Monday, November 21, 2005

The Hold Placed On My SMC Enrollment

Here is the email I just sent Robert Sammis. I also sent a copy to Kiersten Elliott, assistant dean of enrollment services at Santa Monica College, who I dealt with regarding the tampering with my online SMC transcripts as well as the deletion of my online courses on my homepage this past summer. Tampering and deleting my student records, withholding public records, infringement of my copyrights, arrest attempts of me and other students, threats of suspension, threats of charges against me to the district attorney, threats of charges against my attorneys to the State Bar of California, harassment and intimidation of me and my confidential witnesses, false allegations written against me, denial of my rights to use the AET computer lab to work on my Holocaust project, and now the wrongful and retaliatory "disciplinary" hold on my SMC enrollment.

Gosh, what's next? I can hardly wait... at least you will know what to expect if you, too, wish to inspect a single document belonging to the public and held in the control of Santa Monica College's administration and employees.

One of my readers of my blog wrote me the following: "The disciplinary hold is outrageous. They're hiding something big, and using everything in their powers to keep things from coming out."

Still another comment regarding the false arrest attempts against us: "Wow, a taxpayer-funded state employee threatens to order the misuse of other taxpayer-funded employees (local cops) for the purpose of resisting compliance with a letter petitioning for the redress of grievances, something clearly protected by the First Amendment. Surely they're treating public property as if it were their own private kingdom."

Another reader wrote: "I'm sorry that SMC is taking it out on you. It doesn't surprise me that they wouldn't allow you to register. They don't want you around creating more problems. Out of sight out of mind."

Well, I guess people in glass houses shouldn't throw stones and SMC's administration would benefit from remembering this bit of advice. I know I will.

-- Des Manttari,
Phoenix Genesis

(c) 2005: Phoenix Genesis/MBS LP

----------------------- MY EMAIL TO ROBERT SAMMIS----------------------

November 21, 2005




Dear Mr. Sammis,

My enrollment for the respective Winter and Spring Semesters 2006 was at 6:00 p.m. on November 19, 2005. When I logged onto SMC's website to sign up for my classes, a notice popped up informing me of the following:

Your enrollment is currently on "Disciplinary" hold.

This is the first notification I have received of such a hold being placed by agents or employees of Santa Monica Community College District. There is no legitimate grounds for this hold as I am currently a student in good standing at SMC. Therefore, I respectfully request that this hold be removed immediately and that I be allowed to register for my classes.

I contend that the "disciplinary" hold is a direct violation of the Leonard Law, since the Leonard Law prohibits disciplinary actions against students for speech protected under the First Amendment, which includes a redress of grievances and free speech (surely inclusive of filing under the CPRA).

As you are well aware, Dean Judith Penchansky is a named defendant in our complaint under the California Public Records Act and any hold she may have placed on my enrollment in her official capacity as Dean of Judicial Affairs and as Campus Disciplinarian is clearly retaliatory in nature.

I am also protected by various laws govering free speech both on and off the community college campus as set forth in the California Education Code and SMC's own internal board policies under the Student Bill of Rights. I have a right to pursue my request and production of SMC's public documents under the CPRA, a right to free speech on and off campus, a right to publish my views and concerns in print and online, and a right to redress my grievances both by and through SMC and through any regulatory agencies which may be a concerned party in this matter as well as the right to report any alleged improper governmental activities. I also have rights to defend any and all copyright infringement claims I may have against SMCCD either now or in the future. To deny me any and all of these rights as a student of Santa Monica College is both retaliatory and a violation of state and federal law.

Accordingly, I will defend these rights as I deem necessary. In the spirit of avoiding further costly litigation and wasteful spending of the public funds of Santa Monica Community College District for the District to defend any such suit which I would be forced to bring for violation of my Constitutional Rights, I again request by this email that the wrongful and retaliatory hold on my SMC enrollment be removed immediately.

Very Truly Yours,
Des Manttari /s/

Feel free to link or print this; just include the SAVE SMC URL:

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