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to the Student Life Committee by allowing me to only address my rationale as to why the decision ofthe Judicial Committee was unfair or biased. My request to appear before this Committee to defend myself was also refused. This limitation is not supported by the policies of the University, including the Student Handbook. Accordingly, I am entrusting my defense to my faculty representative, Mr. Jay DuNesme. According to the Student Handbook, Mr. DuNesme is allowed to participate in all of the discussions regarding me and my case. Because I have been denied my right to appear and defend myself, his full participation is essential. I respectfully request he be given unlimited access to any and all records and files regarding me and that he be allowed to fully and freely participate for the entire duration of all proceedings regarding me and my case. In order to prepare for my appeal, I asked various questions about the appeals process and also requested necessary documentation be provided to me to enable me to prepare for my appeal, including the following: Copies of all formal and informal complaints filed against me, including verbal complaints by any students, faculty or staff. A specific description of the charges and/or infractions that La Sierra is currently or has in the past alleged against me. The exact cites from the Student Handbook which La Sierra is currently, or has in the past, alleged I have violated, as well as all supporting evidence referring or relating to these allegations. All documentation and information relating to why such severe disciplinary actions have been taken against me. Information on the Judicial Committee, including to a list of individuals who are presently on this committee as well as those who were on this committees as of December 3, 2009. Please also provide information on the committee's authority to act and areas of responsibility. I have not been able to find any information on this committee. Information on the Discipline Committee, including a list of individuals who were on this committee the week of September 21-25, 2009, as well as this committee's authority and areas ofresponsibi1ity. Information on the Admissions Committee, including a list of individuals who were on this committee the week of September 21-25, 2009, as well as this committee's authority and areas of responsibility. All communication records including but not limited to e-mails, memos, letters, telephone/ call records and notes, referring or relating to me, including but not limited to communications from the following offices and departments: Student Life, Vice-President for Student Life; Dean of Students, President's
Office; Biology Department, Religion Department, Chaplain's Office, and the Provost's Office. A list of all individuals who have attended the various meetings and/or proceedings against me and/or who have provided evidence for or against me, and all supporting documentation. All evidence files referring or relating to me. All notes, files, and records for any of the various meetings or proceedings relating to me, including all video or audio recordings or transcriptions. On January 15,2010, the Dean of Students agreed to provide all of the requested documents to me and to thoughtfully and adequately answer the various questions I had asked. Contrary to Dean Curtis' commitment to me most of the information I have requested has been refused and my questions have been ignored. Despite repeated requests, only recently have I received a very limited number of documents. I have not received the above listed documents, although my requests arc reasonable and necessary to ensure a fair proceeding. Additionally, I was given a commitment by a University official who agreed to provide this documentation to me. For weeks I relied on this assurance, to my detriment, only to now learn LSU will not provide the documents and has breached the agreement made by this University Official. Once a commitment has been made by LSU, it should be fulfilled. Notwithstanding the above agreement, the Family Educational Rights and Privacy Act entitles me to receive those records, files, documents and other materials which contain material directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution. Most of my requests for information fall into these categories and must be provided to me by law. I have been denied access to the information presented at the proceeding, the names and authority of the Judicial Committee, transcripts or minutes of the proceeding, as well as all evidence (oral and written) which was used against me. It is therefore impossible for me to address why the decisions of the Judicial Committee were unfair or biased because I do not know what evidence or testimony they considered or how they reached their decisions. I have also been denied my right to examine, question and challenge the evidence and testimony presented. I have been denied such basic rights as knowing who my accusers arc or the rationale as to why the Judicial Committee made the decisions. This same process has been ongoing during my experience at La Sierra. For instance, in September 2009, I was sent by the Provost to Dean Curtis as a result of a disciplinary hold on my registration. When I spoke with her, she stated that she did not know what specific charges had been brought against me, even though she was the one who was to spearhead the decision-making process. Once she "became aware" of the allegations, she refused to tell me who was making them.
To summarize, nearly all of my requests have been ignored or denied. Consequently, I have been denied my right and ability to discover the evidence and testimony used against me, which would allow me to prepare a defense to the allegations against me. Because it is impossible for me to guess what evidence the Committee considered, the testimonies against me, as well as the discussion and rationale of the Committee, I have been placed in the unjust position of not being able to challenge the evidence or otherwise defend myself. I specifically requested the opportunity to appear before the Student Life Committee to defend myself against these unknown allegations and evidence. This request was also denied. Rather than allowing an open, transparent and just review of the decisions made against me, the Administration insists on presenting the allegations against me in a one-sided vacuum, thus denying me a fair review and due process. Under these circumstances it is impossible to defend myself. I have been denied my rights to a fair and just appeal. The Administration has failed to comply with the regulations and policies of the University and the guidelines of the Student Handbook, and my rights have been violated. Because of the failure of the Administration to follow due process, I respectfully request the Student Life Committee grant my appeal. The Vice President for Student Life has been designated by the University President to assure that student rights arc vigorously upheld and to administer fairly the responsibilities outlined in University policies. Vice President Bazan has failed to advocate for me and has instead personally denied me my rights, due process and justice. This is an additional violation of the policies of the University which justifies that my appeal be granted. I also wish to noti:f)r the Student Life Committee that several of my rights have been violated, including but not limited to the following Student Rights listed in the Student Handbook: 2. La Sierra University students have the right to expect a Christian university to be a place of spiritual nurture. A Christian learning environment nurtures spiritual growth of all members of its community while teaching the faith and traditions of the Seventh-day Adventist Church. The Administration has repeatedly asserted I am not being disciplined because of what I believe. I disagree with this statement. Significantly, all of the various allegations against me are related to my fight for the Rights assured me in the policies of this University. If Student Right #2 had not been repeatedly violated, I would not have been placed in the position of having to defend the faith and traditions of the SDA Church on a SDA campus and would never have been disciplined. In fact, all of the allegations against me arc the result of my defending the faith and traditions of the Seventh-day Adventist Church. Consequently, if my Student Rights had
not been violated there would be no charges against me and there would be no resulting disciplinary actions. Because this particular Student Right was violated first, and all allegations relate to my defense of this Right, the Student Life Committee should grant my appeal. Additionally, I believe my Rights have been violated because I have been singled out and targeted because I exposed the Administration and LSU publicly regarding the Biology Department's teachings on origins. The actions of the Administration against me have negatively affected my experience at LSU in many ways, including socially, academically, and spiritually. I have also been subjected to scorn and ridicule. I am convinced I am a victim of retaliation of the Administration for defending my beliefs and the beliefs of my Church. 9. La Sierra University students have the right to freely and without fear of reprisal express their opinions, beliefs, and questions, including expressions about University student life and academic experiences. A Christian learning environment supports respectful expression of diverse ideas through appropriate means. As indicated above, my right to freely, and without fear of reprisal, express my opinions, beliefs and questions about my academic experiences has been breached. I believe I have also suffered reprisal because of my sincere attempts to defend the faith and traditions of the Seventh-day Adventist Church. Perhaps I am viewed as a "whistle blower" who exposed and embarrassed the Administration. In any event, I have suffered many forms of reprisal, ridicule and discriminatory and unjust discipline. Since September of last year, the Administration has harassed me, embarrassed me, and retaliated against me, perhaps in hopes I would leave LSU. These actions include the unjust and unfair disciplinary hold placed on my student account which prevented me from registering for an entire week last fall. My receiving the Citizenship Probation is only the latest retaliatory incident. 10. La Sierra University students have the right to impartial discipline appropriate to the infraction of University policies. A Christian learning environment respects and supports the individual. Instead of receiving impartial discipline appropriate to the infraction of University policies, I have been singled out and repeatedly given several discriminatory, unfair and unprecedented disciplinary punishments. One of the actions taken against me is contrary to the prescribed punishment according to the Student Handbook. On December 3, 2009, I received a Letter of Censure for distributing the following personal note to about 20 of my friends and classmates:
Dear Friend, I am writing you in regards to the promotion of the theory of evolution in La Sierra's Biology classes. W c arc being told that we arc a product of millions of years of gradual change. W c arc also being told that the theory of evolution and the Bible arc entirely compatible. Y ct, as we have
seen (Biology Seminar on 11117), in the eyes of many the Bible is significant chiefly because of its cultural richness. As Mr. Webster suggested, the figurative or "realistic" models of Bible interpretation may be helpful, but the literal model of interpretation is not. This is hard for me to accept, especially when I read what Jesus Himself said: "But from the beginning of the creation, God 'made them male and female."' Mark 10:6. In context, Jesus is speaking of humans, and He is quoting directly from Genesis! Jesus also said "For if you believed Moses, you would believe Me; for he wrote about Me." John 5:46. Evolution teaches that humans were "created" at the end of the world timeline. Jesus teaches that humans were made at the beginning of the creation of the world, not at the end. Who will YOU believe? If you are wrestling with doubt or wondering even why things like this arc being taught at a Christian university; if you want answers; scientific answers, Biblical answers-then email me and share your concerns. I have permission from a top SDA scientist to share his peer-reviewed work that has been published in leading scientific journals. My email is louiebishop64@gmail.com. God Bless, Louie
I was told by Dean Curtis that I violated the Student Handbook because I distributed flyers without first receiving approval from the Office of Student Activities. She cited page 62 of the Student Handbook under "Advertisements" as follows:
All materials distributed, posted, or displayed on the La Sierra University campus must be approved by the Office of Student Activities (OSA) prior to being distributed or posted anywhere on the campus. Persons wishing to erect advertising paraphernalia must receive the approval of the Director of Student Activities prior to erecting the materials.
The above note is not a flyer and I was not advertising or selling anything. More to the point, even if this slip of paper was determined to be an advertising flyer, the Student Handbook limits the disciplinary actions which may be taken against a student for violating this provision. Failure to comply with the approved placement of advertisements is limited to the following disciplinary actions:
Clearly, the context of the Student Handbook into which Dean Curtis placed my actions should not result in a Letter of Censure. This serious and severe disciplinary action was in direct violation the Student Handbook and is not appropriate to the infraction of University policies. Furthermore, this punishment cannot be viewed as impartial. As far as I know, no other student has received a Letter of Censure for not getting approval before passing a note in class, and no other student has received a Letter of Censure for failure to get a banner, flag, or flyer approved. I am convinced I was singled out and disciplined unfairly and harshly, in direct violation of the limited punishments dictated by the Student Handbook, because I offered to provide to 20 friends and classmates scientific data supporting Biblical Creation. The
Letter of Censure was not a disciplinary option for this alleged violation. I believe I was unjustly disciplined for defending the faith and traditions of the Seventh-day Adventist Church when this unwarranted disciplinary action was taken against me, in violation of policy.
It is important to note that had I not received the Letter of Censure, I would not have
received the Citizenship Probation. Dean Curtis explained to me that the Citizenship Probation was issued to me because it was part of a progressive escalation of disciplinary punishments. Because I had already received the Letter of Censure, I was considered a repeat offender. Additionally, I was initially denied admission to La Sierra University in the fall because of my alleged actions nearly seven months before. After reviewing my case, the Discipline Committee appealed to the Admissions Committee in September 2009 in an effort to block my admission. This was another partial and discriminatory action which was in violation of the Student Handbook as follows:
Usually a disciplinary action will not affect recommendations forwarded to any Admissions Committee or to another institution if the particular item is an isolated out-of-character development with no recurring pattern in combination with other citizenship problem. It is the pattern of one's citizenship record, which may determine the recommendation forwarded to any other institution to which the student applies.
Despite the fact the allegations against me were isolated and out-of-character, as I had never before been in trouble; despite the fact I had apologized to President Wisbey concerning the incident immediately after it happened; and despite the fact no disciplinary action was taken against me for 7 months, a disciplinary hold was placed on my account which prevented me from registering. As a result, my admission to La Sierra University was delayed for a whole week. This is a disciplinary action which has affected my name and reputation at La Sierra and is in my student file. Again, when I asked the Dean of Students what allegations I was being held for, she told me she did not know. Following my request to know the allegations for which I was being held, it took the Administration two full days to send me a short and general description of the allegations. I received this brief list the day before the Admissions Committee was to meet and decide on whether or not to allow me to return to La Sierra. Throughout that first week of fall quarter, and in my letter to the Admissions Committee, I repeatedly asked to know who was accusing me, and the spec[fics of their accusations. This was because the list of five allegations that were given to me were overwhelmingly false. Yet I never was given the opportunity to speak for myself before my accusers or even to know who it was that was accusing me of such actions, despite requesting Dean Curtis in person that she fulfill my right as a student. Before I was finally admitted, I had to write two letters addressing these charges. My case was then transferred to the Admissions Committee as an appeal from the Discipline Committee. All of this was in violation of the policies of the University and the Student
Handbook, which limits the Admission Committee to serious cases involving repeat offenders, which I was not. As a result of these specific disciplinary actions, a negative and false student record has been created, my reputation has been damaged, and my entire experience at LSU has been adversely affected. I am convinced if not for the unfair disciplinary action of September 2009, it is unlikely the other charges would have been placed against me, because, according to the Administration, they arc all related and arc considered repeat offenses. Finally, I have been subjected to an unfair process by not being allowed to attend any of the proceedings against me. I have been denied access to the testimony and evidence used against me. I have never been allowed to appear before any of the various Committees to defend myself. This has been the case throughout the school year despite my consistent requests to appear before the Committees. When instructed on how to defend myself, I have been told to describe how I plan to correct my behavior in the future. This direction indirectly implies that I am guilty of wrong behavior. Because I have been denied a chance to be present at the Committee meetings, and because I don't know what specific evidence the Committees have considered, my defense is handicapped. Yet I have been forced to respond, because I have no other choice. My alternative would be to offer no defense, thus scaling my fate or defying the orders of a University Official. This was unjust and unfair and is yet another example of how my rights have been violated and due process denied. Attached please find correspondence relating to my appeals, which I am fully incorporating by reference into this statement. l. Notice of Appeal letter to Dean Sue Curtis, dated January 13, 2010. There arc two attachments that follow this letter. The first is the letter issuing me the status of Citizenship Probation which I received via the mail on January 8, 2010. The second is the document I received describing the rights of students who arc suspended. 2. A second Notice of Appeal letter to Dean Sue Curtis, dated January 14,2010. 3. Email response from Dean Sue Curtis dated January 15,2010, at 8:45am. 4. Letter to the Discipline Committee dated September 21, 2009. 5. Letter to the Admissions Committee dated September 25, 2009. I respectfully request the Student Life Committee to grant my appeal by voting for a reversal of all disciplinary actions taken against me by La Sierra University. I am praying for God's blessing on each of you as you deliberate these matters. V cry respectfully,
Louie Bishop
Dean Sue Curtis Associate Vice-President of Student Life Dean of Students January 13,2010 Dear Mrs. Curtis, On Monday, .January 11, 2010, I received in the mail two documents. The first Jetter, which is signed by you, notifies me the "Judicial Committee" has placed me on Citizenship Probation. Your letter defines Citizen Probation as "disciplinary status indicating that a student is in serious violation of policy." Your letter also indicates a second document was included to outline my rights. This second document is undated, unsigned, and is addressed to "Students Under Suspension." Although unsigned, the letter indicates it is from the Vice-President of Student Life and the Dean of Students. I have attached both of these documents to this e-mail for your reference. The Student Handbook defines Citizenship Probation as follows: ''Disciplinary status indicating that a student is in serious violation ofpolicy. Citizenship Probation is an automatic consequence with suspension." The above underlined language appears in the Student Handbook, in addition to the language cited in your letter. In our conversation last week you specifically told me I was not suspended. The definition in the Handbook states otherwise. In addition to being addressed to Students Under Suspension, the undated document you sent is entitled, "Rights, Responsibilities, and Appeals process available to students suspended from La Sierra University." The same document also states: "This letter is to inform you of your rights and responsibilities and of the appeal process in use on this campus for students suspended from the University. The student who is suspended has a right to appeal. The first process available to the student is to request reinstatement to the University in writing within a week of the date of this letter to the Student Life Committee." This document repeatedly states I !.!!!. suspended. All of this is very confusing to me. Regardless of whether I am actually prevented from attending classes, the official definition of Citizenship Probation includes an automatic suspension. This is also consistent with the appeal document you sent to me as described above. This is serious because my official student record/file (which will include both of the attached documents) will show I have been suspended from La Sierra University for a serious violation. This could have negative consequences and be detrimental to my future goals in life. I do not believe this disciplinary action is fair or appropriate. Please consider this letter as my written notice of appeal.
Additionally, I do not believe the other actions taken against me have been fair or appropriate and I intend to appeal these actions as well. Specifically, please consider this letter as my written notice of appeal for my admission to La Sierra University being delayed in September 2009, resulting in my missing the first week of school. Please also consider this letter as my written notice of appeal for the "Letter of Censure" which I received from the .Judicial Committee on December 8, 2009. It is important for all of the historic charges against me to he appealed because I believe the previous allegations about me, if unresolved, will affect the outcome of my Citizenship Probation appeal. In the e-mail I received from you today, you said the Student Life Committee will be meeting this coming Tuesday, January 19th at 1:30 J>M to consider my case. This does not give me much time to prepare for my defense. Because of these time constraints I respectfully request the following documentation to he given to me by no later than Friday, January 15,2010:
Copies of all formal and informal complaints tiled against me, including verbal complaints by any students, faculty or staff.
The exact cites from the Student Handbook which La Sierra is currently, or
has in the past, alleged I have violated, as well as all supporting evidence referring or relating to these allegations.
Information on the Judicial Committee, including to a list of individuals who are presently on this committee as well as those who were on this committees as of December 3, 2009. Please also provide information on the committee's authority to act and areas of responsibility. I have not been able to find any information on this committee. were on this committee the week of September 21-25, 2009, as well as this committee's authority and areas of responsibility.
All communication records including but not limited toe-mails, memos, letters, telephone/ call records and notes, referring or relating to me, including but not limited to communications from the following offices and departments: Student Life, Vice-President for Student Life; Dean of Students, President's Office; Biology Department, Religion Department, Chaplain's Office, and the Provost's Office.
A list of all individuals who have attended the various meetings and/or
proceedings against me and/or who have provided evidence for or against me, and all supporting documentation.
All evidence files referring or relating to me . All notes, files, and records for any of the various meetings or proceedings
relating to me, including all video or audio recordings or transcriptions. To save mailing time and expense, I will be happy to personally come to your office to collect these documents. Please let me know when it is convenient for me to do so. Although the various proceedings against me have been very discouraging and time intensive and have adversely affected my academic studies. I am looking forward to the opportunity to appear before this committee. I am relieved to be able to finally know what evidence is being used against me, and for the first time to be able to personally defend myself. Please send me as much information about the appeals process as possible, including how much time will be allotted to my case, a description of the procedures, and the amount of time I will be given to present my side of the case. I would also like to request a tape recording or a video recording be made of this proceeding to protect my rights and to establish an accurate record. The appeal document included with your letter and attached above states the following:
If the students so requests, the Dean of Students will invite a faculty member ofthe student's own choice to participate in the discussion of the Student Life Committee.
-'
.,
lf the student so requests. the Vice President for Student Life will inYite a faculty or staff member of the student"s own choice to participate in the discussion.
I would like to request that Jay Du Nesme, a long time personal friend of my family, to fully participate in all of the discussions regarding me. As Dean of Students, please notify :\1r. Du of my request and extend an imitation to him as soon as possible. Respectfully,
Louie Bishop Attachments: Letter from Ylrs. Sue Curtis dated Janua1y 6, 2010 and the attached undated suspension appeals process document.
January 6. 20 I 0
LA SIERRA UNIVERSITY
Louie Bishop 3 8149 Silver Fox Ct. Murrieta. CA 92562 !0#923495 Dear Louie: This letter is to contirm the conversation we had concerning posting Dr. Greer's lecture on the internet. Dr. Greer repo11ed to me that you had published his lecture on the internet without his permission. According to the Student Handbook this under non-compliance to a University official. The Judicial Committee met today to consider the matter. The committee voted to give you Citizenship Probation tix this infraction. By definition Citizenship Probation is defined as "disciplinary status indicating that a student is in serious violation of policy." It will he necessary for you to lend your full support to the policies of the University. During our phone conversation today I also outlim:d to you your right of appeal i r you chose. I am including a separate document that outlines your rights. Please let me know if you have further questions, all the best lor the future.
Sincerely yours,
Sue Curtis. Ed.S. Associate President tor Student Life Dean of Students
Cc Yami Bazan
Student's File
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