Lennox's appeal hearing canceled for second time
Dennis Lennox II's appeal hearing Wednesday morning was canceled because the Topinabee junior would not turn off his video camera.
The proceedings officer Jason Bentley, First Year Experience coordinator, warned Lennox if he did not turn off his camera, the hearing would not take place. Lennox did not comply, so Bentley and Assistant Director of Student Life Thomas Idema, Jr., canceled the hearing.
Lennox contends the university does not have a policy against videotaping written in the rules for the hearing.
"I just want this to go away, I frankly don't care about this anymore," he said. "It's been going on for six months now."
Lennox was reprimanded March 4 via e-mail by Idema after being found in violation of three sections of the Code of Student Rights, Responsibilities and Discipline Procedures.
Idema's e-mail stated Lennox violated section 3.2.2, providing false information to a university or official, section 3.2.15 not identifying oneself to a university agent when asked and section 3.2.32 distributing printed materials in violation of the Advocacy Policy from an Oct. 23, 2007, incident involving English language and literature professor Peter Koper.
Subsequently, Lennox issued an appeal March 10 via e- mail moving for an immediate dismissal of the charges.
In the appeal, Lennox said the university violated the Open Meetings Act by canceling his original disciplinary hearing and banning him from using a video camera.
Lennox also said he filed a privacy waiver with the Registrar's Office in fall 2005, outlining his right to refuse disclosure of confidential information, so he had every right to refuse a response when Koper asked him to identify himself. He said Koper's filing against him is inaccurate and states the date on the document is incorrect.
"I don't know why this isn't a simple matter; a couple of fliers were passed out in October," he said.
Lennox argues section 15.268 of the Open Meetings Act allows him to video record his hearing.
Robin Herrmann, legal counsel for the Michigan Press Association, said although a person has the right to record a public hearing, a public body can institute rules designed to minimize disruption of the meeting.
"The Open Meetings Act says they can establish reasonable rules and regulations about conduct of the meeting, and that is not limited to video taping," she said.
Dean of Students Bruce Roscoe would not comment on Lennox's discipline hearing because of the Family Educational Rights and Privacy Act, but did comment on the disciplinary hearing process as a whole.
He said higher education views disciplinary hearings as educational.
"The intent is not to punish the student, but to educate them," he said.
Roscoe also said legal council advised him that student discipline hearings are not covered by the Open Meetings Act, the Administrative Procedure Act or any other law or regulation.
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