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Lennox Case Gets Worse - "Information Within File" Not Available to Lennox under FERPA

by: chetly

Tue Dec 04, 2007 at 14:52:11 PM EST


More stupidity from Central Michigan University academic student code advisors.  This time they've refused under FERPA to provide "copies" of documents, on the technicality that they are only required under FERPA to allow an in person inspection.  Of course, Lennox, requested them jointly under FOIA, which gives him a right to copies.

And more importantly, under the 14th Amendment Due Process clause, and several Constitutional principles such as the right to face and cross-examine his accusers, Lennox's request for the evidence against  him is not only reasonable, but mandatory - before a hearing is to occur.

CMU is sticking to its position though that a student code can require that Lennox not be effectively represented by counsel and not copy the evidence before the hearing, and is pushing for a December 6 "hearing" ... err ... Star Chamber.   Below the fold is the original e-mail by Voisin.

Here's how my readers should TAKE ACTION.  Send Anthony Voisin, the code administrator, and e-mail saying he must drop the charges and reverse the previous reprimand against Lennox, as unconstitutional infringements on his speech.

voisi1a@cmich.edu

chetly :: Lennox Case Gets Worse - "Information Within File" Not Available to Lennox under FERPA

---- Original message ----

>Date: Mon, 03 Dec 2007 11:09:34 -0500

>From: "Voisin, Anthony" voisi1a@cmich.edu

>Subject: Re: Response to your recent letter 

>To: "Dennis Lennox II"

>Dennis,

>You have the right under FERPA to inspect your file, but not to have copies

>of the information included within the file. Therefore, you may contact my

>office to schedule a time to review the file at 989-774-1345.

>Your email states that you will be gone starting December 3 for the

>remainder of the semester.  I would like to inform you that the hearing will

>take place as scheduled unless you request a postponement.

>Sincerely,

>Anthony A. Voisin

>Conduct Proceedings Officer

>On 12/3/07 7:38 AM, "Dennis Lennox II" wrote:

>> Dear Mr. Voisin:

>>

>> I received your letter indicating three charges are pending

>> against me for allegedly violating Central Michigan University

>> policy. Before I can respond, I am requesting the following:

>>

>> 1) A copy of any and all allegations.

>> 2) Copies of any evidence.

>>

>> If you are unwilling to comply with my informal request for

>> these public records, please consider this a formal request

>> for access to or copies of the aforementioned public records

>> under the Michigan Freedom of Information Act and the Federal

>> Educational Rights and Privacy Act. You can forward these

>> public records to ...

>>

>> Please take note that I am leaving the country on Tuesday,

>> December, 3 and will be unavailable on personal and

>> professional business for the remainder of the semester.

>>

>> Thank you.

>>

>> Sincerely,

>>

>> Dennis Lennox II

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