Tuesday, November 5, 2013

Jacksonville State University's central administration building, Bibb Graves Hall


By: Ed Moore III, WLJS 91.9 FM Anchor edmoorewljs@yahoo.com

Jacksonville, Alabama (WLJS) -- A Jacksonville State University student has been disciplined by university officials for the use of racial slurs towards other JSU students during a university sports event, school officials told WLJS News Tuesday.

Witnesses who spoke with WLJS News say that a white male student, who is a member of JSU's Sigma Phi Epsilon fraternity, a predominately white fraternity, used racial slurs towards black students who are members of another predominately white JSU fraternity during a football game inside JSU's Burgess-Snow Stadium.

The use of racial hate speech from the student took place during a home game between JSU and Jacksonville University of Jacksonville, Florida on the evening of Saturday, September 7. Witnesses say it happened in the student seating section of JSU's football stadium while in the presence of other students as well as visitors, which included parents and children.

Witnesses say the white student from Sigma Phi Epsilon called black members of the other predominately white fraternity "niggers" and then called the white fraternity brothers of the black students "nigger lovers."

This other predominantly white fraternity that the black students were members of has not been publicly identified.

Due to the Family Educational Rights and Privacy Act of 1974, a law that pertains to the release of and access to educational records, the names of the students involved or the actions taken against the student who used the racially charged language, cannot be released.

WLJS News can report that as of Friday, the student who used the racially charged language is no longer a member of the fraternity.

In a public apology released Friday from JSU's Sigma Phi Epsilon Chapter, it reads as followed:

"The members of Sigma Phi Epsilon’s Jacksonville State Chapter were appalled by the racist language used by a now former member during a Jacksonville State University football game on September 7, 2013. This language does not represent Sigma Phi Epsilon’s values or principles, and the individual responsible is no longer a member of our organization. Sigma Phi Epsilon believes strongly in the importance of diversity and inclusion within our chapter and the Jacksonville State community.

"This incident has given our organization a reason to reflect on how we can continue to lead on this issue. Our organization is committed to aggressively combating prejudice in all of its forms. Sigma Phi Epsilon, in accordance with the requirement of Jacksonville State’s Office of Student Affairs, will mandate that its members attend an approved educational program on cultural sensitivity and diversity to be hosted at the chapter's expense."

The incident also launched an investigation from the Jacksonville State University Police Department, which was a separate investigation from that of central university administration.

According to JSU Police Chief Shawn Giddy, the incident was originally reported on October 9 as a hate crime. According to public records from the university's police department, the investigation was later revised as an incident of disorderly conduct.

Giddy says the "hate crime” label was removed from the investigation because no physical contact, such as an assault, took place during the incident.

"We identified three victims who had racial remarks directed at them," said Giddy. [Originally] there were two suspects listed. [However], during the investigation, we only identified one offender."

According to a portion of the Alabama State Code's Section 13A-11-7, disorderly conduct would be defined as using abusive or obscene language or making an obscene gesture in a public place.

Alabama state law defines harassment as any person who, with intent to harass, annoy, or alarm another person, "directs abusive or obscene language or makes an obscene gesture towards another person."

According to Giddy, the victims in this case chose not to prosecute.

"[The victims] did not pursue criminal charges. [The department] has now forwarded [the case] to the university judicial coordinator for violation of student code of conduct."

Had the victims pursued prosecution of the student, that student would have been charged with harassment and disorderly conduct, both Class C misdemeanors, according to the Alabama State Code.

If convicted, offenders of a Class C misdemeanor could face up to 90 days in jail and/or a $500 fine.

According to Dr. King, JSU's Associate Vice President of Student Affairs, the administration’s investigation into this incident has concluded and the matter has been resolved.

King released this statement Tuesday to WLJS News:

“Recently, the Administration at Jacksonville State University learned of an incident at a sports event whereby a student and member of a campus fraternity, Sigma Phi Epsilon, made racially offensive comments to another fraternity and its members. An investigation into that incident has now been concluded and the student involved [has been] disciplined. The fraternity has issued a public apology.

"Jacksonville State is a diverse community of faculty, staff and students where the educational process involves instilling in students a mature understanding and appreciation of that diversity. The University regrets that one of its students failed to uphold the institution's high standards of conduct expected of all associated with the institution.

"The University will use this incident as a learning opportunity to educate all members of the JSU community about the importance of diversity and respect for the feelings of others in our society."

David B. Baker, who is president of the Calhoun County NAACP, was also involved in the administration’s internal investigation into the incident. Baker says he is satisfied with the outcome of the case and is proud of university officials for the way they handled the case.

Baker says he learned about the incident after being contacted by students from JSU.

"I must take my hat off to the administration for their hard work," says Baker. "I have to give them credit for their diligence in trying to resolve this issue. The seriousness of the problem is when people get angry and use words that they shouldn’t use. This is America and people have the right to say what they want, but they don’t have the right to offend people.”

Baker says he has been chosen by the university to preside over the diversity and sensitivity training with Sigma Phi Epsilon.

"I have been asked to do a sensitivity training with [Sigma Phi Epsilon] and bring a closure to this matter. I hope this incident does not occur again, but it could. If people take note of this incident, [they will realize] it’s not just a racial statement made from a white person to a black person, it can also be a black person making a statement that is out of taste to a white person. It could go both ways. If we sit down at the table and start talking to each other, things could get better in this country. We could be a better person and a better people."


This report was made through WLJS News in Jacksonville, Alabama on 11/5/2013 at 5:50 P.M.