http://www.ocregister.com/articles/college-744067-neil-cox.html

http://www.ocregister.com/articles/neil-744162-college-orange.html

What's good for the goose, as the old adage says, is, or at least should be good for the gander. Eh?

Before I begin this article, I must state that I'm not a member of any organized political party. I'm a libertarian! :>)

And have been one since 1938. And my last name is pronounced "body," and thus the pun on the famous words in the title. I was born intuitively leaning toward supporting the rights of the individual as a result of my Afro American (formerly Negro, colored, a.k.a. African American) culture. My personal two pillars of principle as a libertarian are:

"Do all you agree to do, and do not encroach on other people or other people's property."

Additionally, please leave me alone unless I ask for your help or involvement.

And know that I have been on the faculty at Coastline since 2000, teaching business law, American history, but mostly political science, specifically American government and politics, California state and local government, and survey of current issues. I have been involved with the Coast Community College Association (that's the part-time faculty union here in the CCC District) that encompasses Orange Coast College, Coastline Community College and Golden West College, since 2003. I earned a law degree from Syracuse University, College of Law in 1970, and have been on the faculty several other colleges and universities part time since then. Like our recent former POTUS, as well as my personal friend and law school colleague, Joe Biden, I also have taught Constitutional law over the years, including involvement in actual real life cases regarding academic freedom, free speech, civil rights, and racial discrimination in employment, among other things.

So I begin this article by saying that academic freedom as well as objective tolerance are seriously threatened today here in America. There is clearly a full fledged attack on free speech in academia today. Academic freedom for the non liberal, non progressive, student is in great jeopardy nationwide, as recently seen in the cradle of the free speech movement of the last century, Cal Berkeley, and regretfully now here at OCC. The intolerance, however, appears to be only toward those with whom they are not in agreement, which is perilously akin to all other nations on earth and their institutions, with the sole exception of ours, originally.

And I must share here that I do regret that our partner union at CCCD, Local 1911 of the Coast Federation of Educators, which is our full time faculty union, has come to a completely opposite position from mine in this matter. But reasonable people can and do come to different conclusions regarding similar facts and circumstances.

Orange Coast College has apparently turned its back on academic freedom and integrity with the suspension of freshman student, Caleb O'Niel, for recording Olga Perez Stable Cox, his human sexuality instructor, who made clearly incendiary comments about the election of Donald Trump (a.k.a. "The Donald") and his supporters DURING (a human sexuality) CLASS of all things (not a political science or history class).

As mentioned, the controversy has become national news. "O'Neil video-taped Cox as she called the election of Trump 'and act of terrorism' and declared that those 'leading the assault are among us," according to the Orange County Register reports. "It's not some stranger coming in from another country coming in and attacking our sense of what it means to be an American." Caleb claimed that the professor also said she would "no longer tolerate any person who voted for Trump". O'Neil openly campaigned for Trump, and Cox knew that. So he was justifiably afraid that his instructor might retaliate against him.

So he recorded her comments and shared them with the OCC president and administration. Now this student is being punished, because the recording apparently went against the CCCD rules about recording on school grounds without consent from those being recorded. The college said that the student violated the student code of conduct, as well as Cox's syllabus, which prohibits students from recording class proceedings.

"Unauthorized recording is a serious violation of the Student Code of Conduct," wrote Interim Dean of Students, Victoria Lugo, in a letter to O'Neil. Serious? Come on.... (I personally ask my students to PLEASE record or video anything they wish in all of my live brick and mortar or hybrid classes or review sessions.) By the way, it's important to know and note that O'Neil isn't being charged with violating the law. He's accused of violating college policy and the class syllabus. But he's expelled and the source of the entire problem is not even approached with any sanction in this convoluted game.

To be sure, the freshman broke the rules about recording in class, but those rules are also quite absurd, especially considering that recording lectures is a common way for college students to study course material. And again, Olga Cox is not a political science instructor, where the topic could possible be relevant, and this was clearly a political issue. In addition, her opinions should not be considered proprietary information protected by copyright, OCC being in a public institution, and not some private company. Furthermore, Cox's rants and opinions didn't belong in that class room. We as teachers are meant to teach, and actually not persuade, nor intimidate, or indoctrinate students with our biases.

At the core, this was and remains a full fledged assault on free speech, as well as a desire to intimidate and squash different political opinions. Surely, if Cox didn't want her words shared publicly, she shouldn't have uttered them in that lecture hall. It's also unlikely that this situation would have played out the same way had the roles been reversed. Had O'Neil recorded a teacher making inflammatory pro-Trump remarks, he would have undoubtedly been held up as a hero of tolerance and inclusion. But the anit-free speech politically correct "snowflake" trend on college campuses of late is tolerance of only one viewpoint. It's inclusion only for those who happen to agree.

"In a free society, Cox has a right to her opinion and to express her opinion, but she also has a job to do. Her statements, and reportedly asking Trump supporting students to stand and be counted, are not intended to further rational discourse in any way. Academic freedom is not the right to spew rhetoric from a lectern, but rather to challenge ideas and beliefs, especially those from positions or authority, like your professors, free from recourse. Instead, in this era of safe places and trigger warnings, academic freedom seems to have come to mean the freedom to ignore scholarship and views of those with whom you disagree." O.C. Register Editorial . Opinion February 19, 2017.

But what about the teacher? Here I share from a recent letter to the editor in the OCR, by retired OCC faculty member, Stephen Robinson, regarding this whole thing. "Singling out and punishing Caleb, for his behavior, while blatantly ignoring the equally inappropriate behavior of Olga Cox is wrong." As grievance chair of the part time faculty union here, and as with Dr. Robinson, I am frequently involved with issues brought against faculty by both administrators and on occasion by students. Happily, with the far greater greater proportion of the grievance resolutions, I have found faculty members without fault. In a few instances faculty members were found to be culpable. Ms. Olga Perez Stable Cox wears the stain of culpability here for instigating this entire unfortunate situation. I find it impossible to believe that her inflammatory classroom actions and comments are in either her syllabus or her lesson plan.

Should the District punish or reprimand Ms. Cox for her unprofessional behavior, as they have the student? Stephen Robinson states, "This is a tough call, as both faculty and student rights are paramount.... So, lets approach this from a cause-and-effect position. Had Olga ... stuck to her syllabus and not strayed into her political biases of the moment, would Caleb O'Neil have committed the infraction he is accused of? Objectively, no, of course not; no cause, therefore, no effect." No harm, no foul, as Chick Hearn used to say.

So, the administration of Orange Coast College should retract the needless and harmful punishment upon Caleb O'Neil. He was bullied, and justifiably concerned. He went to the administration for help, and they delayed for too long. So in the midst of this modern social media, "selfie" or selfish age, the world saw and heard what was done to the student (who by the way, is not on Facebook or any other of those
detractive apps).

To add insult to injury Orange Coast College apparently has required the student to write a letter of apology and a three page essay explaining his decision to record Ms. Cox, share it publicly and discuss "the impact of going 'viral' and the ensuing damage to Orange Coast College students, faculty and staff" before being allowed to return. OUCH !!

The notion that a public college can compel a student to write an apology for publicizing is professor's political statements and rants is not only a bit worrisome, but it's crazy. Students should generally be protected from compelled speech. I submit that if sanctions remain against the student, some of equal weight must be brought against the instructor. And SHE needs to apologize to Caleb, and any other Trump students. And then maybe she might be required to write an essay or two, also.

Finally, just seriously think about what if this same crazy situation where reversed with a Hillary or Bernie supporter recording a hyper pro-Trump instructor who went off script as Olga did? That student would probably be making national news but as a hero, and the wrath would switch to the instructor. Free speech for student and instructor. What's good for the goose....

But as Dennis MIller is known for saying after many of his rants, "but of course, I could be wrong!"

~ RBB/TBP

P.S. I saw a photo in the newspaper of some OCC students rallying, including those in the Feminist Club, in support of Olga Cox on December 12, 2012. One big sign said "RESPECT".... I really thought that person was on the wrong side.

"Once it becomes acceptable to equate truth with treason, we can no longer call ourselves a free society"
                                                               ~ Hon. Ron Paul, M.D. (9/4/11)

Richard B. Boddie, J.D.
Coast Community College Association
V.P. and Grievance/Negotiation Chair
Coastline Community College