Tuesday, May 30, 2006

Request for Formal Investigation re: SMC Game Club

Here is the email I just sent Deyna Hearn, Santa Monica College's Assistant Dean of Student Life, regarding both her failure to respond to my May 8, 2006 email to her regarding the alleged discriminatory practices and misuse of campus police of the SMC Gaming Club as well as my request that your office promptly conduct a formal investigation into this matter. Given her past failure to respond, and SMC's past violation of my rights, I doubt she will respond to me. If she does respond, I'm sure it will be to wash her hands of the situation. [Note: I accidentally put "Mrs." Hearn when I meant "Ms." I have corrected this typo in this email contained below.]

SMC Student Activities Advisory, Benny Blaydes

------------------------------ MY EMAIL TO DEYNA HEARN -------------


MAY 30, 2006

Dear Ms. Hearn,

I am writing to you with great concern regarding the written information I sent you, pursuant to your oral requests, regarding the SMC Gaming Club. Despite the fact that I sent you this information on or about May 8, 2006, I have not heard a single word back from you for the last several weeks since I sent both of the emails to you and other concerned people in charge of Santa Monica College as well as referencing the fact that I had provided additional supporting screenshots on my SAVE SMC blog.

Additionally, after I sent this information to you, you indicated to the Associated Students, during its Board Meeting at 3pm on May 8, 2006, that I had not in fact sent this information to you to substantiate my claims, when in fact I did. I am curious as to why there is a delay in your responding and why I was suddenly emailed a very flimsy suspension notice as a result that is in part supported by the false (and contradictory claims under penalty of perjury) of SMC student Thomas J. Baker?

Furthermore, on or about April 17, 2006, you wrote me a letter in which you stated in relevant part the following: "I've been informed that you have been summoned by the college's disciplinarian and that you have not responded." At the time you wrote this information, I had in fact responded and my meeting with Ms. Penchansky, the college disciplinary, was set aside so that I could meet with both Robert Sammis and Attorney Joshua Morrison for alleged "settlement negotiations."

Despite the fact that your statement was misinformed, you informed me in writing: "As the dean of Student Life, I must restrict you from participating in any student related activities until you have met with the Dean of Student Services, Ms. J. Penchansky and your case has been resolved."

Which case are you referring to? My California Public Records Act case upon which my wrongful suspension is being based in major part? As you are well aware, SMC's AR 4405 Student Bill of Rights states in section (C)(4), which governs student activities, states the following:

In student activities, the district guarantees the right of students to organize, to exercise freedom of speech, to participate in the student and institution government and to prepare and distribute student publications.

Furthermore, this restriction must adhere to guidelines of the California Education Code Section 76030 (ratified by SMC's Administrative Regulations) governing in part Removal from Extra-Curricular Activities, which makes clear:

Before removal from the above-mentioned activities is imposed, the student shall have a right to pursue the Hearing and Appeal Process as set forth in Section 2, F of this administrative regulation.

At the time I was denied access to participate in any student activities, I was not given written or oral notice by you that I could appeal this decision. Furthermore, in violation of my rights to participate in Free Speech, on or about May 2, 2006, during the ICC meeting on campus, of which you attended, your representative, Benny Blaydes (the Student Activity Advisor) informed me that you indicated that I could not participate in public commentary regarding the SMC Gaming Club at the ICC meeting. Only after appealing to the ICC Board did Mr. Blayde revoke his gag order.

I am wondering why SMC is continuing to support Thomas J. Baker despite the overwhelmingly contradictory evidence and his opposing statements under penalty of perjury, his allegations based solely on hearsay and innuendo, and given his commingling of SMC's club funds (paid through tax dollars) and resources with his own outside personal business enterprises? In fact, many of the SMC Game Club members are in fact listed as writers of Thomas J. Baker's website and, as such, would not be considered impartial and witnesses in any disciplinary case brought before the school.

Furthermore, I have been informed and believe and thereon allege, based on more than one statement, that Thomas J. Baker has been attempting to coerce my friends and fellow students at SMC into signing a petition against me to justify Judith Penchansky's wrongful suspension and that although Ms. Penchansky has this petition allegedly in her Office of Judicial Affairs, she has refused to disclose it. I find the coercion of students a violation of the Student Code of Conduct on the part of Mr. Baker.

Please be advised that SMC student Kurt Peterson, who has been acting as the authorized representative for the SMC Gaming Club to procure funds for an alleged club event is a staff writer for Thomas J. Baker on his website, The Game Review. As I previously indicated to you, Mr. Peterson made some very hostile statements to me on or about May 4, 2006, when he took me out into the hallway during the AS Finance Committee Meeting. During this time, Mr. Peterson had indicated the following:

Miss, why do I have an entire club that's willing to
testify against you? Why do I have an entire club willing
to try to get YOU? They are saying YOU are wrong.

I find Mr. Peterson's statements very "disruptive" to my learning environment, very discriminatory, and harassing given that he was an allegedly new member of the club (pursuant to his own admissions) and that I have been provided credible information by one Game Club member that Mr. Baker was attempting to force him to sign a petition against me justifying that the club was "unanimously" against me. In fact, I know a handful of Game Club members who are actually supportive of me.

Additionally, as previously indicated to you in writing, Mr. Peterson indicated that the SMC Gaming Club was hiding its meetings from us, including many who are disabled students at SMC. This is in direct violation of SMC's policy for equal access to all students in club activities and federally mandated inclusion of the disabled. How the SMC Gaming Club can obtain public funds from the school for a club that discriminates against a protected class of disabled students, and has been hostile toward them and used unwarranted police force against them to scare them away from future meetings is very disturbing and I ask that your office take action.

Additionally, Margaret Wick, a Game Club member, has allegedly filed a complaint with Mr. Blaydes that she had gone to a meeting of the SMC Gaming Club on or about May 12, 2006 and that the Club was not in its designated area, to wit Business 119. Furthermore, there was no written notice of cancellation of the meeting.

When Mr. Baker met with you and Howard Stahl on or about April 4, 2006, I am sure he probably made several statements to you that he had written to the SMCPD. In his written statement to the SMCPD, he paints a rather graphic picture that I had following him around, had refused to leave, and various other allegations he goes into detail of an incident that occurred in 2005 at the E3 Expo. However, under penalty of perjury to the California State Court in his answer to the temporary restraining order obtained against him, he responded in writing that he had only met me once in his life, to wit on March 24, 2006 at SMC. Given that the second statement, under penalty of perjury, is the more valid of the two statements, Mr. Baker made these deliberate and willful statements to the SMCPD in writing, upon which Ms. Penchansky is basing her actions, to have me wrongfully suspended and to further discriminate and harassment as I am a disabled student.

Mr. Baker's false statements, done deliberately, are in violation of SMC's Student Code of Conduct that sets forth guidelines for Academic Dishonesty. As such, I should not be denied access to any campus events, nor denied a chance to make public commentary, and I now ask formally in writing that you promptly conduct an investigation into Mr. Baker's wrongful and false statements as you oversee the campus clubs.

I look forward to your prompt response to these matters.

Very Truly Yours,
Des Manttari

Here is the video footage of the May 8, 2006 Associated Students Board meeting, as described in our blog article SMC's Smear Campaign and Extortion.

Kurt Peterson (left) and Howard A. Stahl represent the SMC Game Club during the May 8, 2006 SMC Associated Students Board Meeting, denying any allegations of wrongdoing and painting a picture of fun and games for all.

-- Des Manttari,
Phoenix Genesis

(c) 2006: Phoenix Genesis/MBS LP

Feel free to link or print this; just include the SAVE SMC URL: http://savesmc.blogspot.com/

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