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FIREFile Suit After Muscatine C.C. Attempts to Chill Newspaperâs Speech
Journalists at , the student newspaper at Muscatine Community College (MCC), claim MCCâs administration attempted to intimidate the paper due to its critical reporting. Now theyâre fighting back.
Earlier this week, 12 past and current members of The Calumet against MCC administrators and officials from the Eastern Iowa Community Colleges (EICC) system, of which MCC is a member institution. They are represented by : Bryan Clark of the law firm Vedder Price, and local counsel Glen Downey.
The lawsuit alleges that MCC and EICC permitted âfaculty and staff members to intimidate and harass student journalists without repercussions, allowing a faculty member to pursue a baseless EEO [equal employment opportunity] charge based on the content of an article, removing a full-time faculty advisor and replacing him with a part time adjunct, modifying the fall 2015 class schedule to marginalize the journalism program, and various other actions that amount to censorship by intimidation.â
As described in the complaint, The Calumetâs problems began in October 2013, when plaintiff and former student journalist Spencer Ludman published an article about potential conflicts of interest associated with MCCâs Student of the Month award. The award, whose recipient is selected by the Student Senate, was twice awarded to the niece of Student Senate Faculty Adviser John Dabeet.
Dabeet filed an equal employment opportunity (EEO) complaint against Calumet advisor James Compton, claiming the article was retaliatory in nature, despite the fact that the article was solely the product of The Calumetâs student journalists. LaDrina Wilson, MCCâs EEO and Affirmative Action Officer at the time, contacted the paper for more information about the article but refused to give the students any information about the origin or targets of the investigation. Although Compton was cleared of any wrongdoing, Wilson (who has since been become a dean at another EICC system college) requested that a discipline letter be placed in Comptonâs file, a decision Compton is still in the process of appealing. The complaint :
The message sent by the administration was clear: If The Calumet publishes something that makes a faculty or staff member uncomfortable, the administration will side with the staff member â even if, as in this case, that meant conducting a lengthy investigation into an unfounded EEO complaint against the newspaper advisor and intimidating student journalists by making them part of the investigation.
The Calumetâs difficulties with MCC did not end with this incident. Last December, the paper ran an article featuring a photograph of Rick Boyer, MCCâs math and science department chair and interim dean for the upcoming year. Boyer, evidently displeased with the article and accompanying photograph, with editor-in-chief and plaintiff Mary Mason:
During that call, Boyer (a faculty member and future dean at MCC) was angry and abusive toward Mason (a student). He asserted that The Calumet did not have the right to use his photograph and that The Calumet must obtain his consent in the future before using his photograph or a photograph of anyone else on campus. Boyer then hung up on Mason before she could offer any explanation.
The complaint describes Boyerâs angry phone call as a blatant attempt to censor the paper and convince its journalists that they needed Boyerâs permission if they wanted to use his photograph, let alone that of anyone on campus. Compton contacted Deb Sullivan, MCCâs human resources director and equal employment opportunity officer, and asked that she mediate the conflict between Boyer and The Calumetâs staff. Sullivan replied that she had considered âa thorough review of all perspectives and thoughtsâ but ultimately recommended that the journalists and Compton âmove on to a different article.â
The Calumet published about Boyerâs demand in February, despite having been warned by MCC dean Gail Spies in a recorded meeting that if the article ran the paper would be shut down, lose its advisor, or earn a âvisitâ to the chancellorâs office. Spies informed Compton he would be replaced as advisor on February 11, saying Compton was being reassigned to teach more classes, a claim that the complaint argues was simply a pretext for firing Compton for his role in the paperâs controversial reporting.
The students also allege that MCCâs rescheduling of âBeginning Newswriting,â the class which allows students to write for The Calumet for credit, to the same time slot as other important writing electives was an attempt to undermine the paperâs ability to attract new writers.
Lastly, the complaint notes that The Calumetâs funding suffered cuts. The Student Senate had previously ensured that the paper began each year with $10,000 in its account, but this year the newspaper was granted only $5,500 of its original $14,000 request to help support the paperâs growing needs, and its staff was given no reason for the cut, leading them to believe that the paper was being punished for the content of its reporting.
According to the of the case, the college disagrees with Comptonâs and the studentsâ claims:
Although she said she has not yet had an opportunity to review the complaint in detail, Mikkie Schiltz, the collegeâs attorney, said college officials have guaranteed and protected the Constitutional rights of their students, faculty and staff, âincluding the First Amendment rights regarding freedom of speech and of the press.â
âWe disagree with many, if not all, of the contentions in the lawsuit and we plan to defend all of their actions,â she said.
The entire is worth reading in full. Check back to The Torch for updates on the lawsuit as they occur.
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