SGA Affairs Beat

Protection for student publications omitted from original proposal
Specific language protecting press added late Monday

Kristin Davis - Special Correspondent

A specific anti-censorship protection clause cited in the existing Students’ Bill of Rights was originally omitted in a new proposal that may be voted on by the Student Government Assocation senate tonight.

Article I, Section D of the current Bill of Rights states: “Student publications shall have the right to be free from censorship.”
Subsection 1 employs authority to a publication’s chief editor and any members of his or her staff to whom that chief editor delegates responsibility.

The original version of the proposed revised bill, authored by sens.
Dustin Bayard and Mark J. Miller, made no specific reference to the press, an exclusion reversed Monday afternoon.

SGA President Xan Harrington said Miller added specific language protecting Student Publications from censorship to the revised version of the Students’ Bill of Rights Monday afternoon.

A not-yet-finalized version of the proposal obtained by The Appalachain Monday now includes a section protecting all student publications from censorship.

“The Administration of Appalachian State University shall make no policy abridging the freedom of the press. All student publications shall be free from censorship,” states the updated version of the proposal.

Bayard, a Student Government Association vice presidential candidate and second-year senator, said the free press clause was implied in the original version of the revised bill under Section 3, “On the Freedom of Speech.”

“Under Section 3, the university [could not have imposed] any type of censorship. The new bill says basically the same thing [in regard to student publications],” said Bayard, in reference to the initial lack of a free press protection clause.

The original version of the proposed passage stated read: “The right of all students to express themselves shall not be infringed. The entire campus of Appalachian State University … shall be a safe haven of free speech. The area in which students are allowed to exercise free speech shall not be restricted.”

Bayard said a primary complaint with the current Students’ Bill of Rights is the specific language.

“There could be loopholes that would lead [university officials] to infringe upon the rights of students,” he said.

Prior to Miller’s decision to add a section devoted to protecting the student press, Dr. Paul Gates, assistant professor of communication, said he doubted the deleted section could have led to university limitations on Student Publications.

“Speech codes cannot restrict speech—that would be a violation of the [United States] Constitution,” he said.

However, it is always good to affirm freedom of the press, said Gates, who teaches a course in communication law.

“I like to see the two [free speech and free press] together. They are in the First Amendment together for a reason,” said Gates.

“You cannot have free speech if you can’t write or publish it,” said David W. Freeman, director of Student Publications and a long-time newspaper veteran.

“If [the press omission] is more than an oversight, it is a misguided effort because the consequences are going to be the exact opposite of what you want,” said Freeman.

Bayard said the existing Students’ Bill of Rights’ omission of the right to peaceably assemble and freedom of religion on the Appalachian campus spawned the drafting of the new legislation.

“[The existing bill] guarantees rights under circumstances,” said Bayard. “We want free speech regardless of circumstances.”

In Focus: One Staff Member's Struggle

N.C.’s insurance switch creates financial
dilemma for Ellis family

April Klaassen - Staff Writer

While students may be worried about pre-spring break exams and due projects, Peggy Ellis, a staff member in the political science and criminal justice department, worries whether or not her 14-year-old son will make it to the age of 30.

Ellis’ doctor discovered last summer during a physical required for her son to play football he had a hole in his heart. Ellis was already concerned with another issue at hand—a proposed insurance cost increase for Appalachian State University staff members and North Carolina state employees.

“[Allen] was getting ready to enter eighth grade,” said Ellis. “It was while they were talking about a raise in insurance.”

Allen’s condition, which is known to cause heart failure, left Ellis worrying about how she and her husband would pay for the solution.

“It required surgery, a new kind,” said Ellis. “We were not sure how much [the insurance] would cover. Since then we learned that he cannot have the surgery because it causes blood clots.”

Despite the impossibility of surgery, Ellis’ son needed treatment.
Because of the 30 percent increase, Ellis attempted to obtain the cheaper university insurance. However, she was unable to transfer her son to the cheaper insurance.

“We tried to go with Blue Advance through ASU because it’s cheaper,” said Ellis. “I could not do it because it cannot cover children with a hole in their heart.”

“I tried to get insurance (through husband) in November 2001, but I could not because of pre-existing conditions,” said Ellis.

In search of a solution, Ellis wrote Chancellor Francis T. Borkowski a letter concerning her son’s condition.

“I understood legislators were trying to pass a $625 increase in salary and a 30 percent increase for insurance benefits,” said Ellis. “I explained my situation with my son.”

Ellis also hoped to deter the insurance cost increase.

“I was hoping to get them [the Board of Trustees] to see that people here on this campus were struggling,” said Ellis.

The staff members received the salary increase as well as the insurance cost increase. However, the increase in the cost of insurance voided the salary increase, leaving Ellis angry and anxious about her son’s future.

“I wasn’t sure what was going to happen,” said Ellis. “At first, I was mad about what they were going to give us. What increase we’ve gotten has been eaten up by the increase in health insurance. It frustrated me and just seemed unfair. I still do not know what they are going to do with my son’s heart condition.”

Borkowski said he remembers Ellis’ letter among many others.
Although he took no direct action with Ellis’ letter, he mentioned her struggle when explaining staff member concerns.

“I did have a discussion with Harvey Durham [provost and executive vice chancellor] about it,” said Borkowski. “I shared with him what the concern was. It is one example of about 12 from staff people over the past year.”

“I referred to [Ellis] in talking with the Board of Trustees and legislators,” said Borkowski.

Because of her own situation, Ellis said she empathizes with other struggling staff members.

“I was listening to the chancellor’s opening remarks one Friday morning. I did not realize there were people working on this campus as hard as they do and they need to ask for assistance,” said Ellis.

Ellis, who is the current president of Staff Council, said she attends Board of Trustees meetings in order to inform the members about the lives of staff members and show support for the recently proposed $150 tuition increase.

“I’m trying to do all I can to help the staff get better pay,” said Ellis.
“I attend those meetings so I can let them know what is going on with the staff. I told them I am having a hard time. I cannot imagine making $15,000 to $16,000 a year.”

Lack of support from faculty for the proposed tuition increase, which may improve conditions for staff members, upsets Ellis.

“The one thing that frustrated me was I didn’t understand why Faculty Senate had to bring on a motion,” said Ellis. “It didn’t concern them. We did not pass a motion when it was in their pockets.”

With the proposed tuition increase falling on students, Ellis said she empathizes with the students, but sees no other solution.

“I understand Xan [Harrington, SGA president,] has to look out for the students,” said Ellis. “I don’t like that it burdens students, but we have to go somewhere to get money into the pockets of staff and get them above poverty level ... staff [members] feel it shouldn’t come from students, but at the same time they don’t know where else it can come from.”

“One of the Board of Trustee members made a comment that this would cause parents to be in the bind staff are in,” said Ellis. “But, if parents can’t afford to send their children to college, they can get financial aid.”

Ellis said she hopes students will understand the staff’s position on the tuition increase.

“I hate confrontations and I don’t want the students to see the staff as bad people,” said Ellis. “I don’t want students or their families to bear the brunt of this. There’s got to be a way everyone can be happy.”

Worry still frequently plagues Ellis.

“I have to take my son and have check-ups done on him,” said Ellis.
“He has regular high blood pressure. I worry a lot. I wonder if we will get any kind of increase this year. Worry and stress go along with this position.”

Ellis and her family face the unknown.

“We’re just waiting to hear back from the pediatric cardiologist,” said Ellis. “My son could have a stroke between the ages of 20 and 30. I don’t want to do nothing because of the money situation, but I don’t want to get in debt so much I can’t get out.”