October/November 2021
On Campus and Awaiting Trial The university accepted a student who has been charged with sexual assault and allowed him to live on campus. FAU doesn’t conduct background checks. There’s no way to know how many other students may also be in this situation.
Story on pg. 10
F I R S T I S S U E I S F R E E ; E A C H A D D I T I O N A L C O P Y I S 5 0 C E N T S A N D A VA I L A B L E I N T H E N E W S R O O M .
Vol. 24 | 3 | 10.25.21
Staff
Editor-in-Chief: Gillian Manning
Managing Editor: Kendall Little
Sports Editor: Richard Pereira
Web Editor:
Marcy Wilder
Features Editor: Darlene Antoine
Photo Editor:
Eston Parker III Entertainment Editor: Kizzy Azcarate
Creative Director:
Michelle Rodriguez-Gonzalez
Copy Desk Chief:
Table of Contents 4 7
Bryanna Shaw
Social Media Manager:
Michael Gennaro Katherine Ambrosio Villegas
Contributing Writers: Melanie Gomez Tyler Childress
Want to Get Involved? Contact: Marcy Wilder Email: mwilder2019@fau.edu General Meetings: Friday 2-3 p.m. Student Union, room 214 Want to place an ad? For national/regional ads contact: upressonline.com/contact/ Advertising in the University Press is not necessarily endorsed by the University Press. Publisher: FAU Student Government. The opinions expressed by the UP are not necessarily those of the student body, student government, or FAU. Cover Photo: Eston Parker III
2 | VOL 24, Issue 3
GEO Group: Partnership Unlocked
10
On Campus and Awaiting Trial
14
Scooters and Liability
Advisers:
Wesley Wright Ilene Prusher Michael Koretzky
Student Body Diversity
17 Harbor Branch Lawsuit 20 Housing Cancellations 22 Anti-Abortion Protesters
Content warning: This article features graphic images that may be upsetting to some readers.
Newspaper Theft, a Lesson Learned By Gillian Manning
In what may be a response to recent Student Government coverage, we’ve noticed our issues tossed in the trash. From now on, an individual’s first copy of the issue is free, but additional copies will cost 50 cents each. Copies of the UP’s September issue have been found in trash bins. Bundles of approximately 50 issues are being removed from the news racks around campus and thrown into nearby trash cans by an unknown perpetrator. As of Oct. 20, at least 650 copies have been found in the garbage. The issues were initially released on Sept. 20 and featured an image of Student Body President Maxwell Simonson and Vice President Lily MacDonald. The cover displays their differing opinions on COVID-19 safety measures. The issues began to disappear on Sept. 29, the day that the UP published a story about a resurfaced controversial TikTok that Simonson posted last spring. The video’s caption read, “When your Chinese friend forgets his leftovers from your house.” In the video, Simonson proceeds to pull a dog from the refrigerator. By throwing away our articles, the perpetrator (or perpetrators) have tacitly acknowledged their belief that our audience trusts what we write. For that, I am flattered. It should be noted, though, that the UP receives its funding from Student Government. Student Government receives its money from students’ tuition payments. By throwing away our work, the perpetrators are throwing away your money. We have been working on campus with Student Union Director Michael Cooper and FAU Police Officer Marissa Buchanan, and with the Student Press Law Center to recover security footage and find those responsible. The UP will pursue criminal mischief charges against those found responsible for trashing September’s issues. If people are caught stealing this month’s issue, they will be charged with theft. Any student can pick up a free copy of our paper, but we will not allow people to throw them away by the dozens. The UP will continue to pursue the truth, even if others would rather keep it hidden. Thank you for being a reader,
Editor’s Letter | 3
FAU’s Student Body is the Most Diverse in Florida
By Eston Parker III Diversity is used as a pitch to bring students to the university. However, there are certain obstacles that ethnic minority students face. For FAU President John Kelly, a diverse student body is an integral part of the university. “I’m proud that FAU is known as an institution where students from all backgrounds have the opportunity to succeed,” he stated in a Newsdesk article last September. This year, FAU again ranked first among public universities in Florida and 41st in the nation for diversity in U.S. News & World Report’s annual Campus Ethnic Diversity rankings, which ranks universities based on the total proportion of minority students. The University Press looked at how FAU’s student diversity compares to other public universities within Florida and spoke to various organizations to hear their views about diversity on campus and some of the challenges they face.
Athletics While the overall student population at FAU is extremely diverse, athletics at the university can be viewed as one of the pillars of diversity at the university. Of the 18 National Collegiate Athletic Association (NCAA) teams at FAU, 16 of those teams have international players, with football and cheer as the only exceptions.
4 | FAU: Diversity
Diego Orduña Sousa, junior business management major and goalkeeper for FAU men’s soccer. By Eston Parker III.
Even including the teams without an international player, each team features a roster filled with diversity in terms of ethnic makeup and birthplace. Much of the success of FAU Athletics gets come from their diverse student-athletes. Diego Orduña Sousa, a junior business management major who came to the university directly from Puebla, Mexico, serves as a goalkeeper for the men’s soccer team. “In the locker room, you can listen to Spanish, French, Swedish, a lot of languages,” stated Sousa, referring to the 19 of 30 players on the team who are international student-athletes. “It’s fun to listen to multiple languages at the same time.” Sousa noted that the large community of international student-athletes helped him learn English and adjust to life within both FAU and the U.S. However, he explained that he still faced major challenges stemming from his international background. “There is a lot of diversity here at FAU,” said Sousa, “but it can be uncomfortable sometimes.” When stating that he does not have a European background, he said, “Some people look at you differently.” Sousa also deals with an obstacle that many international students must adjust to: gaining confidence in his English. “My freshman year, I couldn’t literally say hello. I was shy to speak,” noted Sousa. “As an international student, it’s sometimes a struggle.” While Sousa added that his confidence in speaking English has increased significantly, it still can be an issue within certain areas, including the classroom. He once ran into this problem when he was not allowed to bring in a translator for an exam in the event that he did not understand certain words. “I was told ‘you gotta focus’ and I do focus but obviously English isn’t my first language so it’s going to be harder.” Sousa later added that most professors are “understanding.” Despite the challenges that Sousa faces, he noted that the diversity at FAU is mostly good and that the international community on campus has helped him feel more comfortable.
Multicultural Programming (MP) For Mariana Vallejo, the director Multicultural Programming, the goal of the organization is to “open it from all different perspectives so we can see all different angles.” Like Sousa, Vallejo is an ethnic minority student. She is a first-generation American, comes from a Colombian family, and is a junior majoring in political science. She has also faced certain challenges tied to her international background. “My whole life, I have been stereotyped.” To combat these issues, specifically the stereotypes that she and other ethnic-minority students often face, Vallejo is planning a Multicultural Programming event in November called “Confronting Stereotypes” to bring in all people to talk about stereotypes.
Mariana Vallejo, director of Multicultural Programming. Courtesy of Mariana Vallejo.
“How I envision it is I want it to be hands-on. My goal is really that I want to confront it,” Vallejo said. Beyond hosting events centered around Latinx and Hispanic communities, Vallejo and Multicultural Programming hopes to see people of all backgrounds at their events, stating that “anyone should be able to go enjoy and learn something.”
FAU: Diversity | 5
FAU Ethnicity Data Trends (2015-2019) % Asian
% Black
% Hispanic
American Indian
2015-2016
4.3
19.2
24.1
0.2
0.1
3.4
44.6
0.8
3.2
2016-2017
4.5
19.4
24.9
0.2
0.1
3.6
43.2
0.6
3.5
2017-2018
4.5
19.3
25.4
0.2
0.1
3.6
42.5
0.7
3.7
2018-2019
4.4
19.6
25.8
0.1
0.1
3.5
41.6
0.7
3.8
2019-2020
4.5
19.8
26.5
0.1
0.1
3.8
40.3
0.7
4.0
%
% Pacific % Two or Islander More Races
% White
Year
%
% Non-Res Unknown Alien
FAU Ethnicity Data Trends from 2015-2019. Data courtesy of FAU Diversity Data Report (2019-2020). Vallejo also mentioned how much she and the organization value the importance of diversity on campus, specifically getting people to come to events and learn what diversity is. When asked what diversity means to her, Vallejo responded, “Diversity for me is me and it’s you, it’s everyone. I think that diversity has everything to do with who you are as a person and how you were raised. My goal is still to educate, not only within Latinos and Latinx but also every other culture.”
FAU’s Diverse Student Population When President Kelly and the administration promote FAU as one of the most diverse universities in the country, they are correct. According to the aforementioned U.S. News, FAU ranked second in Florida and first in the state among public universities. When looking over the list, Nova Southeastern University placed 24th nationally, placing them first in the state. Following FAU at 41st, UCF comes next at 79th.
Multicultural Programming hosts a variety of events catered to people of all ethnicities. By Natalie Angel.
6 | FAU: Diversity
FAU has seen an increase in diversity within its student population for the last five years, as noted within the 2019-2020 Diversity Data Report.
International students also saw an increase within the FAU student population, rising from 1.2% to 3.8% of the population.
Since 2015, Hispanic students represent the largest ethnic group which has increased at FAU. As of the 2019-2020 academic year, the Hispanic population has increased by 2.4%, representing 25.8% of the student population.
The biggest shift within the student population since 2015, however, was the decreasing amount of white students, dropping 4.3% and making up 41.6% of the population.
G
GEO Group: Partnership Unlocked By Melanie Gomez The university maintains ties to a private prison company. Nearly a decade ago, GEO Group and FAU were at the center of a controversy that made national headlines, all revolving around the university’s stadium. GEO Group, the second-largest private prison company in the United States, is headquartered in Boca Raton and just a few minutes from FAU. The founder, CEO until July 2021, and current executive chairman George Zoley is an FAU alum and a former member of the university’s Board of Trustees. He made large donations to Marco Rubio’s 2016 senatorial campaign, according to OpenSecrets, an organization dedicated to tracking donations in political campaigns. Later, in 2018, Rubio voted against the First Step Act, a bill focused on federal prison reform and improving conditions for rehabilitation, which then-president Donald Trump would later sign into law. Zoley and GEO Group could not be reached for comment. For years, student activists have accused GEO Group of neglect and abuse of prisoners, including denying medical care and excessive usage of solitary confinement in their facilities. Janene Wallace was a prisoner at the George W. Hill Correctional Facility in Delaware County, Pa., who committed suicide after spending 50 days in solitary confinement in 2015, according to WHYY.
Picture of the FAU Stadium. By Dakota Chelsea.
GEO Group: Partnership Unlocked | 7
Wallace’s family filed a $7 million lawsuit against the prison, which is a GEO Group-owned facility as of 2021. Family attorney David Inscho claims the guard on duty called Wallace a mentally ill woman, verbally abused her and called her obscenities, and convinced her to commit suicide. The lawsuit was settled in 2017, leaving GEO Group to pay out the $7 million to the Wallace family. In July, Boca News Now reported that prisoner Stefan Johnson, imprisoned in Florida at the South Bay Correctional Facility, another GEO Group facility, is suing the company on the basis of being denied dental care. Johnson claims he has been denied dental care despite having dental pain for several years and was never seen at the dental facility after waiting for hours on multiple occasions. GEO Group has faced multiple cases and lawsuits over the years similar to those aforementioned, relating to the concerns of opposing students regarding the stadium deal back in 2013.
A History of the FAU Stadium Controversy
The controversy with Saunders did not end there. On the 22nd of that month, Saunders allegedly hit The university’s brand new football stadium finally student protestor Britni Hiatt with the rearview opened in 2011 after years of construction. Behind mirror of her car by accident while on the Jupiter campus for a faculty event. the scenes, the university had been working to secure naming rights for the stadium. On Feb. 19, On that same day, the FAU Faculty Senate, a 2013, FAU, under the tenure of then-president Mary Jane Saunders, announced the $6 million deal governing body of FAU’s tenured professors that with GEO Group, the second-largest private prison deals with concerns on matters of general university educational policy such as curriculum, admissions, company in the United States, headquartered in Boca Raton and just a few minutes drive from FAU. and academic calendar met. They voted against the GEO Group deal by a vote of 25-9. Immediately, there was student backlash regarding the deal with multiple student organizations band- Despite the large controversy, there was still great dedication to maintaining the deal with GEO Group. ing together to stop the deal from going further, dubbing themselves the Stop Owlcatraz Coalition. Aside from Saunders, the leaders of student government at the time signed a letter in support of the Shortly afterward, the deal began to make national deal which was later distributed to the Boca Raton headlines because the unusualness of the deal and House of Representatives on March 29. the controversies regarding the human rights abuse On April 1, protestors used April Fools Day as a allegations against GEO Group. celebration to pretend that GEO Group Stadium deal was shut down as a joke. It was also the same As the spring semester of 2013 progressed, the day the first of 12 $500,000 payments from the students became more vocal on the matter. On GEO Group donation was planned to be paid out. March 1, president Saunders held a Q&A with What began as a joke became serious when that day roughly 250 attendees expressing their concerns at 6:30 p.m., FAU announced that they decided to on the deal. However, she confirmed that the cancel the deal, putting an end to the GEO Group stadium deal with GEO Group would go through Stadium era of controversy. no matter what.
8 | GEO Group: Partnership Unlocked
Picture of the FAU Stadium. By Eston Parker III.
Saunders would resign from the position of university president over a month later on May 15. However, she continues to teach as a tenured biology professor at the university. Saunders did not respond to multiple requests for comment.
FAU and GEO Group: The Relationship Years Later Since the finale of the stadium controversy, there was very little news coverage and eventually, this era of FAU history had faded to obscurity. The students who were at FAU during this time graduated and a new generation has arrived altogether to seemingly an environment that has gotten rid of all ties with GEO Group. However, GEO Group is still at FAU, just not as publicly. The company has made a few appearances here and there since the stadium controversy, indicating that the partnership between the university and the corporation is still intact.
Cheryl Wilke is a chair member at the FAU Foundation, the university’s foundation dedicated to connecting private donors and providing scholarships to students. Wilke is a current employee at GEO Group and has been an appointed chairwoman since 2019. The Alumni Association is an organization that connects alumni together for new opportunities and comes with a membership fee that aids in covering financial aid for students. The organization had Chris Ferreira appointed as a director just recently in April of 2021. He is also an employee of GEO Group as the corporate relations manager of the company. GEO Group is still a sponsor of FAU’s College of Business’s annual Business Plan Competition. The corporation also has made a few appearances at career fairs throughout the years after the stadium controversy, primarily seeking to recruit students at the College of Social Work and Criminal Justice and the College of Business. GEO Group is also funding research. They are listed as one of the research sponsors of the Department of Criminology and Criminal Justice in 2018. Two recent studies conducted by criminal justice professor Cassandra Atkin-Plunk were funded by GEO Group. One was funded from Oct. 1, 2017 through May 1, 2018. The other ran from Jan. 2, 2019 through May 11, 2019, totalling an amount of around $29,173 dollars. Atkin-Plunk has not responded to requests to comment. Although there has not been as much publicity over the GEO Group and FAU situation as in the early 2010s, the two have kept a close business relationship in the time following the failed stadium deal. This partnership has had its fair share of criticism and controversy over the years.
a
By Melissa Landolfa. GEO Group |9 |9 GEO Group: Partnership Unlocked
Honor Code: FAU’s Way of Keeping its Housing Residents Safe By Kendall Little The university accepted a student who has been charged with sexual assault and allowed him to live on campus. FAU doesn’t conduct background checks. There’s no way to know how many other students may also be in this situation. Eight months before becoming a FAU student, Riley Hayes allegedly engaged in sexual intercourse with a 15-year-old girl when she was physically unable to resist, according to the state of New Hampshire. Hayes was 17 at the time. Court records identified his alleged victim only as L.B. because she is a minor. Police in Conway, N.H., arrested Hayes on Feb. 26 — the day after he turned 18 years old — and charged him with aggravated felonious sexual assault. If convicted, he could face up to 20 years in New Hampshire state prison. Four months ago, the university admitted Hayes and allowed him to live in Heritage Park Towers on the Boca Raton campus without a screening or background check. Carroll County Superior Court clerk Abigail Albee scheduled Hayes’ hearing for Oct. 20 at 9 a.m. The judge ruled that the hearing must be done in private because minors were involved. “As we have said previously, Riley has pled not guilty because he is not guilty,” said Hayes’ attorney Robin Melone. “We will not try this case in the court of public opinion where people have already tried and convicted Riley on the mere allegation. Riley very much looks forward to his real trial.”
10 | On Campus and Awaiting Trial
There could be other students in Hayes’ situation living on campus. Interim Dean of Students Audrey Pusey said that the university’s admissions and housing forms include a box for applicants to check if they have a criminal record. However, the box is not foolproof.
“It’s kind of like an honor code,” Interim Dean of Students Audrey Pusey said about the university’s criminal record policy. Students are expected to check a box on their admissions and housing application if they have a criminal record, but the university cannot force them to. “It’s kind of like the honor code,” Pusey said. The university cannot force students to disclose their criminal history. However, if university officials discover that a student has a criminal record and did not disclose it, housing policy dictates that the university can remove that student.
University officials eventually removed Hayes from campus housing on July 8 for a reason officials have yet to disclose. Several students are frustrated with the lack of screening for housing applicants. “I think allowing Riley Hayes to live on campus shows that FAU does not value safety as much as it values presentation,” freshman history and English major Connor Birkhimer said. “Ignoring problems seems to be FAU’s policy regarding anything that might make them look bad and they prioritize appearances above student welfare.” Pusey stated that university officials are not always aware of students’ backgrounds, including any criminal activity prior to their arrival on campus. “Sometimes the community knows before we do,” Pusey said. Several students say that’s the problem. “I understand that [the administration] can’t catch every single thing, but when it’s brought to their attention, they stay silent,” said Joi Dean, president of the university’s chapter of the National Organization for Women. Students seeking on-campus housing must be enrolled in classes and taking at least nine credit hours. University officials then send housing applications to the housing contract appeal committee to be evaluated. All first-year students are required to live on campus unless they file for an exemption, according to the university’s housing website.
e
The university is not required to accept housing contracts, but according to Stacy Mosley, the associate director of housing and contracts, very few contracts are canceled by the university — especially for criminal reasons. “I’ve been here [for] seven years and can only think of one or two [criminal cases],” she said.
Alleged Assault
But housing applicants are not subject to background checks prior to moving in.
Hayes allegedly had sex with L.B. when she was unable to physically resist.
“It would require [student] consent to do a background check and that would be over 5,000 background checks,” Mosley said. “We can’t. We don’t do background checks.”
Arrest FEB. 26, 2021
Mosley says that university administration is responsible for making any modifications to housing processes.
OCT. 17, 2020
Police in Conway, NH, arrested Hayes and charged him with aggravated felonious sexual assault. If convicted, he could face up to 20 years in New Hampshire state prison.
Back in July, members of several student organizations on campus sent a letter about Hayes to Pusey and two other university officials, Christine Rick and Samieca Morgan, hoping for action.
Hayes’ mugshot. Courtesy of Conway Police.
The organizations that signed the letter were: • • • • •
Generation Action National Organization for Women (NOW) Students Demand Action (SDA) Students Demand Peace Tau Sigma
“While we understand the [school’s] hands are tied to a certain extent, we hope FAU takes this opportunity to establish our campus as a safe place,” the letter read. “Regardless of guilt or innocence, the safety of minor students and the general student body is what is most important. We would like to know what the school plans to do to reassure students that their safety is being looked after.” Three students met with Pusey and Title IX coordinator Donovan Diaz in September after reading a Conway Daily Sun article about Hayes’ arrest. All three students declined to comment on the record for this story, citing fear of retribution from the university. Pusey informed the students that university officials informed Christine Rick, the FAU High School Dean, of Hayes’ presence on campus but did not contact parents. Citing the Family Educational Rights and Privacy Act (FERPA), Pusey declined to confirm any correspondence with Rick to the UP.
Indictment APRIL 16, 2021
Assistant Carroll County Attorney Keith Blair signs Hayes’ indictment, which details his alleged crimes. Address Change JUNE 30, 2021
Hayes filed an address change to 1800 Brevard Court in Boca Raton, which is the location of Heritage Park Towers on the university’s main campus. According to Lisa Metcalf, chief press officer, Hayes had attended FAU since June 26.
Hayes’ Hearing OCT. 20, 2021
The judge ruled that the hearing must be done in private because minors were involved.
Fall Semester Begins AUG. 14, 2021
Though Hayes could not live on campus, he began attending classes in person on the Boca Raton campus. Vacate Campus Notice JULY 8, 2021
According to a notice of change of address filed by Hayes’ attorneys, the university told Hayes “to vacate his dormitory and seek housing off-campus.”
NH Press & FAU JULY 7, 2021
The Conway Daily Sun, a local paper in NH, contacted Lisa Metcalf for comment regarding Hayes’ status at FAU.
Photo of Heratige Park Towers, by Eston Parker III.
On Campus and Awaiting Trial | 11
Rick referred UP requests for comment to the media relations staff at the university. Chief Press Officer Lisa Metcalf did not respond to repeated requests for comment.
“FERPA is a very narrow statute and is very hard to violate,” LoMonte said. “Universities cannot give out the content of students’ education records. That’s all that FERPA restricts. If the information doesn’t come out of the records, the dean can talk about it.”
Members of those same student organizations feel that parents of FAU High School students should have been notified of Hayes’ presence on the Boca Students still want a statement from the university, Raton campus. The high school is located 1.2 miles but Pusey doesn’t see the benefit. from Heritage Park Towers, the dorm Hayes briefly lived in. “I’m not sure what the positive end-all is to these statements,” she said. “To me, putting out a “I’d hope there could be a warning system,” Dean statement doesn’t carry any weight. You put out said. “Parents should be aware of what’s going on.” a statement and students expect you’re making an immediate change.” Pusey says it’s not that easy due to federal law. FERPA prohibits university officials from disclosing But she says change can’t happen as quickly as personally identifiable information derived from students want. education records about a student to the public. But it doesn’t prevent the university from speaking Last October, the FAU community petitioned for out. the removal of student Ryan Richards after a Snapchat video of him repeating a racial slur surfaced A respondent is anyone who is charged with an on Twitter. alleged violation of a law, whether it be federal, state, or university. Respondent rights are detailed University administration, including Pusey, released in the university’s student code of conduct and a statement condemning racism in response to include: the community uproar but did not expel Richards, citing the First Amendment that protects free • “The right to have their status remain unspeech — which was met with criticism from many changed pending final student conduct action students. except in cases involving the health, safety or welfare of the University Community.” • “The right not to be forced to present testimony.” • “The right to request an appeal of the student conduct decision(s) and sanction(s) imposed, as long as appropriate appeal procedures are The Federal Educational Rights followed.”
“Social media sets expectations that are unattainable. As much as I admire a strong student voice, I cannot be swayed by it,” Pusey said. Multimedia studies major Maddie Freshwater believes Hayes’ presence on campus is doing more harm than good for the student body and the university’s reputation. “For a university that prides itself on being a safe environment for all students, it greatly disturbs me that they actively allowed a student with sexual assault charges to stay on campus and take classes. By doing this, it puts all students at risk,” Freshwater said. “Riley should be given the opportunity to take classes remotely and not be allowed to be on the campus until the case is closed.” Pusey explained that there is a complex process for every case and that Hayes’ case is no different. “There’s not one path to this. There’s many avenues,” she said. “And I have to be multipartial.” Pusey says that if students want a change, they need to approach administration with a tangible action plan. “That emotional labor shouldn’t be on the students when there’s administration getting paid to do it,” Dean said.
FERPA: a Big Misunderstanding
Citing FERPA and respondent rights, Pusey said the university was unable to disclose Hayes’ identity to students. “How do you make a statement to the community when you’re trying to protect respondent rights?” she said. “We’re married to federal guidelines.” Frank LoMonte, director of the Brechner Center for Freedom of Information, says that FERPA is used as a common excuse for university administration to dodge questions.
and Privacy Act (FERPA) protects the confidentiality of students’ education records. University officials will decline to share student information to others, citing FERPA, but they may be doing so without legal backing. “FERPA is a very narrow statute and is very hard to violate. Universities cannot give out the content of students’ education records. That’s all that FERPA restricts. If the information doesn’t come out of the records, the dean can talk about it. They are absolutely free to say that the student has a criminal indictment.” - Frank LoMonte, director of the Brechner Center for Freedom of Information
12 | Honor Code
TALENTED WRITERS, DESIGNERS, &PHOTOGRAPHERS NEEDED VISIT US EVERY FRIDAY AT 2 P.M. STUDENT UNION, ROOM 214
What’s so controversial about scooters?
By Gillian Manning For years, Student Government has planned an initiative to provide bikes or electric scooters to students on campus, but it still has not been approved. The main reasons may be liability concerns and a lack of communication amongst leaders. This fall, Student Body Vice President Lily MacDonald wants to do something that her predecessors could not: provide bikes or electric scooters for students to borrow on campus. Starting a scooter program is something student government representatives have pursued for at least four years to no avail, and the process has been more complicated than simply placing the vehicles on campus. The primary issue? Liability. SG is willing to use a portion of its $9.85 million budget to cover the costs, but university officials are concerned that the program could result in a lawsuit. One barrier stems from the risk management office, headed by Risk Manager Arnie Harrison. A risk manager assesses risks associated with different initiatives and provides guidance to university administration. The UP contacted Harrison but the media relations office said, “The staff said the process has just started and has a way to go before they’ll have enough information to discuss it.”
MacDonald said that Harrison told her the main point of concern for the university is the potential for an injury that results in legal action. “I think overall, that’s not something that’s going to be extremely prevalent. I already see several students riding around on campus, casually, that buy their own scooters,” MacDonald said. “My view of it is that injuries are always going to happen. If you’re trying to prevent such a beneficial initiative just because of the possibility of injuries, I think that is a little too cautious.” The University of Florida and the University of Central Florida have scooter borrowing programs on their campuses. The UP reached out to the universities’ student governments and UCF’s transportation coordinator but did not receive a response before publishing. SG treasurer Kirk Meyers said the primary goal of the vehicle sharing program is to make the campus more accessible to students without cars , as well as to help the environment by reducing car emissions. As freshman classes continue to grow, MacDonald said that it’s necessary to diminish the need for cars on campus.
14 | What’s so controversial about scooters?
MacDonald said the university has expressed concerns over scooter parking and vehicles blocking sidewalks or other pedestrian areas. She explained that e-scooters allow for digital mapping and to address the problem, the university could disallow scooter use past a certain point. FAU’s Center for Urban and Environmental Solutions advocated for the implementation of a bike or scooter sharing program to help students efficiently travel on campus in its white paper — a type of report meant to analyze certain issues. The UP acquired email chains from 2019. In those emails, former Student Body President Kevin Buchanan spoke with various scooter companies including Lime, Gotcha, and Bird. The notes from those phone calls express concerns over students renting the scooters while intoxicated after football games. Lime announced in 2019 that it is looking into adding a type of puzzle to confirm sobriety before an e-scooter can be rented, though the UP was unable to confirm if this has been successfully implemented. SG can also shut down services on game days.
Florida’s hurricane season, which runs from June through November, creates another concern about scooters. However, according to notes from calls between SG leaders and company representatives, all three scooter and bike brands will provide a service that removes vehicles off of campus in the case of a major storm or hurricane. Meyers said that Harrison is now reaching out to risk management personnel at the University of Florida to discuss their scooter program.
The Money
Emily Lyn graduated from FAU with her master’s degree in community and regional planning in May. Before she left, she gave SG her thesis project, which details how the staff could implement a bike-sharing program on the Boca Raton campus. After looking at other universities’ scooter programs, she projected that FAU would spend an initial cost of $880,000 for a pilot program with an initial 176 bikes. That cost is not definitive. Meyers hopes to also solicit financial support from the university’s Parking and Transportation Services.
Photo of bikes and scooters parked at a bike stop, by Eston Parker III.
Due to the cost, Meyers said SG will not go forward with the initiative without a vote from the student body. Gainesville implemented a scooter program at UF, according to their student-run newspaper, the Alligator. FAU could choose electric scooters from three vendors: Bird, Spin, and Veo. Vehicles provided by Spin can be rented for $1 with an additional fee of $0.25 per minute. Meyers said he will do what he can to ensure FAU students don’t have to pay. “We would try as hard as possible to not to ensure students do not have to pay. We have the money for it — we believe we’re gonna have the money for it — so it’d be our priority to make sure it’s free for students,” Meyers said.
What would a bike or scooter program look like? Buchanan, the FAU former student body president, contacted at least three different scooter companies: Bird, Gotcha, and Lime. Each company offered a program that would provide stations around campus where students can park the scooters. The university would be able to use digital mapping to create designated areas for the vehicles﹣ SG has not definitively decided whether the program would provide scooters or bikes. Through digital mapping, staff could identify pedestrian-heavy or otherwise unsafe areas and prevent the vehicles from traveling in those spaces on campus. If Student Government and university administration finalize this program, they will open it first on the Boca Raton campus. Meyers said he would then like to see it expanded to the surrounding Boca Raton area, as well as other university campuses like Davie and Jupiter.
What’s so controversial about scooters? | 15
Why doesn’t FAU already have a scooter program? Lyn’s research in 2021 found that 84% of respondents would be willing to try a bike share program on campus. Other universities have already implemented scooter-sharing programs on their campuses. “Typically the administrator side of the university, when they see that other schools are doing it and it’s successful, then they’re more willing to imitate those programs because it’s kind of a race,” MacDonald said. “We’re trying to become the best university in Florida and I think in order to do that, we need to provide all the great things that all the other universities have to offer. While liability was a major obstacle that SG has faced in getting the program approved, he said SG members’ lack of communication and persistence was another. “It’s not been a priority of SG leaders to try that hard in the past. It’s sad to see,” Meyers said. “That was a big reason to pass, we just didn’t have people who would treat [the program] as a priority — even though a lot of students requested it.” Emails show that Buchanan, student body president in 2019, pursued the initiative with his vice president, Celine Persaud — who later became the student body president in 2020. Neither responded to requests for comment. “As a younger Student Government member, I generally yielded to other senior members who would reach out to [risk management]. The communication from those Student Government members, who are long graduated, it wasn’t as good,” Meyers said. He is pleased with MacDonald and the initiative she’s shown while pursuing this program. As Meyers’ graduation date approaches, he feels the pressure to set Student Government up for success in implementing a scooter or bike-sharing program. “This is something that would help a lot of different things — environmentally, socially, and building a community that’s stronger. It’s just something that I have no interest in leaving Student Government without actually having tried my best to try to push it,” Meyers said. “I’m failing my job as a senior-level member if I’m not providing [them] the tools to get this down in six to eight months.”
16 | What’s so controversial about scooters?
By Eston Parker III
I
FAU Lawsuit Moving to Trial By Tyler Childress
The Harbor Branch Oceanographic Institute Foundation is suing FAU in a bid for independence. In 2017, the Harbor Branch Oceanographic Institute Foundation sued FAU over the violation of a memorandum of understanding reached between the two parties when they merged in 2007. Four years later, the HBOI, which FAU President John Kelly once referred to as the “crown jewel” of the university, is about to see its day in court. The Harbor Branch Oceanographic Institute Foundation, the direct support organization that oversees the HBOI, filed the original complaint. They alleged that the university engaged in what the foundation claims was a “brazen power play” to gain control of the Harbor Branch Oceanographic Institute’s grants and endowment, valued currently at $67 million. With the first trial date set for Nov. 8, the ensuing legal battle will decide the future relationship between the prestigious research institute and FAU.
Picture of the entrance to Harbor Branch Oceanographic Institute. Courtesy of Carin Smith.
FAU Lawsuit Moving to Trial | 17
A history of HBOI and its merger with FAU The Takeover
John Seward Johnson Sr. founded the Harbor Branch Oceanographic Institute in 1971 as a marine research organization to “fulfill [Seward’s] Foundation attorneys filed charges in a bid to vision of preserving the environment through a retain its autonomy after FAU Vice President of deep, scientific understanding of the ocean.” Research Daniel Flynn announced during a Foundation board meeting that the HBOIF’s adminisThe Harbor Branch Oceanographic Institute trative functions would be merged with FAU. Foundation is a 501(c)(3) non-profit organization According to a declaration filed by former HBOI which oversees the distribution of grants from Foundation CEO Katha Kissman in November the HBOI to FAU. 2017, this merger would have resulted in Flynn taking over as CEO and thus having control over FAU and the HBOI merged in 2007 through a the distribution of funds to the university. memorandum of understanding wherein the state of Florida funded FAU’s purchase of the According to the HBOI website, the foundaland, facilities, and intellectual property of the tion’s goal “is to support FAU’s Harbor Branch HBOI. as it increases understanding of oceans and coastal areas through exploration and scientific The condition of this purchase was that the investigation.” HBOI Foundation’s Board of Directors would have control over funds received through the But Kissman’s declaration asserts that in some sale of specialized license plates and endowcases, grant money the foundation gives FAU ments from the Johnson family. The foundation has built up in the university’s accounts without would also have sole discretion on the disburseunspent funds being returned, which violates the ment of research grants to FAU awarded by the foundation’s funding requirements. state of Florida. The exchange was mutually beneficial. The HBOI received an influx of capital for operating expenses from the sale of its facilities, and FAU received a prestigious marine research center to promote new avenues of study. But a 2012 dispute over the use of the foundation’s funds threatened the symbiotic relationship of the two parties.
Kissman also notes in her declaration that prior to January 2017, FAU approved the foundation’s budgets without any alteration or input. That changed after the meeting wherein Daniel Flynn proposed the merger. Kissman did not respond to requests for comment.
FAU rejected the foundation’s proposal, but Flynn introduced the budget proposal that named him president and CEO of the foundation. This As the University Press reported in 2017, the appointment of Flynn to CEO was received as dispute began when former FAU President Mary a takeover attempt by the foundation, to which Jane Saunders asked the HBOI Foundation for FAU responded with this statement that was a $50,000 donation to build the university’s footreported by the Palm Beach Post: ball stadium. The foundation declined, stating that funds from Harbor Branch can only be “FAU is surprised and disappointed that used for the purposes of marine research. Five HBOI Foundation has misinterpreted our years later, the foundation asked FAU for over commitment to our partnership and to $400,000 to file the current lawsuit against the our shared responsibility for efficient and university. proper stewardship of our resources.” But a declaration made in November 2017 by former FAU Assistant Vice President of Budget Finance for the Division of Research James Wilkie alleges that taking over the HBOI was exactly what Flynn had planned.
18 | FAU Lawsuit Moving to Trial
Aerial view of the Harbor Branch Oceanographic Institute. Courtesy of Carin Smith.
According to his declaration, FAU and Daniel Flynn agreed to a goal of bringing in $100 million in research grants from private, local, state, and federal sources. By late 2016 and early 2017, it became clear that the university would not meet its stated goal. The Division of Research was operating in the red, spending more money than it was bringing in through revenues. It was around this time, Wilkie states, that Flynn mentioned taking over the HBOI Foundation. According to Wilkie, Flynn told him that he wanted to use the Harbor Branch funds to hire researchers for FAU who were unaffiliated with Harbor Branch. Since the Harbor Branch Foundation’s funds could only be used for research conducted at the HBOI, Flynn would have to remove the foundation’s CEO and attorney. After removing these barriers to the funding, Flynn would then be closer to reaching his goal of $100 million in research grants.
HBOI V. FAU: Extra Info
In Court FAU had previously filed a motion to dismiss the case in June 2017 on the grounds that it is “based on a hypothetical state of facts which have not arisen and are only contingent, uncertain, and rest in the future.” Attorneys for FAU explained in their motion that the foundation had no proof that their proposed budget would be refused by the university or that the new budget devised by Flynn would be adopted. The motion came three weeks after the HBOI made a court request for the university to produce documents and communications exchanged between the two parties. This motion was rejected by the court after attorneys for the HBOIF submitted a response claiming that the dispute is not about budget approvals, but “about whether FAU has plenary power to take over Harbor Branch–through an improper budget approval process or otherwise.” After years of motions, document requests, and submissions made by both parties, the case is approaching a non-jury trial. Two motions filed by FAU on Sep. 24 reveal the university’s efforts to tilt the case’s outcome in its favor. The motions filed by FAU consist of a Motion for Summary Judgement and a Motion in Limine, the latter of which is a request that attorneys not present certain evidence at trial. The request by FAU is that the foundation’s attorneys do not present at trial “irrelevant, prejudicial, and cumulative evidence with no bearing on the proper interpretation of the Memorandum of Understanding, including evidence related to the Foundation’s allegation that in 2017 FAU attempted to ‘take over’ the Foundation and its endowment.” The Motion for Summary Judgement asks the court to provide a ruling on the case before it goes to trial. The court refused the MSJ since it was made within a 40-day window of the beginning of trial. On Oct. 13, attorneys for FAU canceled the hearing for the Motion in Limine scheduled for Oct. 18, and no further hearings are currently scheduled before trial. Attorneys for FAU have not responded for comment.
Legal Terms Defined Complaint: a pleading which initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. Memorandum of Understanding: A document that outlines the legal and factual premises believed by the parties to have been agreed to between them Direct Support Organization: A private, non-profit organization that receives public funding and in return, will support a public university. 501(c)(3): A non-profit tax-exempt organization Declaration: A written statement submitted to a court in which the writer swears “under penalty of perjury” that the contents are true Motion in Limine: A motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case Motion for Summary Judgement: a written request for a judgment in the moving party’s favor before a lawsuit goes to trial and based on the evidence provided to the court so far. Plenary Power: a power that has been granted to a body or person in absolute terms, with no review of or limitations upon the exercise of that power.
The Following Individuals/ Organizations Declined Comment: • • • •
Joseph Galardi - Attorney for the Harbor Branch Oceanographic Institute Foundation Harbor Branch Oceanographic Institute Office of Outreach & Engagement FAU Media Relations Michael Minton - Witness called by Plaintiff (HBOIF) and Defendant (FAU)
The Following Individuals/ Organizations Did Not Respond for Comment: • • • • • • •
FAU President John Kelly FAU Vice-President of Research Daniel Flynn Katha Kissman - Former CEO and President of HBOIF William Stewart - Witness called by Plaintiff and Defendant David Kian - FAU Chief Legal Officer Richard Mitchell - Former Attorney for FAU Gray Robinson - Current law office representing FAU
The Following Individuals/ Organizations Could Not Be Reached for Comment: • Ken Pruitt - Former Florida Senator, Witness called by Plaintiff and Defendant • Jeff Atwater - Former FAU Chief Financial Officer
FAU Lawsuit Moving to Trial | 19
Students are struggling with FAU housing cancellation appeal By Kizzy Azcarate FAU housing cancellations have not taken into consideration COVID-19 influences that prevent students from finding alternative residencies.
The FAU housing contract has reverted back to its original policies pre-COVID-19.
Soon after the notice to move out, Gonzalez tried to get out of the contract she signed in November 2019 to live in Innovation Village Apartments for the 2020-2021 school year.
“I submitted [the cancellation appeal] for financial reasons and I provided my mother’s tax returns for 2018 and 2019 to show there was a significant income difference,” said Sanders.
Gonzalez said, “I signed in November before we knew anything. COVID was barely a thing back in November.”
She submitted the paperwork within the cancellation appeals window at the end of July but was denied.
“However, for the Fall 2020 – Spring 2021 when COVID-19 was newer, we gave students with active housing contracts the option to cancel due to COVID-19 as a reason by July 10, 2020 with no financial penalty,” said Glanzer.
She continued by stating that FAU housing tried to charge her the $300 contract cancellation fee.
Aly Gonzalez, a freshman at the time, found it difficult to cancel her housing contract for the 2020-2021 school year. She had to hastily move out in the beginning of March after she had come back from spring break.
However, Glanzer said that FAU was accommodating towards students who had previously signed the contract before the pandemic.
“If a student is having a financial hardship due to COVID, the appeal would fall under a financial hardship instead of COVID. The student can submit an appeal and specify the reason as financial hardship and provide supporting documentation on what has changed since the time they completed their housing and returned their housing appeal,” said Glanzer.
When asked about any changes added to the FAU housing contract, Joshua Glanzer, FAU’s assistant vice president for media relations and public affairs, said, “No, not for 2021-2022 [school year].”
Like other students, Gonzalez was left with the burden of paying for moving costs while also losing the two months of rent already paid for FAU housing. After numerous complaints from Gonzalez, FAU housing gave Gonzalez a percentage of money from the remainder of her Spring 2019 contract.
20 | Housing Cancellations
“We were in a pandemic, so it wasn’t really fair,” said Gonzalez.
The university forced Gonzalez to pay the $300 contract cancellation fee. She was refunded the full cancellation fee amount a few months later. The University Press has concealed the names of this student, referred to as Kelly Sanders, and her adviser to protect them from retribution. Sanders signed for 2021- 2022 school year at University Village Apartments (UVA).
Sanders’ experience left her with frustration and hopelessness until she got an adviser involved. Whether for financial reasons or health concerns, the Housing Appeals Committee would not approve cancellations and their decision would be final, according to the FAU housing contract article 18, section G.
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Whether for financial reasons or health concerns, the Housing Appeals Committee would not approve cancellations and their decision would be final, according to the FAU housing contract article 18, section G. In a desperate attempt, Sanders reached out to a trusted adviser at FAU to get involved on her behalf. He advised her to let the Housing Appeals Committee know that her mother’s income was also impacted due to a surgical procedure she had over the summer. After plenty of back and forth correspondence between housing, Sanders, and her adviser, she was asked to submit her mother’s hospital records proving she had an operation and the recovery time it would take, as well as the 2018 and 2019 tax returns she provided the Housing Appeals Committee the first time. The nearly two-month process ended in relief once Sanders received the email that her cancellation appeal was approved. Sanders still had to pay the $300 cancellation fee and the $30 daily rate charge while waiting for the approval. She spent $700 to get out of her housing contract with FAU. Now living off campus, Sanders said she will be saving $1,100 in rent per semester. Due to the $300 cancellation fee and “probated daily housing charge” stated in article 18, section E of the housing contract, she is saving up to pay her December rent because of the financial setbacks caused by the cancellation process. “I’m a first-generation student so I didn’t have parents to tell me how difficult it would be to cancel my housing contract. When you move on campus, the school doesn’t say ‘once you sign one of these contracts, you can’t get out of it,’’’ said Sanders. Sanders urges incoming students and students who plan to renew their housing contracts to make FAU housing their last resort because it is more tightly binding than other student residences.
Photo of Heritage Park Towers. By Eston Parker III
Housing Cancellations | 21
Freedom of Speech Protects Anti-Abortion Protesters By Darlene Antoine
Content Warning: This article features graphic images that may be upsetting to some readers.
The graphic nature of past on-campus anti-abortion displays prompted a proposal for an alert system to potentially caution students about the explicit images the organizations have used to express their stance.
A proposed alert system for anti-abortion displays was vetoed by former Student Body President Kyle MacDonald in 2019.
The pro-life organizations have expressed their message through the use of graphic visuals that depicted images of aborted fetuses covered in blood. In 2018, Created Equal, an anti-abortion organization, arrived on the university campus to express their stance on reproductive rights. At the time, their protest not only included posters of unborn fetuses but also a JumboTron TV screen that displayed graphic abortion footage for several hours. The next year on March 18, the Boca Raton House of Representatives passed a 25-5 resolution for FAU administration to notify students of abortion protesters’ presence on campus. The university is not required to implement Student Government resolutions. University staff did not notify students in advance when the Canadian Center for Bio-Ethical Reform displayed posters of disembodied fetuses and protested against abortion.
22 | Anti-Abortion Protesters
Feb. 14, 2020, Free Speech Lawn near the Social Science Building. Warning signs were placed by members of the Canadian Center for Bio-Ethical Reform. Photo by Alex Liscio.
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“The use of graphic images by the organization was aimed to demonstrate that abortion “intentionally kills human beings,” said Cameron Côté, founder of the center. The members of the pro-life organization also passed out pamphlets with images of bloody aborted fetuses with captions reading, “Shouldn’t All Humans Beings Have Human Rights?” When asked about the status of the past proposal, director of student activities Donald Van Pelt explained that the Student Government resolution was vetoed by the former Student Body President Kyle MacDonald. Because the legislation was vetoed, the resolution was not fully passed and the alert system was never instituted. Senior art history major Sara Khambalia feels that since the university notifies students about ordinary activities, they should make students aware of the presence of the protesters. “FAU finds a way to notify us of the most mundane activities occurring on campus. Oh great, we get to have a meet and greet with our president, as if that affects my academic life as a student. The fact that FAU fails to notify us of potentially triggering and extremely sensitive propaganda on campus is horrific. I’m not saying the images we were shown by pro-lifers isn’t factual-- that really shouldn’t matter,” Khambalia said. In 2020, the UP reported that Côté expressed that he had been intentional with the use of his graphic images.
“The use of the images is disgusting. They’re trying to appeal to a pro-life propagated empathetic audience. It’s so sick,” she said. “No one goes into an abortion knowing that this procedure was their first choice. I knew over five peers during my undergraduate career that have had an abortion. I really [felt] so terrible for them to witness these gruesome images shown on campus.” Junior marketing major Raya Levine explained that at the time, the images the protesters used weren’t a surprise to her. “I wasn’t really shocked that they had those kinds of images but I was shocked at how they fully believed those images were real. There are so many different places that debunk the pictures they use but they are still using them to manipulate people. It was alarming that this what they have to do to get people on their ‘side,’ which is harmful and misleading,” Levine said.
Khambalia said without a formal warning, students did“Throughout history, most reform movements not have the choice to avoid the graphic display have needed to show the victims of the injustice to demonstrate the accuracy of their cause and “We [didn’t] have an option in engaging in [that] media. the importance of their cause,” he said. Close friends and family of mine have had abortions. This choice was not frivolous. It was due to extenuating Khambalia thinks use of those images could be circumstances that made having a child a financial imposinsensitive to those who had undergone the sibility. If these friends and family members were subject procedure. to [those] images, I would feel so horrible for them. It’s disgusting to have to subjugate individuals to this sort of repeated trauma.”
Feb. 14, 2020, Free Speech Lawn near the Social Science Building. Abortion protest display by the Canadian Center for Bio-Ethical Reform. Photo by Alex Liscio.
Interim Dean of Students and Deputy Title IX Coordinator Audrey Pusey explained that the university adheres to the guidelines in Policy 4.2.2 Campus Free Speech, which does not require groups to notify the university of their presence. “Some demonstrators do choose to post signage as part of their displays. It is not a requirement of groups to notify the university when they come to campus,” Pusey said. Levine suggested that the university use its current alert system to notify students to avoid being exposed to the explicit anti-abortion display. “We shouldn’t force students who don’t know they are there to be subjected to their images or them coming in their face to ‘talk.’ If they don’t want to use their own system, then make a different one for instances like this. Or even just put up signs. It is not that difficult at all,” Levine said.
Anti-Abortion Protesters | 23