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THE UNIVERSITY DAILY KAASAN
PAGE 2A
NEWS MANAGEMENT
Editor-in-chief Emma LeGault
Managing editor Madison Schultz
Production editor
Paige Lyle
digital editor
Hannah Barling
Associate digital editors
Stephanie Bickel
Brent Burford
ADVERTISING MANAGEMENT
Advertising director Christina Carreira
Sales manager
Tom Wittler
Digital media manager Scott Weidner
NEWS SECTION EDITORS
News editor Amelia Arvesen
Associate news editor Ashley Booker
Arts & features editor Lyndsey Havens
Sports editor Brian Hillix
Associate sports editor Blair Sheade
Special sections editor Kate Miller
Copy chiefs Casey Hutchins Sarah Kramer
Art director Cole Anneberg
Associate art director Hayden Parks
Design Chiefs Clayton Rohman Hallie Wilson Opinion editor Cecilia Cho
Multimedia editor
George Mullinix
Associate multimedia editors Ben Lipowitz
ADVISEPS
Sales and marketing adviser
Jon Schitt
Media director and content strategist Brett Akagi
CONTACT US
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www.kansan.com
Newsroom: (785) 766-1491
Advertising: (785) 864-4358
Twitter: @KansanNews
facebook, facebook@thekansan
The University Daily Kansan is the student newspaper of the University of Kansas. The first copy is paid through the student activity fee. Additional copies of The Kansan are 50 cents. Subscriptions can be purchased at the Kansan business office, 2051A Dile Human Development Center, 1000 Sunnyside Avenue, Lawrence, KS, 66045
The University Daily Kansan (ISSN 0746-4967) is published daily during the school year except Friday, Saturday, Sunday, fall break, spring break and exams and weekly during the summer session excluding holidays. Annual subscriptions by mail are $250 plus tax. Send address changes to The University Daily Kansan, 2051A Dole Human Development Center, 1000 Sunnyside Avenue.
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The Weekly Weather Forecast
weather.com
THURSDAY, NOVEMBER 13.2014
FRIDAY
HI: 36
LO: 21
Partly cloudy with a 0 percent chance of rain. Wind SE at 6 mph.
SATURDAY
HI: 34
LO:19
Cloudy with a 90 percent chance of snow showers. With SSE at 12 mph.
SUNDAY
HI: 29
LO: 14
Cloudy with a 30 percent of snow showers. Wind WNW at 11 mph.
MONDAY
HI: 31
LO: 9
Thursday, Nov. 13
What: Veggie Lunch
When: 11:30 a.m. to 1:30 p.m.
Where: Ecumenical Campus Ministries
About: Enjoy free produce and a hearty lunch.
Calendar
Partly cloudy with a 0 percent chance of rain. Wind NW at 17 mph.
Friday, Nov. 14
What: Public Speaking Workshop When: 9 to 11 a.m. Where: 204 JRP Hall About: A workshop that focuses on the basics of public communication including mitigating fear.
Saturday, Nov. 15
What: International Games Day
When: 9 a.m. to 6 p.m.
Where: Lawrence Public Library
About: Stop in and play games all day.
Sunday, Nov. 16
What: Movie Showing: Tammy
When: 2 to 5 p.m.
Where: Kansas Union, Woodruff
Auditorium
About: A free showing of the R rated movie hosted by SUA.
University student expelled for 6 tweets
CASSIDY RITTER
@CassidyRittert
Navid Yeasin, a would-be senior, was expelled from the University halfway through the semester last November. In a hearing scheduled for Nov. 17 at the Douglas County District Court House, Judge Robert Fairchild will determine, or state whether more time is needed to determine, Yeasin's enrollment status for spring 2015.
Yeasin attempted to enroll in classes this fall for spring 2015 twice but was denied, leading to the hearing, Terry Leibold, Yeasin's lawyer, said.
A "bad breakup" that started in the summer of 2013 led to a no-contact order. Twitter problems and ultimately, the expulsion for Yeasin.
NO-CONTACT ORDER BEGINS
In Johnson County in summer 2013, an argument occurred between Yeasin and his now ex-girlfriend after he saw messages from another man on her phone. The two drove around arguing and she asked Yeasin to let her out, but he refused. He also refused to return her phone.
She complained to the Johnson County police. Court records show Yeasin was charged with criminal restraint, battery and criminal deprivation of property. To resolve this incident, Yeasin voluntarily entered a no-contact order, meaning he could not contact his ex-girlfriend.
"The judge who entered the order ruled that it was entered by consent with no findings of abuse," Leibold said. "In order to comply with the no-contact order, Navid removed the ex-girlfriend as a follower of his tweets. His Twitter account was private and could only be accessed by his followers."
Upon arrival to the Univer
sity in the fall 2013, Yeasin's ex-girlfriend notified the IOA of the summer incident. This led IOA to issue its own no-contact order, similar to the order given in Johnson County. Yeasin was, and is still, not allowed to have direct and indirect contact with his ex-girlfriend.
"IOA issued the no-contact letter because Yeasin had engaged in abusive and threatening behavior that made the victim afraid to be on campus, and he had continued to post negative tweets about her, which were causing her further distress and fear," Erinn Barcomb-Peterson, director of KU News Service, said in an email.
Yeasin expressed anger and frustration by tweeting about the ex-girlfriend but did not send the tweets to her or use her name.
"In addition, the tweets were not threatening in any manner," Leibold said. "The tweets made their way back to the ex-girlfriend who told the IOA about the tweets claiming the tweets were in violation of the no-contact order issued by the IOA... The tweets were no different than if Navid had complained to his friends about his ex-girlfriend and whatever he said ultimately reached the ex-girlfriend."
IOA met with Yeasin on Sept. 6, 2013, and he was told "his tweets violated the non-contact and anti-retaliation directive," according to Barcomb-Peterson. The IOA extended the no-contact order saying he was prohibited from even talking about the ex-girlfriend, including indirect contact via tweets. Leibold and Yeasin said this is a violation of freedom of speech granted by the First Amendment.
tent-based restriction and that's a violation of the First Amendment rights"
more tweets were made, again not naming the ex-girlfriend. There are a total of six tweets from Yeasin's Twitter, which the IOA said violated the no-contact order, according to Leibold.
"KU can't order somebody to not talk about somebody else." Leibold said. "It's a con-
The rules are in place to make sure that the University is safe, but I have to question the people who are enforcing the rules on what they're thinking."
NAVID YEASIN Expelled student
Last November, there was a formal hearing with the IOA to investigate the allegation of sexual discrimination and harassment, said Leibold. At this hearing, an additional tweet was presented even though the rules required that each side present any evidence they are going to use prior to the hearing.
THE FIRST HEARING
"Vice Provost Durham found that Yeasin's misconduct warranted expulsion because it violated: the University Sexual Harassment policy, the 'No Contact' directive and the IOA's Sept. 6, 2013, clarifying letter," Barcomb-Peterson said in an email.
A week after the hearing with IOA, Yeasin received the letter from the University expelling him.
Durham concluded Yeasin's conduct was a threat of danger to his ex-girlfriend, interfered with her learning and equal opportunity to participate and benefit from the University — all things Title IX protects, Barcomb-Peter-
The University expelled Yeasin under Article 19 of the Student Code of Conduct which reads, "While on University premises or at University sponsored or supervised events, or as required by city, state, or federal law, students and organizations are subject to disciplinary action for violations of published policies, rules and regulations of the University of Regents, and for the following offenses."
son said in an email.
"Because his conduct [the tweets] occurred off-campus and because the IOA's order violated his free speech rights, Navid filed an appeal with the University Judicial Board in December of 2013," Leibold said.
The offenses mentioned include offenses against persons, property and orderly process of the University, along with offenses by an organization.
The chairperson of the University Judicial Board dismissed Yeasin's appeal in February 2014 without allowing it to be heard by the full Judicial Board. The chairperson stated Yeasin "failed to allege a proper ground for appeal," Leibold said. This meant that Yeasin was still expelled from the University.
In March this year, Yeasin filed a petition for judicial review of the University's action with the Douglas County District Court.
On Sept. 26, Douglas County District Court Judge Fairchild agreed with Yeasin that the University didn't have jurisdiction to discipline for off-campus conduct. Judge Fairchild ordered Yeasin's expulsion be set aside and that he should be allowed to enroll for classes in spring 2015.
ENROLLMENT ATTEMPTS
Yeasin attempted to enroll two times and was denied
despite Judge Fairchild's decision. The University filed a motion for Judge Fairchild to reconsider his decision. The University also ordered that Judge Fairchild's decision would not be in effect until the post-judgment motions and any appeals have been decided. This decision to reconsider will be heard Nov. 17.
The post-judgments for the Nov. 17 hearing include Yeasin's motion for "order for payment of transcripts and to reimburse his tuition and his motion for an order to hold KU in contempt for not allowing him to enroll," Leibold said in an email. The University's motions are "for the judge to reconsider his decision and for a stay of the court's judgment pending the motion for reconsideration and any possible appeal," Leibold said in an email.
"Ive already done so much for this University by being an R.A. and doing Relay for Life and being a summer C.A. for them," Yeasin said. "The fact that they just don't care at all about my rights, and the fact that I haven't done anything wrong is really frustrating and it seems like no matter what we do they really don't care. It's kind of discouraging."
I understand they [the University] are under pressure under Title IX to enforce their rules, and I'm in support of that, but they have to do it between their own rules," Yeasin said. "The rules are in place to make sure that the University is safe, but I have to question the people who are enforcing the rules on what they're thinking."
Yeasin is majoring in petroleum engineering, and the University is the only school in Kansas with the major. He said he would like to put this matter behind him so he can return to class and graduate
— Edited by Amelia Arvesen
SENATE FROM PAGE 1A
"It's been our goal ever since we got into office the first time—and then again especially after the second time we got into office," Admussen said. "You know, these rules aren't perfect they need to adapt every year, and we feel like the improvements we're making, make elections more fair and more transparent."
FIRST BILL: THE COMPLAINT PROCESS
thoughts.
Those running in the election can file complaints against the opposing coalitions if they believe a violation has been committed within Student Senate rules and regulations. Complaints are heard by the Elections Commission and if a candidate is found in violation of a rule, sanctions are implemented by the Elections Commission, resulting in possible disqualification.
The first bill presented entailed changing the complaint process during the duration of elections.
The changes would force complainants to submit complete complaints and the respondent has the right to know the entirety of the complaint, 24 hours in advance, so they have the ability to prepare a defense. Admussen said complaints should be complete to avoid overly used and frivolous complaints.
"So you can't just say, 'They violated this rule, turn it in, they violated this rule, turn it in.' That's an abuse, that's frivolous," Admussen said.
The bill also does not allow for the introduction of new evidence at the Elections Commission hearing by those presenting the complaint. They have to turn in all information and evidence with the complaint.
Admussen said he wanted the changes to reflect a fair judicial process.
Admussen said during last year's election the respondent would not receive a copy of the complaint before the hearing, just a notice that would include the rule that was allegedly violated.
"You can't come up with a surprise witness, because, again, that's not adequate time for the respondent to prepare a defense," Admussen said.
The bill would also make it possible for the Elections Commission to dismiss a complaint by a two-thirds vote if they feel the complaint doesn't have probable cause that the incidents actually occurred.
SECOND BILL: ELECTIONS COMMISSION REDEFINED
The proposed changes would create positions within the commission, like an outreach chair and a secretary. The Elections Commission includes five members, and they will now all have defined positions. This bill also mandated that the commission take minutes on all hearings, something they didn't do in the past.
The second election reform bill detailed the roles of members of the Elections Commission. Cota presented the bill and said he discussed possible changes with last year's Election Commission chair, Jake Rapp, and he suggested several ideas.
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Along with creating positions within the Elections Commission, the bill also removed one key criteria for those allowed on the board. In previous years, the rules did not allow anyone who had ever worked for Senate or had been a senator in the past to serve on the Elections Commission.
Cota also said they overturned the rule twice last year to appoint the chair and another member who had been senators about six years ago.
They removed this because it is difficult to find those who are qualified and understand the senate rules and regulations that have never been associated with senate.
— Edited by Amelia Arvesen
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