David Jesse

Detroit Free Press

Lawyers with the American Civil Liberties Union of Michigan have sent a letter to Eastern Michigan University's president asking him to stop disciplinary proceedings against black students who participated in a sit-in against racism.

"Public universities should be places where students are encouraged to engage in the political process and where protection of the free exchange of ideas is at its zenith," the letter, dated Thursday, says. "Instead of threatening to expel these students, the university should thank them for standing up in the face of an environment of hate and working to make EMU a more welcoming place for students of color."

►Related: Black EMU students face expulsion for sit-in over racist graffiti

►Related: KKK, racial slurs painted on EMU building spark protest march

►Related: EMU students stage silent march against racism

Several faculty members also met with Calvin Phillips, the associate vice president for student affairs, Friday afternoon to discuss the discipline of the students.

Several Eastern students have been summoned in front of a student disciplinary board, charged with violating the student Code of Conduct following an all-night sit-in at the university's Student Center.

The protest took place during the early-morning hours of Nov. 2. Black students, continuing a string of marches and protests following the spray painting of several racist sayings around campus, marched into the student center. They chanted for a bit and then settled in to do homework and talk.

Police officers warned the group they would have to leave the student center when it closed at 1 a.m. or face the consequences of violating the student code of conduct. About half the group left. Police returned after 2 a.m. and specifically ordered the protesters to disperse. They then recorded the protesters on video and formally told them if they stayed they would be in violation of the student code of conduct and could face expulsion.

The group stayed until about 6 a.m.

Then, several students began getting notices from the university that they faced disciplinary action.

The protesters facing discipline declined Friday to say what punishment was being handed out by the university.

"Due to federal privacy laws, the university does not discuss individual cases involving students, and as such we cannot provide any further detail on the outcome of any cases," spokesman Geoff Larcom said in an e-mail to the Free Press. "Eastern Michigan University encourages our students to exercise the right to express their views on matters of public importance and matters that are important to them. EMU has always and will continue to support the rights of our students to peacefully demonstrate on issues of importance to them.

"Over the past two months, the university has worked diligently with our students to manage the protests peacefully, and with a great level of appreciation and respect for students’ anger and frustration over the incidents that have occurred."

Larcom said EMU President James Smith was off campus Friday and unavailable for interviews.

Larcom earlier told the Free Press the university had no choice but to bring the charges, adding the student code doesn't allow for judgment calls on a case-by-case basis. "It's the student code. You can't pick and choose" what to enforce.

​►Related: Hundreds show up at EMU rally to protest racism

►Related: Reward doubled after more racist graffiti found at Eastern Michigan

Student Michael Woods' e-mail says he faces charges of disruptive behavior, failure to comply and violating policies regarding the use of campus facilities.

That's not right, the ACLU said in its letter.

"Students of color and religious and ethnic minorities feel like they are under siege, unsafe and unwelcome on campus," the letter said. "Rather than accept the racially hostile environment on campus as the status quo, students of color and allies, in the best American tradition, began to organize and demonstrate.

"In response to this harmless protest against hate and racial intolerance, EMU has singled out four African American students who helped organize the sit-in for expulsion proceedings. The university exercised its discretion to forgo discipline of the rest of the protesters.

"Finally, if EMU cares about attracting a diverse student body, prosecuting these students is a public relations disaster. It is bad enough that people are painting “KKK” and threatening racial epithets on campus buildings and EMU cannot catch the perpetrators. But to top that off, the administration is insisting on expelling African-American students for leading a harmless, nondisruptive sit-in as a response to the hate. People of color and religious and ethnic minorities do not feel safe on campus and are traumatized. Your response is viewed as callous and may scare away hundreds of prospective students of color who might otherwise consider EMU."

Mark Fancher, a lawyer for the ACLU, tried to attend the meeting of faculty members with Phillips, the associate vice president for student affairs, but was told he couldn’t participate without university attorneys present. Fancher then went over to the university counsel’s office, where he says he had a "meaningful" conversation about the case. Fancher didn't detail that conversation.

After the meeting, Carla Harryman, a professor of English, Literature and Language, told a group of faculty and students that Phillips would not give any details about the discipline.

"What we can infer is they are treating them like vandals," Harryman said.

About 50 students and faculty then marched back into Phillips' office. He met them and after confirming the discipline was still ongoing, declined to answer questions about why the administration was pressing code of conduct charges against the students.

That just agitated the crowd, whose members said the administration was picking the wrong side of the battle to be on.

"Your office is presiding over a slow motion train wreck," longtime Eastern professor Mark Higbee told Phillips. "Instead of fighting against the racists who did this, you redirected the fight as between administration and the protesters."

Contact David Jesse: 313-222-8851 or djesse@freepress,com. Follow him on Twitter: @reporterdavidj.