SMC's Sham Suspension Letter

Here is yet another email sent to Judith Penchansky today. Of course Penchansky is not only refusing to adequately respond to any legitimate questions I may have, despite numerous emails, but she continues to refuse to provide me with my student records and any other documents, including SMCPD police incident reports, she is maintaining in her Santa Monica College Office of Judicial Affairs. Not only has SMC used police force against us, executed a massive smear campaign, but their administrators have also deprived its students, many of whom are disabled, with as many of their rights as they could get away with.

I have not been afforded a chance to even see formal charges against me, to see which of their summary charges apply to which alleged violations of the Student Code of Conduct, my witnesses have been intimidated and coerced, and I have been denied access to the campus to obtain witnesses, view my student records, obtain vital public records under the California Public Records Act, and take my final exam and turn in my final project in my class. Furthermore, both SMC student Jeff Higley and I have been denied our First Amendment rights to free speech. And the list goes on to the endless violations of civil and student rights (not to mention faculty rights to a fair contract) at Santa Monica College and the Academy of Entertainment & Technology satellite campus. Throw in the extortion and blackmail, and the suspension that followed, and its time for a major federal investigation into the goings on at SMC.

-- Des Manttari,
Editor-in-Chief,
Phoenix Genesis

(c) 2006: Phoenix Genesis/MBS LP


--------------------- YET ANOTHER EMAIL TO JUDITH PENCHANSKY -----------------

RE: DEMAND FOR MY STUDENT RECORDS, SUPPLEMENTAL INFORMATION AND FURTHER EXTENTION OF TIME TO FILE APPEAL RE: SUSPENSION

Des Manttari
P.O. Box 64563
Los Angeles, CA 90064

June 1, 2006

VIA EMAIL AND PERSONAL DELIVERY

Attention: Judith Penchansky, Disciplinarian
And Assistant Dean of Judicial Affairs,
Santa Monica Community College District
1900 Pico Blvd., Santa Monica, CA


Dear Ms. Penchansky:

This is a response to the suspension letter and email provided to me on behalf of Dr. Robert Adams, acting as an agent and employee of Santa Monica College (hereinafter, “SMC”), dated May 23, 2006. In this suspension letter, SMC states that I am immediately suspended from the college for two years based on a summary list of allegations followed by a summary list of SMC Administrative Regulations (AR) governing Student Code of Conduct. Both the summaries of allegations and the AR subsections are listed independently of each other, thus there is no application of the allegations to the alleged violations of the student conduct code warranting an excessive and immediate suspension for two entire years, especially given the fact that I have never been arrested on the SMC campus, pose no harm, and I have suffered damages in that I am unable to finish my ET 14 Web Design class, taught by Zeny Baduel, at the Academy of Entertainment and Technology (hereinafter, “AET”) vocational satellite campus at SMC.

FAILURE AND REFUSAL TO PROVIDE ME WITH MY STUDENT RECORDS.

At approximately 9:40 am on May 31, 2006, my authorized written representative, Stephen E. Drury, Sr., met with you and your assistant, Marilyn Goodrich, in your Office of Judicial Affairs, located on the main campus of Santa Monica College.

At this time, Mr. Drury again asked for a copy of the written letter of suspension, signed by Dr. Robert Adams and the SMC AR regulations, which I had not received. You provided these documents to him, along with a pink one page document entitled "Office of the Disciplinarian, Request for Hearing - Appeal of Suspension." As I had not received proper notice of the immediate suspension, you have granted an additional time to respond to the appeal until Tuesday, June 6, 2006, as the emailed notice was not valid notice.

However, you have again adamantly refused to provide the following documents to Mr. Drury and myself, which I have requested in writing as follows:

1. Any and all Santa Monica College Police Incident Reports that you have allegedly received and maintain in your "disciplinary" files in your office and upon which you base your wrongful and immediate suspension.

2. Any and all written correspondences in my "disciplinary" files, including any and all correspondence between us or any interested parties.

3. The petition you generated and circulated against me, in conjunction with one of my accusers, SMC student Thomas J. Baker, and which both of you have attempted to coerce my witnesses and fellow students into signing.

4. Any and all witness statements for or against me that have been submitted to you and are allegedly contained in your "disciplinary" files and upon which you are basing your wrongful and immediate suspension.

5. Any and all formal and / or informal complaints lodged against me and which are allegedly contained in your "disciplinary" files and upon which you are basing your wrongful and immediate suspension.

6. Any and all investigative reports that you or anyone at Santa Monica College may have written or filed that may be contained in your "disciplinary" files and upon which you are basing your wrongful and immediate suspension.

As you are well aware, you are in violation of my rights and due process. Any and all documents in your alleged "disciplinary" files are part of my student records, I have provided you with written notice authorizing these to be released to Mr. Drury, and I have asked for them repeatedly in writing from you and Attorney Robert Sammis, also Vice-President of Planning and Development at SMC, who you have now indicated in handling this appeal. You have admitted to Mr. Drury that you knew what I wanted as I had asked you for this information many times, yet you are still refusing to release it to me.

You stated to Mr. Drury the following words, or words to that effect, when he asked for these student records and these documents upon which you justify your suspension as contained in paragraphs 1-6 above: "Yeah, I'm not to give you that." You claimed that these records are "confidential." Mr. Drury reminded you that my student records are not confidential as they pertain to me.

DEMAND TO RECORD WRITTEN STATEMENT.

As you are also aware under the provisions of FERPA and SMC's own administrative regulations in addition to the California Education code, I am entitled to inspect these student records, including disciplinary records, and to correct any information that I feel is inconsistent, false, or I otherwise wish to comment upon and that my written corrections and comments are to be considered part of my student records, including these disciplinary records. The law states as follows:

California Education Code, Section 76233 provides, “Whenever there is included in any student record information concerning any disciplinary action taken by community college personnel in connection with the student, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action.”

In fact, your office not only refused to provide him with my student records, but your assistant, Marilyn Goodrich, was trying to refuse a hard copy of two emails I had previously written you which outline the various violations of my rights and your failure to disclose my student records. Ms. Goodrich stated the following to Mr. Drury, or words to that effect: “Um, I don't want this. She's emailed this. We don't want this.” When Mr. Drury insisted that it be placed in my disciplinary files and that you stamp and initial a courtesy copy for my records, Ms. Goodrich was speechless in mid-sentence according to Mr. Drury. Reluctantly, you did accept the hard copies of my emails. This is just another example of your unwillingness to be fair and impartial with me and to set an unjust precedent in my appeals case.

MY STUDENT RECORDS ARE NOT “CONFIDENTIAL” AND ACCORDINGLY SHOULD BE PROMPTLY DISCLOSED.

In the farthest reaches of the imagination, these records cannot be considered "confidential." This is not an issue of a pending suspension, but an issue of an immediate suspension for a rather lengthy and unjustified period of two years and the unjustified restrictions of being escorted on campus by campus police, of which you have made clear again to Mr. Drury today. Although you have relied on police incident reports, blanket charges against me, written statements, and other clearly "manufactured evidence" such as your adverse petition against me, I have not been afforded an opportunity to examine, question, amend, or correct this information.

There is no court of law that allows a person accused of wrongdoing from examining the statements of their accusers, the statements of witnesses, or the official police reports filed. Obviously, you have found me guilty before being proven innocent, rather than a presumption of innocence before being found guilty, in violation of my Constitutional rights. Any and all witnesses or accusers are not considered "confidential" as they have allegedly volunteered information to you upon which you base your wrongful suspension. If these individuals have in fact submitted these statements, then they are expected to appear at the appeal hearing and defend these statements, regardless of whether they are true or not, or whether they intend to tell the truth or lie. I remind you again of your own SMC administrative regulations that state in writing:

"If a written report is placed in the student's disciplinary file, the student shall have the right to inspect and appeal the information as specified in Education Code Section 76232."

Since I have been informed and believe and thereon allege that you have violated my right to FERPA confidentiality in my student records by disclosing such to those not authorized by me such as my accusers and witnesses you intend to us, as was stated by Thomas J. Baker, to help him prepare any testimony against me, then I should be afforded such opportunity to review these same statements prior to filing an appeal as you have already taken upon yourself to immediately suspend me.

You have referenced SMCPD police incident reports and other statements and documents upon which you have justified my denial of classroom participation, which has damaged me in that I have been unable to finish my ET 14 web design class or to submit my final project or to take my written final exam despite the fact that I have worked extremely hard all semester long and have struggled extremely hard with my hearing disability to follow along with Ms. Baduel's exceptional instruction. As you are well aware, Ms. Baduel will no longer be teaching this class after this semester, as she's to take over for Professor William Lancaster as AET Chairperson. As such, I am further damaged as I am being deprived of her excellent course and the ability to learn from her wealth of knowledge.

Again, you have relied on SMCPD incident reports to justify your suspension, yet you have failed to provide these to me, including the original one from April 2005. This is now almost June 2006, a fourteen-month delay. I have repeatedly asked for these records in writing since as far back as August 2005. Like my public records requests under the California Public Records Act, you have found endless excuses and delays and false promises that I will receive them when in fact I never do. In fact you confirmed to Mr. Drury today when you stated the following, or words to that effect: "I know what she's asking for. She's asked me many times." Yet, you still hide behind your false contentions of "confidentiality."

Additionally, you remarked, that you provide me what you consider "appropriate." There are no restrictions to the access to my student records that authorize you in your capacity as campus disciplinarian to decide what is "appropriate" and what is not. Clearly, you have never intended, and do not intend, to produce these police reports or student records for my inspection. Please define what you mean by “appropriate” for me to have?

THE SMCPD INCIDENT REPORTS ALLEGEDLY FILED AGAINST ME ARE NOT “CONFIDENTIAL” AND ACCORDINGLY SHOULD BE PROMPTLY DISCLOSED.

The handful of police incident reports I have received have all been falsified in some way, shape, or form to justify your wrongful disciplinary actions. I find it particularly disturbing that I have never been charged with a formal crime under an California statutory law, yet you have misused the campus police (of which you vigorously have copied email correspondence to SMCPD Chief of Police Eileen Miller), acting under the color of law, to file reports of with the only charge being your vague and end-all "disruptive student" charge. Had in fact I committed any crimes on campus, I would have been legitimately charged with some crime, arrested, handcuffed, and booked.

Or course, these police incident reports are filed to justify the harassment of students, the wrongful interrogation, and the denial of civil rights. In fact, never once have I or any students (many of which are disabled students) who have wrongfully been detained and interrogated by various police officers on campus, including but not limited to Willie Malone, Michael Champagne, Steve Hearn, and Mark Kessler, have ever once been read our Miranda Rights. Thus you are in violation of our Constitutionally protected rights under the Fifth and Fourteenth Amendments, governing due process and equal protection.

Additionally, you stated to Mr. Drury today, as you have previously indicated in writing to me, that I cannot come onto the SMC campus unless I first check in with campus police and I am escorted to your office. Since you have previously threatened arrest with campus police to me and at least one other disabled student in writing, I find this harassing and retaliatory. Furthermore, based on my experience and the experience of other students, each and every time campus police miraculously show up on the scene, despite their contentions that their conversations are not police matters and that no further action will be taken by them, we are subjected to one of your vague and ambiguous letters that we have "violated the code of student conduct" by virtue of being "disruptive."

The most blatant example of this was the recent disciplinary letter sent to SMC student Jeff Higley for his attempts to politely question campus police regarding why he was unable to videotape a "spoken word" event in SMC's designated "Free Speech Area" as described in your own campus administrative policies. Not only have you used the campus police to justify the violation of our due process rights, you have used the campus police to violate any Free Speech rights we may have under the First Amendment of the U.S. and California Constitutions. The Supreme Court has made very clear for over a half century that a student does not shed his Constitutional rights on campus and that school administrators, acting in conjunction with the campus police, cannot regulate speech we may make that causes controversy or discomfort to you or anyone on campus. Since these SMCPD reports go to the heart of my defense in my suspension appeal, and they were written against me, they are not “confidential” and should be promptly disclosed.

SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 1

“You disrupted the AET lab in April 2005 and campus police were called.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide a specific date in April. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe how I have “disrupted” the AET lab on April 2005.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention that “campus police were called,” you have failed to provide me an SMCPD incident report despite the fact that this was over a year ago. Please provide this document immediately. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Additionally, on or about June 5, 2005, you sent me a letter, via U.S. mail, in which you wrote the following: “Nothing will appear in your academic records regarding this incident.” Despite your assurances, you are now suspended me based on this allegation. Please set forth any and all documentation allowing you to now suspend me on this vague and ambiguous charge from which you have previously exonerated me.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 2

“You made threatening remarks about lab employees at the AET to Professor Jim Keeshen in Spring 2005.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide a specific date in Spring 2005. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “threatening remarks” I allegedly made, concerning which “lab employees” and any all reports filed by Professor Jim Keeshen.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I made these “threatening remarks about lab employees to Professor Keeshen in Spring 2005,” the school has taken no action based on these hearsay allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Additionally, on or about June 5, 2005, you sent me a letter, via U.S. mail, in which you wrote the following: “Nothing will appear in your academic records regarding this incident.” Despite your assurances, you are now suspended me based on this allegation. Please set forth any and all documentation allowing you to now suspend me on this vague and ambiguous charge from which you have previously exonerated me.

Furthermore, you knew or should have known, that these allegations were false and that you had informed Professor Jim Keeshen on or about May 6, 2006 that if he did not write these allegations, that he would be blackmailed with job loss and / or a hostile work environment. Furthermore, you knew or should have known that Professor Keeshen promptly reported your blackmail threats to him and to me regarding this incident and that I have subsequently reported it to the Federal Bureau of Investigation along with any supporting evidence. Please set forth any and all justification you have to move forward with this wrongful suspension in light of this information.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 3

“You took unauthorized photographs of students and lab employees at the AET lab on August 10, 2005.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide specific names. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “unauthorized photographs” I allegedly made, concerning which “lab employees” and “students” and any all reports filed by anyone at SMC.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I made these “unauthorized photographs,” the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 4

“You disrupted the office of Pat Green on August 17, 2005 and campus police were called.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide an explanation of what you mean by “disruptive” nor have you provided me with a SMCPD police incident report. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “disruption” that allegedly occurred and any all reports filed by Pat Green.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I “disrupted the office of Pat Green on August 17, 2005,” I never met with campus police on that date and the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 5

“You disrupted the office of Judy Fritz on August 19, 2005 and campus police were called.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide an explanation of what you mean by “disruptive” nor have you provided me with a SMCPD police incident report with this suspension letter. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “disruption” that allegedly occurred and any all reports filed by Judy Fritz or anyone else at SMC.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I “disrupted the office of Judy Fritz on August 19, 2005,” I never met with Judy Fritz on that date and the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 6

“You harassed Professor Keeshan [sic] on February 27, 2006, at his ET2 Storytelling class and campus police were called.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide a specific explanation of what you refer to as “harassment” nor have you provided me with a SMCPD police incident report with this suspension letter. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “harassment” I allegedly made, concerning Mr. Keeshen and any all reports filed by Professor Jim Keeshen.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I “harassed Professor Keeshan [sic] on February 27, 2006,” the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 7

“You harassed Professor Keeshan [sic] on March 6, 2006, at his ET2 Storytelling class.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not provide an explanation of “harassment.” Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe the “harassment” that allegedly occurred, concerning Mr. Keeshen and any all reports filed by Professor Jim Keeshen.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I “harassed Professor Keeshan [sic] on March 6, 2006,” the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 8

“You ignored Dean Penchansky’s letter of March 6, 2006, which stated that you were not to communicate with Professor Keeshen either in person, via telephone, or by e-mail, when you e-mailed him on March 15, 2006.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you have not attached the March 15, 2006 email to him to this instant suspension letter. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe how my sending him an email violated any student conduct code and under what administrative regulation or board policy you are authorized to prohibit me from communicating with anyone outside of the school setting and any all reports filed by Professor Jim Keeshen.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I made “ignored” your letter, the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 9

“You were asked to leave the SMC Gaming Club on Friday, March 24, 2006 and campus police were called.”

You have provided me with no written formal charge attached to your suspension regarding this allegation and you do not attach the relevant SMCPD incident report. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report as well as any and all investigations conducted by Santa Monica College. Please set forth any and all facts and explanations that describe who precisely “asked” me to “leave the SMC Gaming Club on Friday, March 24, 2006”, under what authority this individual or individuals had a right to do so, and any all reports filed by anyone, including Thomas J. Baker.

Furthermore, you have repeatedly failed to afford me a chance to meet with you with the legal representative of my choice and have stated in writing that you refuse to have a “written dialogue” about this matter.

Despite your contention I was “asked to leave the SMC Gaming Club on Friday, March 24, 2006,” the school has taken no action based on these allegations until this instant suspension. Furthermore, despite the fact that you knew, or should have known, that I was not cited with any violation of California law under the California Penal Code or any other government or education code or other statutory provision, you have taken it upon yourself to immediately suspend me from Santa Monica College for two years.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SANTA MONICA COLLEGE SUSPENSION ALLEGATION NUMBER 10

“You disrupted the AET lab on May 8, 2006, demanding that the lab tech remove a student who was using the lab, claiming that he was not entitled to use the lab.”

You have provided me with no written formal charge regarding this allegation and I have never heard of this incident until the instant May 23, 2006 suspension email. Please set forth any and all supporting documentation including time, witnesses, and the name and title of the person filing this report. Please set forth any and all facts and explanation that describes how I have “disrupted” the AET lab on May 8, 2006.

Because you have failed to provide me with any and all documentation, you have violated my rights to correct this information in a timely manner or to adequately respond to these vague and ambiguous charges. You have failed to state precisely which student conduct code or codes I have allegedly violated by this summary you have provided. Please provide this information to me prior to my being forced to file an appeal from suspension.

Additionally, you have failed to provide any and all written documentation, despite repeated numerous requests, claiming that this information is “confidential.” This information is not confidential if it is allegedly contained in my student records, including any and all disciplinary records maintained by your office, and if SMC has used it to warrant my immediate suspension from Santa Monica College for two years. Furthermore, it is not confidential if SMC intends on using it to present a case against me to the SMC Appeals Hearing Committee. Therefore, you have denied me my rights to inspect and correct information in my student records.


SMC CITED ADMINISTRATIVE REGULATION NUMBER 1 (AR 4410 A).

“Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.”

Please set forth any and all facts that support your contention that I violated AR 4410 (A) by “continued disruptive behavior.”

Please set forth any and all facts that support your contention that I violated AR 4410 (A) by “continued willful disobedience.”

Please set forth any and all facts that support your contention that I violated AR 4410 (A) by “habitual profanity or vulgarity.”

Please set forth any and all facts that support your contention that I violated AR 4410 (A) by “the open and persistent defiance of the authority of, or persistent abuse of, college personnel.”


SMC CITED ADMINISTRATIVE REGULATION NUMBER 2 (AR 4410 B).

“Assault, battery or any threat of force or violence upon a student, college personnel.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “assault upon a student.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “assault upon college personnel.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “battery upon a student.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “battery upon college personnel.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “threat of force or violence upon a student.”

Please set forth any and all facts that support your contention that I violated AR 4410 (B) by “threat of force or violence upon college personnel.”


SMC CITED ADMINISTRATIVE REGULATION NUMBER 3 (AR 4410 G).

“Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.”

Please set forth any and all facts that support your contention that I violated AR 4410 (G) by “persistent, serious misconduct.”

Please set forth any and all facts that support your contention that I violated AR 4410 (G) because “other means of correction have failed to bring about proper conduct.”


SMC CITED ADMINISTRATIVE REGULATION NUMBER 4 (AR 4410 J).

“Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other college activities, including, but not limited to, community service functions, or other authorized activities.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of teaching.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of research.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of administration.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of disciplinary procedures.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of other college activities.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of community service functions.”

Please set forth any and all facts that support your contention that I violated AR 4410 (J) by “obstruction or disruption of other authorized activities.”


SMC CITED ADMINISTRATIVE REGULATION NUMBER 4 (AR 4410 L).

“Willful or blatant misuse of email or other inappropriate forms of communication towards faculty, staff or students including but not limited to phone, voicemail, written notes and any form of electronic communication.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “willful or blatant misuse of email toward faculty.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “willful or blatant misuse of email toward staff.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “willful or blatant misuse of email toward students.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward faculty.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward staff.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward students.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward faculty via phone.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward staff via phone.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward students via phone.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward faculty via voicemail.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward staff via voicemail.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate forms of communication toward students via voicemail.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate written notes toward faculty.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate written notes toward staff.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate written notes toward students.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate electronic communication toward faculty.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate electronic communication toward staff.”

Please set forth any and all facts that support your contention that I violated AR 4410 (L) by “inappropriate electronic communication toward students.”


SMC CITED ADMINISTRATIVE REGULATION NUMBER 4 (AR 4410 P).

“Failure to comply with directions of college officials acting in the performance of their duties.”

Please set forth any and all facts that support your contention that I violated AR 4410 (P) by “failure to comply with directions of college officials acting in the performance of their duties.”


DEMAND TO PERMIT ACCESS TO STUDENT RECORDS.

By copy of this notice, I am requesting in writing that you provide me forthwith with all student records, including but not limited to disciplinary files, held anywhere on the SMC campus, including your office, and in the possession and custody and control of SMC and its agents and employees. I further authorize that any and all student records and disciplinary files held by SMC be released to my authorized agent, Stephen E. Drury, Sr. pursuant to California Education Code, Section 76242 which states,

“A community college district may permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the student is prohibited. The consent notice shall be permanently kept with the record file.”

DEMAND FOR ADDITIONAL EXTENSION OF TIME TO FILE APPEAL.

By copy of this written notice, I am again demanding that you produce any all documents in my student records, including disciplinary records maintained by you, including, but not limited to the items enumerated previously herein. Furthermore, by virtue of your failure to provide me with the documents in a timely manner, I have been harmed in that I have not been afforded any opportunity respond to them, correct them, or comment on them, and as such, cannot prepare an adequate appeal of my suspension. As such, I should have a further extension beyond your meager extension of June 6, 2006 (ironically, the date you exonerated me previously in writing of two of the allegations you have now suspended me on) to file my appeal and demand that you give me an extension in writing with a date that will provide me enough time to review any documents, including police incident reports, that you have in your file with my attorney or attorneys of choice.

DEMAND TO REMOVE THE “DISCIPLINARY HOLD” ON MY SMC ENROLLMENT FOR THE RESPECTIVE SUMMER AND FALL 2006 SEMESTERS.

The current “disciplinary” hold on my enrollment is a direct violation of the First Amendment Free Speech Clause and the California Community College Free Expression Law (Calif. Education Code Section 76120), since these laws prohibit 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 California Public Records Act and for writing and publishing on my SAVE SMC Blog). By copy of this letter, I am requesting that this “disciplinary hold” be removed from my records so that I may register for classes.

NOTICE OF INTENT TO BRING ATTORNEY TO APPEAL AND RECORD PROCEEDINGS AND NOTICE OF INTENT TO MAKE PROCEEDINGS PUBLIC.

By copy of this written notice, I am informing you that I intend to bring an attorney of my choice to represent me at this appeal hearing and that I intend to videotape and / or audio record said hearing. I further request that this hearing be made public as the deprivation of rights and pervasive hostility by a community college, funded with tax dollars and student tuition, is a matter of vital interest to the public

By copy of this letter, I am requesting that this written request be placed permanently in my SMC disciplinary file and that copies be placed in your personnel file.

Thank you for your prompt attention to the foregoing.

Very Truly Yours,


Des Manttari /s/

U.S. Department of Education, Office For Civil Rights
Dr. Chui Tsang, President
Robert Adams
Zeny Baduel
Stephen E. Drury, Sr.

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