Newsletter

September 2010

U Of C Violates Due Process

The University of Calgary’s mishandling of a Facebook group critical of one of
its professors is a black mark on the institution. In a case that goes to the
heart of free speech and rule of law, the university prosecuted 10 students
involved in the social media site named "I no longer fear hell, I took a course
with Aruna Mitra," and convicted them of nonacademic misconduct.

Now 20-year-old twins Keith and Steven Pridgen, who
started the Facebook group, have been forced to go to court, requesting a
judicial review they hope will clear their names.

Indeed the court should rule the university acted
inappropriately by disciplining the students, who have the right to express
their opinions and prove what they say is either the truth or fair comment. What
court has heard so far of what appeared on the website seems quite mild. Other
sites, such as Rank My Professor, freely allow students to say far worse about
their professors. Rank My Professor gave Mitra, who is no longer at the U of C,
the dreadfully low ranking of 1.1 out of five.

The Facebook group criticized her lack of knowledge
of the course material, said she frequently said "don’t quote me on that," and
often answered students’ questions with "what do you think?" The group also
described the professor as inept, awful, and "illogically abrasive," and claimed
that she said "um" over 260 times during one class.

The
Pridgens argue their constitutional right to freedom of expression has been
violated. The university’s position is the page was "injuring (the professor’s)
reputation and character in a public manner," U of C lawyer Kevin Barr told the
court.

Universities are supposed to be bastions of free
speech, yet U of C appears to be moving further down the precariously dangerous
path of censorship. Instead of encouraging independent thought, critical
thinking and a free exchange of ideas, the institution’s actions have put a
chill on criticism. Equally troubling is its heavy-handed, disciplinary process
which robbed defendants in this instance of a fair hearing.

One of the professors who investigated on behalf of
the university was Mitra’s spouse, and hardly impartial. When the students
appeared before the investigating panel, they were refused an opportunity to
give evidence. Surely the dean of legal studies, who headed the panel, knows
about the defence of truth, which the law of defamation affords, meaning the
students should have been given the opportunity to prove their statements.

Yet, two 20-year-olds — who paid good money to
study at the U of C– find themselves in court, seeking due diligence, and along
the way, exposing the sham of a process they were subjected to by the school.
The boys should be commended for having the courage to stand up to this
injustice.

The university needs to learn a lesson. Its actions,
at least in relation to the Facebook incident, have left it with egg on its face
and no amount of censorship will cover that up.

Calgary Herald, June 21, 2010.