LBCC: Student Suspended for "Dress Code" Violation

Photo courtesy of The Commuter

On the same afternoon of Diversity Day festivities, LBCC faculty sat down for a serious conversation regarding an African-American student suspended because of a "dress code" violation.

Last Friday 40 concerned staff gathered to discuss student rights, discrimination and systematic oppression.

On April 23, Jamaal McGinty was confronted in the Learning Center by a staff member who felt he was dressed inappropriately. McGinty was wearing saggy jeans exposing his boxers.

After declining the request to pull his pants up he was asked to leave the Learning Center. McGinty refused and security was called. He was unable to produce student identification, so he was escorted from the building and suspended from campus for two days.

Terryl Ross, director of community and diversity at Oregon State University, was invited to the meeting to lead discussion about this scenario.

When the events surrounding the issue in question were recited to the crowd, a confused staff member asked, "What's the dress code?" An immediate, confident and simultaneous response from several colleagues was, "There is no dress code!"

Here lies the problem.

“There were lots of people outraged, upset, stressed out, and whispering," said Librarian Richenda Hawkins.

The Student Code of Conduct states that students disrupting the learning process can be removed from a classroom or work area. However in this case it appears the student's behavior was not disruptive. He was seated, doing homework.

It boils down to a conflict of preference in dress attire between the staffer and the student.

“Why do we think my comfort level takes away from someone’s right to be an individual?” said Dana Emerson, communication instructor.

The subject can be a slippery slope. On campus many styles are seen. Rebel flag logos, cross-dressing, turbans, and "goth attire" to name a few.

Is it fair to ask a student wearing a rebel flag on their shirt to cover it or leave the classroom? It too can be offensive, but is it unlawful to wear it? 

The answer is no.

Students are protected under freedom of speech laws in school just as they are outside of school. Disagreeing with a fashion choice does not give the right to remove a student unless it specifically disrupts the learning process, according to campus policy. 

“If we’re going to name what happened last week, it’s racial profiling,” said Javier Cervantes, director of the Diversity Achievement Center.

In order to suspend the student, several staffers were involved in green-lighting the action. The suspension fell during week five of a 10-week-term, in the midst of mid-terms.

“Every step of the way there was an assumption of guilt on the student’s part," said Hawkins.

After suspension, that assumption became a question.

Upon returning from his disciplinary action, the suspension was erased from his official record. The school recognized injustice and attempted to correct it. 

However, no internal announcement of failed protocol was made to staff nor was a suggestion of how to avoid it in the future. Instead a bothered librarian, Bryan Miyagishina, got the ball rolling with a staff-wide email initiating a sit-down.

“I’m optimistic that our administration is listening,” said Miyagishina.

Among attendees were several representatives of Oregon State University. The student was dual-enrolled on both campuses.

“The impact has a ripple effect and it spreads and gets to those communities,” said OSU faculty Earlean Wilson-Huey.

Indeed it impacts neighboring communities and those involved. Not only were McGinty's rights violated but he has two campuses to talk among peers about the questionable practices of LBCC.

“I can’t believe we did this here to one of our students. Something like this changes us fundamentally. As a group of faculty it is our job to protect our students and we failed them," said Jenny Strooband, animal science instructor.

Faculty that were present, and many that were not, are determined to learn from this situation and set motion to a plan that will stop something like this from happening again.

Notes were taken, action plans were outlined, and departments were assigned to the next step in continuing to address and correct this issue campus-wide.

“It has come down from people at the top that this is important,” said Jane Tillman, student affairs specialist.

The included staff felt it was important for students to know their rights and where to go if they feel they are being violated. Any concerns on campus should be brought to the Human Resources Department in the Calapooia Center.

A supervisor in the department, Scott Rolen, was present at the meeting. He made it clear that all complaints brought to their attention will be investigated moving forward.

“There’s a lot of eyes here and there’s a lot of mouths here, so let’s speak up," said Rolen.

-Extras-

Systemic Oppression: The exercise of authority or power in a burdensome, cruel, or unjust manner. Socially supported mistreatment and exploitation of a group, category, team of people or individual.
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