them if they keep coming to campus. Someone is banned since they are a distraction to the educational enviroment or a real danger. For those of us who deal with students, both these issues are a lot more real then some sort of abstract debate.

Colleges need ways to get this information out, period. I can not have police guard the front of every hall and every apartment 24/7. I need students to know who is or is not allowed on campus. Everyone is upset that our campuses are not as safe, yet everyone has an issue when one college does something within their power to keep their campus safe.

Well done UNC, well done.

Matthew, at 12:35 pm EDT on April 27, 2007

Need to know basis?

Cops routinely keep people from photographing prisoners in jail so to protect the prisoners’ rights — once they have served time, they are permitted to move on and attempt to get a job on the outside. Pictures like those come back to haunt them.

No one is controlling these pictures, and most of the people here have committed far lesser offences than those in jail. Given that the “point” of this move is to keep the campus community safe, there is no reason for the entire world to see these pictures. At the very least, the school needs to put the photos behind a firewall so that only people on campus can see them.

ANT, at 1:45 pm EDT on April 27, 2007

Wow!

I’ll take a FERPA, or HIPPA viloation any day comparitively.

Walker, Student, at 1:45 pm EDT on April 27, 2007

question for Matthew

Matthew, It will be interesting to see if the school supports your actions if you act arbitrarily in banning people. Far too often “hall directors” and others like you go on a power trip (as you appear to be doing) and use it to favor their friends and hurt their enemies. There is nothing abstract about being victimized by a power-tripping director, or having one’s constitutional rights violated. Maybe you would like to defend the choice to stigmatize that anorexic girl. I anxiously await your response.

Pacific Coast, Most public schools have concluded that their libraries must be open to the public, and schools which are federal repository libraries, by the terms of their contract must be open to the public (at least those specific collections.)

Larry, at 1:45 pm EDT on April 27, 2007

photos

My university takes photos of students, facuty and staff for ID cards. It used to be that the photo was used it the ID and not kept on file. Now, with digital caneras these images are stored on some hard drive. They are owned by the university which can do whatever it wants with them. Maybe we should discuss how individuals can regain control of their image. I’ll not sit for another ID photo unless I am assured it will be deleted.

prof, at 3:05 pm EDT on April 27, 2007

ha ha, power tripping hall directors, we’ve all been there..I feel its a good idea to post people banned from campus. As someone above mentioned, the ban is only as good as who knows a person was banned. But seriously, who checks the website anyway?

Will, URI, at 3:55 pm EDT on April 27, 2007

Matthew assumes that American campuses are not safe. In fact, American college campuses are among the safest places in the country. Perhaps that is because virtually every campus in the country bans guns. No public place is ever entirely “safe,” but American campuses are Arcadian utopias compared to vast tracts of the American urban environment. The kind of safety Matthew is talking about is only obtainable if we turn campuses into prisons. (Paradoxically, prisons breed their own forms of violence.) The cost to freedom of Matthew’s paternalism is higher than I am willing to pay — & I spend every weekday on a college campus.

Joseph Duemer, Professor at Clarkson University, at 11:15 pm EDT on April 27, 2007

My main worry with this list is, if someone with a mental health issue is banned at first and put on this website, and then later reinstated (as happens with many students suffering from depression, eating disorders, etc.), would that student then be stigmatized by their peers or individuals within the unversity administration?

It is difficult enough to recover and regain your life after a period of mental illness without having had your picture posted everywhere on a list of people that are dangerous to the campus — even if the exact reason that you’re “dangerous” isn’t listed.

Kim, at 4:45 pm EDT on April 28, 2007

While a black list is not a bad thing for a university to have, and I don’t see why universities don’t have rights to such lists, the public nature of this website is definitely potentially damaging. We have no idea why these people are on the list, but the nature of such a list put out by the University police, gives the impression that these are dangerous or problematic people. Imagine if all universities, businesses, institutions, maybe even individual people were to publish their PNG lists. My business “blacklist” includes students I just find annoying personally. I couldn’t imagine her face up on the Internet for all to see.

Walton Burns, English Advantage, at 4:45 am EDT on April 29, 2007

Lists serve a purpose

My 18 yr old daughter ended up sharing a campus apt with a student who had already been arrested and removed from campus for major theft of campus items. He kept being arrested for trespassing on campus in other areas but kept returning to the apartment where his girlfriend and my daughter lived. My daughter suspected he was a “persona non gratis” but when she called the campus cops she was told that they were not allowed to give out any information. Finally, the apartment staff got involved and found out that he was not allowed on campus and had him arrested at her apartment the next day. The day after the campus paper printed an article about all his prior crimes! Students shouldn’t have to rely on word of mouth or late news stories to be able to protect themselves against criminals.

Barbara George, at 7:55 pm EDT on April 30, 2007

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