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Show up Go dkflo eM dkJ&Ga 0G057 Mbs? (iEMiftniCtecjj cm lMEgo' fa? (tocpaj. cpdtatee cm Gbo 0033, -- 2- WEDNESDAY, MARCH DIXIESUNNEWS.COM o n UOD 0 P BY HALEY HAZEN AND NICK ANDERSON haleyhazen O ClOSMOu QD'uS UD 18, GO 20) I flGOODOS'u' "" I nickvanderson Dixie State University students filed a lawsuit against the university regarding campus speech codes. Students from the Young Americans for Liberty Club filed a First Amendment lawsuit against DSU with the help of the Foundation for Individual Rights in Education. The students involved in the lawsuit are William Jergins, a senior math major from St. George; Joey Gillespie, a junior psychology major from St. George; and Forrest Gee, a freshman integrated studies major from Herriman. According to the press release, the lawsuit filed by the students claims the university wouldn't approve promotional posters from the club to be displayed on campus because they didn't meet the criteria in the school's posting policy. The posters negatively depicted President Barack Obama, George W. Bush and Cuban leftist revolutionary Che Guevara. The policy states posters can't "single out any individual group(s) or entities in a derogatory manner." Jergins said he didn't expect the posters to be a problem. They handed me the posting policy after and were like, There were the ones you violated,"' Jergins said. "Can we put up fliers that say I disagree with Hitler, disparaging an individual, if Che Guevara isnt allowed to be criticized? According to the press release sent out by FIRE, Jergins said the speech codes on campus 'V'- - - w fv- - X RtAt Rrms-0UN1 SUTURV th HI W & x. J V. .K ( v Ik r -- -- cl ) r s k J n 1 y 4 i at 1 th m to is' Di th Jergins, a senior math major from St. George; Forrest Gee, a freshman integrated studies major from Flerriman; and a Joey Gillespie, junior psychology major from St. George, hold fliers Dixie State University prohibited them from distributing. The students ni are suing Dixie State University for allegedly violating their First Amendment rights. WJ FROM LEFT, William hinder the learning experience by putting limits on the "ideas we hear and the thoughts we consider." Jergins and his peers are seeking the removal of these speech codes. The lawsuit also involves concerns about free speech zones on campus. The formal Complaint for Injunctive and Declaratory Relief and Damages filed by Jerkins, Gillespie and Gee claims the defendants DSU President Biff Williams; Dean of Students Del Beatty; Administrative Assistant Debbie Millet; Seth Gubler, director of student housing and resident life; Jordon Sharp, director of student involvement and leadership; Sharon Lee, coordinator of academic scheduling; Don Reid, director of public safety; and an unnamed member of campus security violated the constitutional rights of the club members. First Amendment Attorney e, an outside Robert counsel for FIRE, said in a phone interview the students contacted FIRE with their case. He said FIRE receives information on situations that involve students and faculty on campuses who have problems with free speech and issues. Com-Rever- due-proce- ss "If there is a suitable case in those instances, FIRE will be willing to offer assistance," Com-Revesaid. "This is one of those cases." Com-Revesaid the complaint names,the parties involved, how they are related to the case and presents the information explaining what happened, with the final section relating the facts to the legal claims. It is up to the university to re re said. He said the university can work out an arrangement where the policies are to conform to the constitutional respond, Com-Reve- re "If we can't work that out informally, then we use litigation to go forward," Com-Reve- re said. "The university and the individual defendants have the opportunity to either file an answer to the complaint which basically responds to the factual and the legal allegations litigation goes forward from there." Com-Revesaid even if the factual allegations are accepted, the defendants can file a motion to dismiss the complaint, claiming that it doesn't create legally re recognizable claims. The goal of Jergins, Gillespie and Gee is to reform the university policies and prevent ongo an ing violations of constitution, re director of litigation FIRE, said this case is tk eighth case filed as part o'u Stand Up for Speech Project launched FIRE. One of the cases was settled in about seven months which Sevcenko says is "ligl iate SpencerRicks Students, faculty and members of the community are searching for answers after tenured theater professor Varlo Davenport was recently fired after a complaint of assault was filed against him by a student in December. Davenport was placed on administrative leave after the complaint was filed. A faculty review board conducted a hearing Jan. 29, where witnesses were called to testify and Davenport was allowed to defend himself. The faculty board exonerated Davenport and recommended he be reinstated after reviewing all the information presented. Dixie State University President Biff Williams decided to reject the faculty boards consensus and permanently terminated Davenport on Feb. 25. A female student filed the complaint of assault against Davenport for an incident that occurred in Davenport's Acting I class on Nov. 21,2014. Administration response According to university policy, the president has the final decision in firing Davenport. My frustration is that no one has talked with me about this not the the chair or the president, department dean of students, Davenport said. I thought Id at least have a chance to talk with them. I wasn't given the chance to defend myself after the president made his decision. Steve Johnson, DSU director of public relations, said because the issue is a confidential matter, DSU cannot comment on the incident or Davenports dismissal at this time. President Williams official statement on the matter is Professor Davenport was given full due process afforded by DSU policy and procedure. His alleged misconduct and related information were fully vetted by a DSU faculty review board. Although the board recommended Professor Davenports reinstatement, I determined that the boards position was contrary to the information presented. I understand that a criminal investigation is currently being conducted by local law enforcement. DSU declines further comment until the investigation is completed. Davenport said he received an anonymous tip on March 6 that informed him he was under investigation for having a sexual relationship with a student. However, those claims have since been proven false, Davenport said. Im aware, the inves is still on the classroom tigation incident, Davenport said. There was never anything sexual about the As far as p-- Litiga-tio- n Students and members of the community have supported Davenport and have been taking action to ask for Davenport to be reinstated. An online petition to reinstate Davenport has reached nearly 1300 signatures. Katie Whitmire, one of Davenports former students, started the petition because she said she felt due process was not allowed for Davenport. The petition was presented to Williams while he was in Salt Lake City on March 4. Bates said Williams was reluctant to meet with her and take the petition. We want answers, Whitmire said. Our main question that every- one is asking is Why was a tenured professor let go after such a strong legacy? Former students, supporters and L CO F seti c a little stressful. V see LAWSUIT page! '' IA S'1" 1., r ' i Fired Dixie State University theater professor Varlo Davenport's supporters do a meditative technique at a silent protest Jan. 29. the same day as Davenports hearing. theater teachers from across the state and country have pledged their sup port on the petition, Whitmire said. During Davenports hearing on Jan. 29, students held a silent protest to support Davenport. Serena Dabney, a sophomore theater major from Las Vegas, attended the protest with several others, mostly theater students, she said. We sat outside of the administration building and did a melt a meditative technique that our acting professors taught us, Dabney said. We wanted to show that we were being peaceful by showing support and not tearing anyone down. Corinne Nelson, a senior vocal major from Fallon, Nevada, is one of Davenport's former students and is i ning speed." She said anoth? fig case is in its seventh year. S This whole process, I h: cor really enjoyed it, Jergins x ava It has been kind of a nerve racking process, and it hast incident. In an email, Johnson said regardless of the universitys official stance, I feel confident that in time the truth will come out, and I expect the same attention afforded to the truth that is currently being paid to the rhetoric currently out there. Student support pr na for Davenport fired; students protest termination BY SPENCER RICKS m said. rights, Com-ReveCatherine Sevcenko, assoc- organizing a support event to bens' the Davenport family with help U other theater students. The DSU Theater Showcase will take platf the DiFiore Center on Main Street7 p.m. Monday. Students and alumni will be performing scenes, musical nufflk' and monologues, Nelson said. want to show Davenport supp11 by doing what we do best becai1 him: performing. The whole situx ( has left us all frustrated and angi and I wanted us to forget that an? t for a night and just show support p Whitmire said its clear how love Davenport as a proft s - 1 see FIRED page 3 |