Final Exam Question

Issues in this scenario range from Samuels mother writing the university about her son being
denied admission originally regarding their admission policy. The policy clearly states that
students are admitted on the basis of scholarship, character and motivation without regard to
race, creed, or sex. Samuel and his mother probably felt as if he was being discriminated against
because of him being Caucasian or because of other students he knew had been admitted were
African American. Only after the letter from Samuels mother did the university admissions
office say they made a mistake in the admission decision. The Assistant Dean of Admission,
allowed that student and mother to feel as if something doesnt go as expected then a letter
complaining will get them the desired outcome.
Another issue was the mother disclosing health information to the Student Disability Center
(SDC) that her son did not plan to disclose. The scenario does not state he was not required to let
the institution know this information but knowing the diagnoses he has they can present
themselves as problems for the student and those around him when accommodations are not
made with instructors. Outbursts in class, stemming from Tourettes syndrome, can pose issues
with classroom disruption and could possibly lead to him being asked to leave class. Samuel can
only help himself in this situation by completing the necessary paperwork and returning it to the
SDC.
The student group formed by Samuel and some friends with a common interest in zombies was
one that doesnt say they had applied to form the organization with the university officials. The
application could possibly be denied based on the fact that the group may cause disruptions on
campus with their mock zombie battles. They could possibly in cite fear for other students or
faculty on campus not aware of what they are doing. The group had free screenings of movies in
their dorm rooms without prior approval.
In class Samuel yelled out in class, which could have been a result of his Tourettes syndrome,
and it caused a disruption in class and made another student afraid who in turn reported the
outburst to the judicial affairs office. Had Samuel worked with SDC there could have been
documentation of his health issues that could have possibly affected the way judicial affairs
responded to Vickies report about his behavior in class she felt as threatening. This action would
fall under what our text addresses as a true threat. While Samuel may have not meant anything
by yelling out die during class Vickie felt it was a viable threat and was frightened by his
behavior and outburst. A true threat is a statement that a reasonable recipient would have
interpreted as a serious expression of intent to harm or cause injury to another, and the recipients
reaction must be a reasonable one even if he or she suffers some unique sensitivity. (Alexander
& Alexander, pg. 256) This was a threat that Vickie took very seriously and felt as if it was a

threat, whether to her or just in general based on the spontaneity of the outburst along with what
she felt was strange behavior exhibited by Samuel.
The judicial affairs office took the reported threat seriously and contacted the University Police
to report it and have them investigate the situation. Due to the report University Police had the
housing office let them into Samuels room for a search. The true threat was reasonable cause for
the dorm room to be searched. While the search did not result in the police finding any weapons
or anything that showed evidence of any intention to cause harm to anyone, they did find candles
and a pet rabbit, which both are prohibited items for students to have in their dorm rooms.
Vickie also reported the incident with Samuels outburst to her professor, Dr. Lecturer. Dr.
Lecturer took notes and made a detailed report, which included Samuels name and student ID
number to share the information. She failed to secure the information prior to leaving her office
to meet with her department chair. Another issue is the fact that Dr. Lecturer was teaching a
history class, History of Zombie Films that the dean and department chair felt was not an
appropriate topic for the class and she should stick to what they felt was normal topics. This
was the reason for her being called to the department chairs office.
While she was away the information was compromised after it was viewed by a student assistant,
Edward, who came into her office while she was away to deliver mail. He read the information
and started to make calls to other students he thought may know Samuel to gain more
information about him. Dr. Lecturer came back in and overheard his conversations. She stressed
to Edward, by threatening him that he should not print any of the information he read on her desk
in the school paper. She told him that she could lose her job as a result of any of the information
being shared with anyone else and he would be fired as a student assistant.
First Dr. Lecturer violated the Family Rights and Privacy Act of 1974 (FERPA) by leaving out
documentation with Samuels name and student ID number on it. This action resulted in Edward
getting this information and he decided he would use it to write a story. Edward sharing that
information with others to gain more information about Samuel could be viewed as defamation
of character. Defamation is defined as communication to others that diminishes the good name of
someone.
Samuel was dismissed from Big State University on the basis of making threatening statements.
This was a violation of Samuels due process as he was not given any notice to prepare a defense
or review the information against him. He was dismissed from the university without being able
to know any specifics other that he was being dismissed because someone reported he made
threats. The judicial affairs department failed to give Samuel any notice of a hearing. He tried
explaining that it was a misunderstanding but the judicial affairs office told him that the decision
has been made.
The dismissal of Samuel from the university resulted in his friends from the zombie group
starting a disruption on campus and carrying signs and shouting loudly enough to be heard inside

of the campus administration building. This is a violation on campuses time, place and manner
rule. While the students had a right to protest the dismissal of their friend they caused a
disruption of campus operation and traffic during their protests. As a result they were forced to
leave by university police officers.