Cinema student finghts 'kangaroo court'

An incident of "disturbing the peace," in September may result in SF State student James Read being suspended from campus until next year.

In an effort to question the accreditation of the cinema department, Read, 33, a cinema student, was kicked off campus and suspended for 24 days. Depending on the outcome of a disciplinary hearing, he may be restricted from entering SF State until Spring 1996, and could be placed on probation until he graduates.

"I'm resigned to the idea I won't be coming back to school until the spring," Read said.

According to Robert Westwood, SF State student discipline officer, Read can accept disciplinary sanctions from the university, which includes suspension until Spring 1996, or apply for yet another hearing.

Read said he'll take the hearing.

On Sept. 28, Read posted a letter on the cinema department bulletin board notifying students that the department was "unaccredited" and asking students who "feel like you've been cheated" to call the "Inspector General of the U.S. Dept. of Education fraud hotline" and "file a formal grievance" with the university grievance counselor.

Read had contacted the National Schools of Theater, a national accreditation agency located in Virginia, and was told SF State's cinema department was not accredited. He feared the department's lack of accreditation could harm his chances for employment once he graduated.

Although the department is not an accredited school, according to Karen Moynahan of the National Schools of Theater, a department doesn't need to be accredited if the university is. SF State is accredited.

Above the envelope, Read wrote "UNA Bomber where are you, if you remove this remove the whole bulletin board or I will." Read admits to writing the words and posting the envelope.

The letter was removed by the campus police. According to police reports, on Thursday, Sept. 28, Read entered Room 245 of the Arts and Industry building at 12:30 p.m., where a faculty meeting was being held, and exclaimed "Fuck this department, you had no right to take down my flier" and "I'm going to sue this whole department, you'll all be sorry you fucked with me."

The reports had witnesses' testimony that said Read "tore a signed petition and threw it over the computer cabinet," and that "Read was acting hostile, angry and using hand gestures to express himself." Read admits to entering the room and tearing up a petition, but denies being "hostile."

"They (the police) say I threatened physical violence. I didn't do this. They said I used abusive language. I may have said an obscene word or two, but I wasn't abusive. They said I used obscene gestures, was waving my arms. I had a big bag over my shoulders so they couldn't have been that erratic," Read said.

Fearing concern for their safety, three members of the meeting -- Karen Holmes, associate professor in the cinema department, graduate assistant Melissa Howden and Jay Capela, part-time creative arts lecturer -- filed citizen's arrest forms with UPD.

Read returned to the room at 2:30 p.m., still "acting irate and hostile," according to the police reports, but left before he could be apprehended. At 4:30 p.m. Read called UPD and arranged to go to the police department at 6 p.m.

Upon arriving, and after being interrogated by police officer Roxi Romo and Sgt. Don Young, Read was restricted from the university for 14 days. Police also filed a charge of disturbing the peace against Read.

After a hearing to protest the suspension, Don Casella, hearing officer and career center director, upheld the 14-day suspension. A follow-up hearing with Westwood on Oct. 12 resulted in an additional 10-day suspension. According to CSU regulations, Read wasn't permitted legal representation at these hearings.

"This is double jeopardy. I'm being punished twice for the same offense," Read said. Read fears he will be dropped from the classes he is registered in now because of the amount of time he has been suspended.

"We had to go on a field trip to Point Reyes (for his geology class). It's one of the requirements of the class. I missed it (because of the suspension), so I'm probably dropped from the class," he said.

Read has consulted attorney David Axelrod of Sonoma, although he hasn't retained him yet.

"Tearing up a piece of paper is an expression of symbolic speech, not violent behavior," Axelrod said.

"Calling attention to grievances, vibrant, excited, vigorous free speech is necessary. Realizing that this is a university setting, addressing these issues (free speech) is necessary," Axelrod said.

Vicki Anderson, secretary in the cinema department, was the first to notice the envelope on the bulletin board and was the first to contact UPD. "We're still fearful of what he might do," she said.

Thursday, Read received a letter from Westwood informing him of the sanctions against him that might result in his suspension until spring. Read is charged with obstruction of a campus function, threat of physical abuse, misuse of campus property and abusive behavior against campus members. Since Read has refused to accept the sanctions, a hearing will be scheduled by Westwood to address the charges.

"This has really been blown up. All I wish is for this to end so I can go back to school," Read said. He was expecting to graduate next fall, but now expects to graduate in the spring of 1997.

[ Golden Gater Online October 24, 1995 ]

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