Web Update: Lennox's disciplinary hearing canceled
Dennis Lennox II's refusal to turn off his video recorder caused the cancellation of the Topinabee junior's disciplinary hearing at 1 p.m. Wednesday.
As a result, Lennox will not be allowed to attend the next hearing that will decide his fate at Central Michigan University.
Director of Student Life Anthony Voisin warned Lennox several times during the beginning of the hearing that he was not allowed to record the hearing, according to the The Code of Student Rights, Responsibilities and Disciplinary Procedures 5.2.3.3.
Voisin made Lennox aware he was refusing to participate in the hearing unless Lennox turned off the camera. Lennox refused, saying his constitutional rights and the Michigan Open Meetings Act allows him to use the camera.
Voisin ruled the meeting was over because Lennox would not comply with the rules, and Lennox had five minutes to reconsider or the meeting would be canceled.
"I'm not going to participate in a hearing when my constitutional rights are not being upheld," Lennox said. "It's a victory for free speech on campus."
The Code of Student Rights, Responsibilities and Disciplinary Procedures states, under the hearing section, "a record of the hearing, made by tape recorder, will be kept by the Conduct Proceedings Officer at least until the appeal time is exhausted. If either the university or the student requests another type of record of the hearing be made, this may be done at the cost of the requesting party provided the type of recording does not interfere with the hearing."
Director of Media Relations Steve Smith said if a student requests a transcript of the hearing, the additional recording material becomes CMU property.
Lennox said he wanted to tape the hearing to shed some sunlight on the case, and should be allowed to since CMU is a public university and the constitution applies to it.
"They can tape record, but I can't," he said.
Smith said the hearing is not public, and if Lennox chose to waive his privacy rights and make the recording public, he needs to do so in writing.
"Even if that is done, it is still a closed hearing," Smith said.
Under the Complainant's Rights section, it states the complainant has the right to remain present during any disciplinary or appeal hearings.
Smith said since Lennox did not abide by the rules of the hearing, he will not be allowed to attend the next one.
"He had the right to be present, and that was the hearing (today)," he said.
Smith said the conduct proceedings officer and appropriate body will convene, make a decision and notify Lennox. Under 5.2.3.6 of the student rights, responsibilities and disciplinary procedures, the hearing officer or hearing body will issue a written decision within three business days stating if a violation has been found, what facts support this finding, and the sanction opposed if a violation if found.
Under 5.2.3.7, it is stated a copy of the hearing officer's decision will be mailed to the student within two business days after the decision is made.
Check cm-life.com for further updates.
news@cm-life.com
