My first thought was Boren did not do this without consulting attorneys. He was an attorney. We all know he was elected governor in 1974 and from there was a Senator until 2000? He also is smart and does not appear to be mentally lazy. He had the black community's vote in OKC when he ran for office and I would guess maybe Tulsa's also. Thus, he has been involved in racial issues to some degree by engaging the black community and in holding office. He has also been at the university for 14 years or so, thus believe he would know issues that would be involved in this matter. However, looking online it seems most first amendment scholars say expelling the two students probably violated the first amendment. The following is a quote from an article online: The university president wrote that the students are being expelled for “your leadership role in leading a racist and exclusionary chant which has created a hostile educational environment for others.” (I added the bold.) So this bolded language Boren is using to say their actions fell within an exception to the first amendment, but supposedly this exception hasn't been clarified by the Supreme Court. Personally, and am not a constitutional scholar, I don't think the students' chants fall under the exception. Also, if the university were to win on the first amendment issue then they still did not afford the students due process. It appears they were entitled to a hearing before being expelled.
As far as the students signing away their rights to free speech, that would only be in regards to the fraternity not the university.
The university owns the SAE structure but I would question whether Boren could make them move out that quickly even though the members had all been suspended by the national SAE.
If you are the students and the parents, do you sue? I mean lawsuits are not fun and this one would be especially unpleasant. Do they just get an attorney and negotiate a settlement from the university without filing a suit? I am baffled by how Boren has handled the legalities of this situation. I also wonder what attorneys advised him......some on staff? some constitutional experts?
I can't imagine the universities' attorneys did not huddle with Pres Boren like a hoops team up by one, 3 seconds on the clock and the opponent has the ball out under their basket in an NBA final championship game #7! And they made the best plan possible to "defend" the universities' interest. And maybe, just maybe they had to pick their poison and take the path less deadly.
Food for thought...
1. I haven't seen an OU student admission agreement form of late, but if there is not a clause stating that a student is subject to expulsion for certain behaviors, deemed inappropriate
by the university...then I'd be very surprised. If it was not in the document, it is now for moving forward.
2. Based on the litigious society we live and many who do not take responsibility for their actions and just walk away, SETTLING for a valuable lesson learned...I would not be surprised if parents and students do not request a settlement for their "inconvenience" of having to move, receive incomplete grades...amongst other consequences and repercussions... and TRY to find another school (good luck with that).
3. The university attorneys and Pres Boren may have concluded that the university will have to take some responsibility (fiscally) because of what "their students" did and realize it will cost them something, but nothing compared to the cost of not taking immediate action and expelling them.
4. News reports state that protesters were marching outside the home of one of the student's parents, stating their was no one home and not likely to return soon. Maybe they should have stayed put and brought their son right out to the front yard and made him sit and listen. Tough love is priceless.
5. It happens everyday, everywhere...prejudice and racist acts. There are those who are caught and those who get away for the moment. Hopefully the consequences and repercussions facing these two students will cause others to stop and check themselves and ask, "Is it worth the potential humiliation to myself, my family and friends, my job/education/career/ability to earn a wage and self worth?"
6. Is this affecting/costing the university? Absolutely, but again...they need to keep making lemonade, lemon pie, lemon smoothies...take every negative and make a positive. Relative to sports/this forum...yes a recruit has de-committed, but how many other recruits have simply marked OU off the list and we'll never hear about it?
Kudos to Pres Boren for doing the right thing expeditiously...even when it might cost a few dollars to the university. I'm sure other "idiots" (some have referred to them as such...and I agree...the epitome of idiots) will continue to have their prejudiced mentality, but they will think twice (maybe) before acting it out. Then again...as long as MINORS have access to alcohol we will always see true beliefs acted out. Just blame it on the alcohol...
