There are questions as to how these hearings start. According to the Office of Student Conduct Disciplinary Proceedings (OSCDP) it appears that anyone can make any kind of charges:
Any member of the University community (administration, faculty, staff, and students) may request charges against any student(s) for alleged violations of the Student Code of Conduct.Seems pretty easy to go after students if their is an agenda to retaliate.The OSCDP continues:
All allegations of violations should be prepared in writing and directed to the Coordinator of Student Conduct. In addition, any allegation of violations should be submitted as soon as possible after the event takes place.If Charles Wirick says that others were the ones that started the rumors then where are the charges against them?
The Coordinator of Student Conduct may conduct an investigation to determine if the reported allegation(s) has merit and/or if they can be disposed of administratively by mediation or mutual consent of the parties involved on a basis acceptable to the Student Conduct Office staff. If the charges cannot be disposed of by mediation or mutual consent, the Student Conduct Office staff may later serve in the same manner as a non-voting member of the Student Conduct Board in a hearing.Apparently mediation never occurred and that charges against Wirick were pending until after the hearing when they doled out the suspension as punishment.
According to disciplinary proceedings Charles Wirick does have the right to appeal his charges and suspension against him but there's a caveat...is it too late? Unless he has some new information or other relevant facts that were not available at the time of his hearing and within 5 days of his decision.
I. The student shall be informed of the right to appeal a decision to the Director of Student Conduct (or the Executive Director of Student Affairs, if the Director served as hearing officer in the case). A decision or judgment of the Coordinator of Student Conduct or hearing official may be appealed by either or both of the parties involved on the following grounds:
* The disciplinary conference was not conducted fairly and in conformity with prescribed procedures, which made it unfair. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
* New or newly discovered information that could not have been produced at the conference. In order for the Director of Student Conduct (or the Executive Director of Student Affairs, if the Director served as hearing officer in the case) to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.
* The decision is not supported by substantial information considering the record as a whole. That is, the facts in the case were not sufficient to establish that a violation of the Student Code of Conduct occurred.
* The sanction imposed was excessive or insufficient and not appropriate for the violation.
An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five working days of the date the parties were notified of the decision. In an appeal case, sanctions assessed by the initial Coordinator of Student Conduct or hearing officer may be held in suspense until acted upon in appeal. The appeal will be reviewed by the Director of Student Conduct (or Executive Director of Student Affairs if the Director served as hearing officer), and he or she may affirm, reverse, or modify the sanction originally determined. The Coordinator of Student Conduct shall convey pertinent information related to the case. The decision of the Director of Student Conduct (or the Executive Director of Student Affairs if the Director served as hearing officer) is final.Regardless, it appears to be a messy situation where the victim in all this appears to be Charles Wirick. What it appears is that miscommunication or misunderstanding was the possibility from those who could not understand Wirick's signing since he was still learning how to sign appropriately. He may have misapplied certain signed words or gestures that might have changed the context of what he was talking about and not about him making threats to do the shooting. Even Michael Sprouse made clear of Charles Wirick's background painting him through the implication that he's not a good signer because he was raised oral and with little exposure to Deaf culture and community.
Sprouse described Wirick in frank terms. “He was raised oral without much exposure to Deaf culture and community—and here at Gallaudet he, for the most part, was an outcast. Wirick vented to me before about deaf-to-deaf avdism, which enraged him. He didn’t like how Gallaudet treated him and didn’t know how to fit in the university.”Big question of the day. Did the Coordinator of Student Conduct, Student Conduct Office staff and Student Conduct Office itself ever consider the possibility of poor signing as a possibility for misunderstanding and miscommunication to occur causing other students to use that information and begin their own version of a rumor which ended up painting Wirick as a possible shooter?
After all in the Buff and Blue blog they wrote what Michael Sprouse said of Wirick on his signing:
“He looked so determined—full of menace—when he made that statement,” said Sprouse. He stated that Wirick described in graphic American Sign Language how the Kappa Gamma (KG) fraternity brothers, circled in their clique, would be gunned down in the cafeteria, and then the Phi Kappa Zeta (PKZ) sisters would be next."Graphic ASL? I have two questions. If Charles Wirick not fluent in signing then how can it be "ASL"? It'd be more like PSE or lot of manual signing. Did Wirick sign in SEE? Second question, if it's not done in "ASL" then how was the "graphic signing" done? What did it look like? And so on. And if he's not that fluent or fluid in signing then shouldn't the possibility of poor signing be cause of this miscommunication and misunderstanding as a reason for rumors about him get out of control?
Yes, it appears that something is not right here. If Gallaudet University (i.e. Dr. Hurwitz) have any sense they should look into Wirick's case, the people in the Student Conduct Office and investigate further on these things. Charles Wirick could be a case where he was unwittingly discriminated against and misunderstood because of his signing ability. And if so, then this does not bode well for all current and future students new to signing at Gallaudet University that their signing could be misconstrued/misunderstood as a threat to campus should they be in a casual discussion at a cafeteria, at Rathskeller or anywhere else on campus. Did that happen to Charles Wirick? Was he a victim of poor circumstances here? Does Gallaudet University discriminate against poor signers?
We would like to know, Dr. Hurwitz. Do the right thing and look into this.
Addendum note: Curiously the Buff and Blue blog on Wirick is no longer available but I do have a copy of it should it not re-appear which I think it will to include news of Charles Wirick popping up with his own blog protesting the suspension. If not, then I will make the copy available for all.
10 comments:
I am not surprised that the B and B.net had to remove his response. Gallaudet is going to face the very, very serious issue.
IMO, the students who posted for the B n B.net into the internet are not very smart thing to do. They were very wrong to do that.
I am sure that these students don't know how to keep themselves confidential. I honestly don't think they were trained to keep themselves confidential. Question: Are they really good creditable? I don't think so. Ehy did I say that? That's because students who work at the B n B knows Charles Wirick pretty well. Perhaps, they were involved Charles Wirick's case. Who knows?
White Ghost
I do not see anything in the Office of Student Conduct Disciplinary Proceedings on what to do with a charging party if his or her charges are discovered to be false, unsubstantiated, unprovable, vindictive and/or retaliatory in nature. It's important for the OSC to send a message to the student body that its office would not be used as a tool to investigate, prosecute, and remove certain students for personal dislikes, bad signing, vindictive manners, or retaliation. This should be in writing for OSCDP so to inform the defendant(s) that the OSC will deal with a charging party if charges are founded to be false, unsubstantiated, unprovable, vindictive and/or retaliatory in nature.
I am Charles Wirick. The cases show that I am innocent. They don't have case against me. It is not fair for me that they look at me only. I am not one who start rumor. I assume that Michael is one make people panic worse than ever. I can't see everything what happen at Gallaudet rumor. I am not appreciate that Michael be like gutter. He gutted that I am threat person. It is not right. I don't like Michael mention like I am horrible person. Michael is nice man when I met him, but I am shocked that he talk about shooting and rape case. That shook my head. I want to take great care of Gallaudet. I become panic when they started talk about it. It is not normal. I am not one who start the conservation. I am confused what is happen at Gallaudet. This is very serious.
Also I guess that Michael didn't see me that I am sociable. Are Michael trying to destroy my represent front of people? I never said that I am going to threat in my whole life. My parents saw the whole cases. They believe me. If my parent see me lie, they will kick me out of house. My parents already see case that I am innocent person. I don't understand why Gallaudet bitter on me, then being cruel on me. In fact, Gallaudet should know better that Justin and Michael are not same story. There is something wrong with Michael. I am 100 percent positive that OSC don't follow student conduct rule. I just can't believe that they don't treat me good. I am disappointed that Gallaudet are not take responsible to follow the rule. I already appealed to OSC and they don't accept me. I can't believe that they are not cooperate with me. That show me that Gallaudet is messy. Not just me. Now I see that Gallaudet aren't cool. I start to back off. That is called "slander." It is not cool at all. I AM POSITIVE INNOCENT PERSON. I SWEAR IN GOD.
Charles,
Try and do a YouTube video so that everybody knows it is you and talk to the people in frank and honest terms about what happened and why you think the Student Conduct Disciplinary proceeding was unfair to you. I am saying this only because anybody can write a blog pretending to be you. A visual confirmation through a video will help establish better credibility about the messages you sent as coming from you.
Thank you!
I don't think it is safe to share video because someone can sue me. My case is strong, but video is more risky.
You give me headache. I don't need to activity so much for you. I finish with it. I remember what Ryan Commenson. I don't trust him. There is something behind my back.
Chas...
Something isn't right with this story, I believe you got railroaded. You said you appealed? If so, did you send in request for appeal within five days after they made decision to punish you? (if that is the required time frame)
What Mike is saying is that if you make video, people will know that your blog is not bullshit. People see your face, know true biz it is you.
Anyway, just know that I feel you have been treated wrong.
The fact that BnB retracted the articles can only point to the fact that BnB and/or Gallaudet are hiding something.
Mike..
I find it telling that Chas don't trust Ryan Commerson. It would make sense that Ryan, Elena Ruiz, and several other ASL freaks are harassing people like Chas who have oral background.
Ryan's Gallaudet Syndrome says it all.
Candy,
We have not yet confirmed if this person who wrote/responded is in fact Charles Wirick which is why I suggest he does a video to confirm himself for us as the writer.
Okay! I am willing to share the video with you. http://www.youtube.com/watch?v=afosvCgOwBc
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