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Council of Graduate Students - Minutes - 18 January 2002

In attendance were:

Absences:

I. Call to Order

The meeting was called to order at 3:37 pm, J. Briggs Cormier, President, presiding.

II. Panel Discussion on Hate Speech

Council heard a discussion centered on the question "What distinguishes hate speech from protected speech?" The panel consisted of Pat Hall, Director of Student Judicial Affairs (SJA), Steve McDonald, Associate Legal Counsel, and Ron Michalec, Chief of the University Police.

McDonald began by discussing some of the basic legal principles involved. The distinction between hate speech and protected speech is largely a matter of context: speech is almost never unprotected, but when speech becomes a form of conduct, it can be treated as an action. Thus an isolated utterance of a racial epithet is generally not actionable, but the creation of a hostile environment, through "sufficiently severe or pervasive" repeated uses of that epithet, generally is.

Similarly, any time speech is used to disrupt other activities, it can become actionable. For instance, if a speaker set up amplification equipment on the Oval so that they could be heard inside class buildings, the university police could require him to stop.

Hall continued by discussing how the Code of Student Conduct treats the issue. The code applies to on- and off-campus activities, but since OSU is a public institution, we generally have to follow state laws. Any speech that causes a person to fear for their life, property, or family (referred to as "menacing") is actionable. SJA will also get involved when they think they can educate someone (even if the behavior in question isn't actionable) to help them understand the effects of their actions. SJA can also be involved if speech incites a panic (i.e. bomb threats). "Fighting words" are also not protected, but it can be hard to prove that a given utterance counted as fighting words; one needs to show that the average person would agree with such a classification.

Michalec discussed some of the free speech issues that the University Police have dealt with in the past. Four years ago, the Genesis Action Program (a right-to-life organization) was going to be visiting campus. OSU was warned by other campuses that this organization had provoked violent responses before (including at the University of Kansas): their strategy was to bring 10' x 10' pictures of abortions, Auschwitz victims, and KKK lynching photos. A committee was formed to prepare for the situation involving various university officials. While the University cannot suppress free speech, it can limit the time, place, and manner of such presentations. A location was chosen so that the interactions between the presenters and the public could be controlled, and hence the visit passed without serious incident.

As another example, the University Police have often had to deal with events like the Madeline Albright town meeting, where there were demonstrators who wanted to shout out the speaker. More recently, four arrests were made during Spring Commencement of people trying to disrupt the event. On the other hand, when President Clinton's political advance party wanted OSU to limit what could be written on signs brought to a political rally, OSU refused. In general, planning for these kinds of events and dealing with requests by organizers involves a strong collaboration between the police and Legal Affairs.

What happens when a student organization's event gets out of hand -- say a fight breaks out. Would the organization be liable? Michalec answered that as long as the event was properly registered and planned for, blame would not fall on the organization. In general, though, student organizations aren't legal entities and can't be held legally liable.

At another institution, there was an incident where some people were listening to rap music and freestyling. One of them called out to a female student walking by using a term that the student found objectionable; the caller was censured by the university. Michalec replied that this must have been a private institution; such institutions have more flexibility to establish stricter codes of conduct. OSU would not have been able to act in such a situation unless physical violence were involved.

McDonald pointed out that the American Civil Liberties Union has written a pamphlet dealing with people's rights in wake of the September 11 events; this pamphlet is available from the CGS office. The ACLU will represent anyone chosen for random interrogation for free.

Hall also pointed out that the Muslim Student Organization has access to an attorney who can help people (contact OIE or SACP).

III. Approval of the Minutes of the 30 November 2001 Meeting

Moved by Delegate Lewis; seconded by Delegate Eaton; passed by unanimous voice vote.

IV. Amendments to the Constitution and Bylaws

A second reading of the amendments to the CGS constitution, bylaws, and standing rules was held. Delegate Lewis, with Delegate Wright as second, moved to approve the constitutional amendments; this was approved by unanimous voice vote. Delegate Beck, with Delegate Lewis as second, moved to approve the changes to the bylaws; this was approved by unanimous voice vote. Delegate Depelteau, with Delegate Miller as second, moved to approve the changes to the standing rules; this was approved by voice vote.

V. Removal of Senator Reema Shafi

CGS had learned that Senator Shafi had moved out of the state for personal reasons without notifying CGS; a formal motion of removal is required before a replacement can be located. Such a motion was made by Delegate Kearns and seconded by Delegate Long; it passed by unanimous voice vote.

VI. Elections

After brief statements, two Senators were elected: Wissam Al-Saidi, Senator from MPS; Jared Tolla, Senator for the Arts.

VII. Delegate Issues and Concerns

Several issues of concern were discussed. President Cormier mentioned that PEGS funding is about to be cut. The CGS Executive Committee is lobbying to keep it intact, but it would help to have testimonials.

Delegate Lindberg mentioned that in Dance, students can get PEGS grants to attend conferences that they would not have otherwise been able to attend. Delegate Hodak mentioned that her department uses PEGS money to help with recruitment. Cormier asked that others with similar testimonials or anecdotes send them to the CGS office.

Delegate Hamidinia asked how much money is being discussed. Cormier replied that the PEGS budget line is $1.5 mil in annual rate; this covers both new proposals and proposals that are continuing from previous years (proposals get approved for three years).

President Cormier then mentioned the cap on pharmaceuticals in the current student health insurance plan: up to $500 in-house with $5 co-payment; additional $1000 in-house or outside with $10 co-payment. He asked how many in attendance either were themselves affected by the cap, or knew of students who were; four members indicated that they did. Chair Lewis stated that out of 11,800 students enrolled in the plan, 99 have hit the cap. He also pointed out that last year the plan took in $7.5 million, but paid out $8.6 million; the insurance company will quite likely want to adjust the plan to account for this.

Council members discussed the recent switch from Cop-ez card-activated photocopiers to BuckID-operated photocopiers. Delegates reported that many of their colleagues had been caught by surprise by the switch and had been told by Cop-ez employees that it was not possible to transfer the balance from existing Cop-ez cards.

In general, the only indication of the switch was some signage in the libraries -- no noticeable attempt was made to inform students who were off-campus during Autumn quarter, or who otherwise did not have occasion to visit a library that quarter. Even those who did notice the switch were not provided with much of an opportunity to use their Cop-ez balance; near the end of Autumn there was only a single Cop-ez capable copier in the main library, and the wait to use it was excessive.

With the new system, individual copies are more expensive (10 cents, as compared to 8 cents), and it is much harder to add money to the cards. Previously, money could be added at any copier; there seem to be only five or ten places on campus where money can be added to a BuckID.

It was pointed out that in some departments, knowledge of how to defraud the Cop-ez card readers was an open secret. Presumably Cop-ez leadership was able to compare the amount of money taken against the amount of copies provided and used this to inform their switchover policy.

Nevertheless, many delegates thought that the failure to provide a secure system was solely Cop-ez' responsibility and that they had no right penalizing the many students who used the system in good faith.

Delegate Joshi moved to reopen New Business; Delegate Browning seconded the motion and it was passed by unanimous voice vote.

Delegate Joshi then moved the following resolution: "We, the Council of Graduate Students, call upon the unversity to see that all cop-ez card balances be transferred to a replacement card." This motion was seconded from the floot and passed by voice vote.

VIII. Presentation by Marc Dixon

Council then heard a presentation by Marc Dixon (a graduate student in Sociology) from the Graduate Employees and Students Organization (GESO), an organization advocating for the unionization of graduate employees.

Dixon began by observing that graduate students are crucial to the operation of university, providing nearly half of all contact hours with students. Graduate students lack adequate health care, grievance procedures, and paid training. Graduate employees are turning to unionization at major places across the country like Berkeley, Michigan, Wisconsin, and Iowa; unionization campaigns at in progress at Illinois and Penn.

GESO sees itself as complementing CGS -- GESO can concentrate on the employee-employer relation instead of on issues of broad graduate student interest.

GESO will be having a meeting on January 31 at 7pm in the Ohio Union, Buckeye Suites F and G. Contact geso@osu.edu for more information.

Would a graduate student union have dues just like any other union? Union members would vote on what their dues would be.

Does the university have a position on a graduate student union? Kirwan has said that he wouldn't like it.

Are there any disadvantages to unionization? Not that I know of.

Doesn't ohio law prohibit our unionization? Yes, but the university could choose to work with us anyways.

Are you affiliated with any other unions? No, not yet.

If a union were formed, Would membership eventually be compulsory? It's hard to say, based on the current law. But people who benefit ought to contribute.

Why have CGS and GESO at same time? Not all grad students are employed by the university, so they'd still need a representative government.

Have you talked to the Graduate School about this? No.

If the union achieved its demands with regard to insurance, wouldn't this drive departments to replace graduate administrative assistants with other, cheaper classes of employees? This hasn't happened elsewhere.

Some of us in our program like the idea, but we've encountered resistance to the word "union". It seems difficult to mobilize such a diverse group as graduate students. How do you deal with this? True. But core issues exist that affect everyone: the quality of the work environment, affordable and adequate health care, preparation for educating undergrads. In many ways, we're still trying to learn the best approach.

IX. Committee Reports

Campus Events (Jen Bossard): CGS's winter quarter activity will be BuckeyeThon, a 26-hour dance marathon benefiting Children's Hospital. This is the first year this event is being done here. Similar events at Penn have raised $3.4 million. CGS will pay the registration fee for up to twenty people (need not be delegate to apply). Volunteers are also needed for the event. The average shift is 3-4 hours. We need set-up people, break-down people, moralers, registrars, etc.

Outreach and Engagment (Scrogham): January 21 is being organized as a day of service; contact Eve if willing to help or just show up at 9am at the Ohio Union.

Diversity (Robinson): Our committee wants to host a panel discussion on different religions' views of homosexuality. If you know someone who would be willing to speak, or are otherwise willing to help, contact Marsha. Also note that GLBT awareness week is coming up; see the university calendar for a listing of events.

Research Forum (Scrogham): Forum applications have been sent to all grad studies chairs; see web site if you need more. Also, if you're willing to help find judges, use the judge application. We need at least two more judges in each academic area; non-OSU people are welcome (and we can fund their travel).

What's the prize? Cash prize and travel grant for 1st-place winner; also published in proceedings.

Do judges have to be PhDs? They should have the recognized terminal degree for that field.

International Concerns (Kendall): The committee is planning set of fora and will be meeting on January 31 at 7pm in Brennan's cafe to try to see what kinds of concerns are out there.

X. Officer Reports

Treasurer Ed Lasseigne announced that CGS had received a thank-you note from the American Red Cross, who appreciated our targeting the local chapter with our donation. The Executive Committee will be doing a mid-year budget review in order to bring a revised budget to the next meeting; please contact us with concerns. We are also thinking about using Quicken for CGS accounting; contact Ed with comments.

Secretary Mike Daniels reminded delegates to sign in and pointed them to a report on the progress of the university committee reviewing the general education curriculum.

Vice President Eve Scrogham announced some openings and new committees: Ohio Union Council (studying renovations), University Career Services Committee (meets on Wednesday afternoons). Also, newly-elected delegates need to submit an application to the CGS office to be officially certified.

President J. Briggs Cormier asked for reports of exploitation (especially in light of recent budget cuts).

XI. Announcements

On January 18 at 6:30 in 113 Dreese labs, the Muticultural Dialogue Group will host an Introduction to Islam talk.

The Graduate School's workshop on non-academic careers received such a vigorous response as to require the scheduling of a second.

An art exhibition featuring several graduate students' works will be opening on January 25 in the Hopkins Hall gallery from 9 - 5pm Monday through Friday.

The performance event "Hello Sex Kitty" will take place in Drake on January 30. There will also be a reception for those interested in Asian-American issues in the Ohio Union 4th floor Multicultural Center from 5-6:30 on that date.

XII. Adjournment

Moved by Delegate Lewis; seconded by Delegate Knott. The meeting was adjourned at 5:24pm.

Respectfully submitted,

Mike Daniels
CGS Secretary
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