Police, Judicial Charge Breeze Reporters
October 26, 2009 • By Katie Thisdell, The Breeze
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HARRISONBURG, Va. — Judicial Affairs and the JMU Police have charged two members of The Breeze staff for disorderly conduct, trespassing and non-compliance with an official request while reporting.
Tim Chapman, editor-in-chief, and Katie Hibson, a contributing news writer, were notified by e-mail Thursday afternoon of the charges.
Judicial Affairs Director Josh Bacon was out of the office Friday and unable to comment.
On Oct. 18, Hibson, a sophomore media arts and design major, was investigating the Oct. 17 trespassing incident in Hillside Hall, which The Breeze learned about when JMU sent a “Timely Notice” e-mail on Oct. 18.
Hibson said she was invited into the residence hall that afternoon when she identified herself as a reporter.
She said she was invited into the building by resident Ariel Spagnolo, who Hibson said was within 15 feet of her as she interviewed people. After identifying herself to resident adviser Maria Lane, Hibson said she was asked to leave, which she said she promptly did.
Hibson returned to Hillside later in the afternoon with Chapman, a senior media arts and design major, accompanied by Emmie Cleveland, a Hillside Hall resident and assistant sports editor for The Breeze. After trying to interview residents, Hibson said Lane and Hall Director Sarah Woody asked them to leave the building, and Woody then called police.
Woody and Lane declined to comment Sunday.
According to Policy J8-100 in the JMU Student Handbook, disorderly conduct is any disturbance “that interrupts the orderly operation of the university and/or infringes on the rights of community members.”
The policy on trespassing, J40-101, states, “Any individual refusing to leave an area as directed by an authorized faculty or staff member is responsible of trespass.”
Policy J21-101 prohibits failing to comply with reasonable or lawful requests from residence hall staff.
Chapman and Hibson have been requested to set up an appointment at Judicial Affairs. Chapman said Roger Soenksen, a media arts and design professor and The Breeze’s legal adviser, would speak with Bacon on Tuesday regarding concerns about the reporters’ First Amendment rights. Chapman and Hibson said they will wait until then to act on the referral.
Contact Katie Thisdell at breezenews@gmail.com.
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15 Responses to “Police, Judicial Charge Breeze Reporters”
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This is absurd! When asked to leave, Hibson did so immediately. Then, so that she could finish the reporting she was working so hard on, she returned with Tim Chapman and ANOTHER HILLSIDE RESIDENT. This means two (count them, one, two) residents of Hillside Hall invited Hibson in so that she could interview residents for her report. According to the article, no residents complained that they were being disturbed in any way, and no interruption to the “orderly operation of the university” was occurred. Furthermore, the only community members whose rights were infringed on in this case are Hibson and Chapman! Their right to free press has been infringed on, and this is simply unacceptable.
Just because you’re a Resident Adviser or a Hall Directors doesn’t mean you have a right to refuse to be reasonable.
I actually don’t think their right to free press has been infringed upon. It would not have been difficult at all when asked to leave for the Breeze staff to simply say. ” I am sorry but we have been asked to vacate the premises. If anyone would like to be interviewed for this story or provide additional information please come with us to TDU or Dukes, or you can e-mail us at: xxx@jmu.edu.” Not difficult at all. The dorms are not public areas they are private. A JAC card is required to get into them.
Its kinda like at Homecoming in years past, I knew someone who lived in Hillside dorms who was a friend and was letting me in to use the restrooms. The RA stopped her from doing so. That is their perrogative and it is in JMU’s policy’s. If you are asked to leave and you don’t live there you leave.
Journalists have in many cases been asked to leave premises that are not public areas. You have to comply with that request, and then find another way to get at the information you need or face the consequences.
This is just another example of a university trying to coverup an incident that will make them look bad. This occurs all the time. You would be shocked at the number of attempted suicides and sexual assaults that occur on college campuses, and how universities do everything within their power to prevent even their own community (students/faculty) from ever finding out. I was a firefighter/emt while in college, and saw the university I attended (Denison) try to cover up multiple incidents from anyone ever finding out, because it might “reflect poorly on the institution”. Disciplinary officials even tried to get information out of me in regards to certain incidents while knowing it was illegal for them to even be asking questions. This is what happens when a group of intellectuals get together, and feel that they know what is best for everyone. The irony of an institution that is supposed to promote intellectual freedom and the dissemination of information acting like a communist country speaks for itself here.
I can pretty much guarantee that the Resident Adviser/Hall Director was advised to prevent the reporters from entering the dorm, and alert the authorities by JMU officials. The only people to blame here are the powers that be at JMU who want to keep enrollment high, and the alumni dollars flowing in with complete disregard for the safety of its students. Have fun at college kids!!
something is not right any way you look at it….
for the amount of money you all are paying to attend JMU, none of this should be an issue.
Lock the bathroom doors…its not rocket science!
Brad;
You’re wrong. Did you read the Breeze story above your comment? Here’s an important excerpt it seems you may have missed:
“On Oct. 18, Hibson, a sophomore media arts and design major, was investigating the Oct. 17 trespassing incident in Hillside Hall, which The Breeze learned about when JMU sent a “Timely Notice” e-mail on Oct. 18.”
The Breeze found out about the incident from an email sent by the university. This email not only went to all students but to local media as well.
How is this a “cover up”?
By the way, I work at JMU.
Chapman and Hibson had every right to be there. They are JMU students inside a JMU dorm accompanied by two other JMU students who invited them in.
A dorm is still the same as any other private residence, whether it be an apartment or anything else. After being asked to leave a private residence, and you go back in after being told to leave, it’s still trespassing. Live and learn, and man up to your error.
JMU authorities should be as up in arms about this so-called “trespasser” as they are about prosecuting earnest young students whose calling is to help their fellow student through journalism. Double-Shame on JMU!
My daughter is one of those who has had the misfortune of seeing the peeper at her door. Who is doing anything about it? He apparently was arrested just last week by city police and was immediately released on bail. His fourth peeping incident, now considered a felony, and he walks the same day he is arrested!
For a town whose “anchor store” is a prison, the Rockingham County judges sure don’t want to put local criminals in jail. Perhaps that’s because they MAKE money when an out of district criminal is jailed, but they LOSE money when Rockingham County is paying the room and board. There’s a dirty cesspool of a judicial system in that town, JMU has so much clout in that community, yet I don’t see Lynwood Rose doing anything about it.
And police have said the guy is harmless? Today! He’s harmless today, but he started peeping OUTSIDE women’s windows. And then he stood outside their bedroom doors, and now he’s standing over their beds. When he crawls into bed with them, and THEN they scream, he’s going to want to quiet them. How will THAT occur? And WHEN will it occur?
By the way, if you Google his name, you’ll see where he works.
everyone knows that jmu dorms are NEVER strict about the visitation policy and they hardly EVER enforce it. the ra and hall director had no right to ask them to leave in the first place when for 1, she wasn’t doing anything wrong, and number 2, she’s a student here, and was accompanied by a hillside resident. ra’s like to think they’re so much better than everyone else, they probably did it just because they “have the power.” and why can’t they publish the names of the RA and Hall Director who caused such a scene?
Andy,
Quit lying through your teeth, and your staunch defense of the university made it clear that you’re a puppet who they pay to push the party line. You only notified local media after they found out to cover your own tracks. Below is a link to an article in The Daily News Record about how the victim of this incident critizes JMU (you) for not taking the incident seriously. Sending out a news alert to cover your tracks after the fact doesn’t count to alerting the media.
http://www.dnronline.com/details.php?AID=41418&CHID=1
Also Andy, I just looked up your job title at the university on JMU.edu (drum roll….) and surprise surprise your title is Assoc VP Comm and Marketing. The university has sent its talking head to post comments on news websites to downplay/discredit any negative comments about the university. Keep talking big guy, because everytime you open your mouth on here it just makes you and JMU look that much more guilty. If my comments truly had no merit the university wouldn’t send its top dog out. By simply responding to my post you have now put the issue on the map.
Actually Brad, I’m only 5 foot 9 — really not that big at all. But thanks.
[...] and asked the reporter to leave. The Breeze EIC came by as back-up. So did the hall director. Now, as the paper and the Student Press Law Center report, the EIC and reporter are being charged with [...]
[...] The Breeze reported: [...]
This is all very simple
Trespassing - “Any individual refusing to leave an area as directed by an authorized faculty or staff member is responsible of trespass.”
Hibson and Chapman left when asked, therefore it is not trespassing.
Disorderly Conduct - “interrupts the orderly operation of the university and/or infringes on the rights of community members.”
Not one shred of evidence has been presented to show this was done.
Non-compliance with an official request while reporting - Hibson and Chapman left when asked
This is the biggest travesty of a case that I have ever seen. What is JMU proving by victimizing two young reporters for doing their job? In addition, anyone who goes to JMU knows no RA or Hall director gives a damn who is in their dorm, as long as they are not causing a disturbance. There was no reason to ask these two to leave, except (bringing up Brad’s point) to cover up the story, as it made the RA, Hall Director, and JMU all look bad. Don’t create a skapegoat because you couldnt keep your dorm secure