Resolution 02-12-03 C
Associated Students of Washington State University Thirty-Second Senate
Sponsored By: Jeremiah Hodgins, Brady J. Horenstein, and Chad Savaikie
WHEREAS, Washington State University has a diverse student and faculty body, including many students from outside the United States, and many students with diverse cultural backgrounds whose contributions to this community are vital to the culture and civic character of Washington State University; and
WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people living in the City of Pullman, hence including the students at Washington State University, the following: freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and
WHEREAS, the preservation of civil rights and civil liberties is a pillar of American society and is essential to the well-being of any democracy, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, under false pretense of national security or patriotic zeal; and
WHEREAS, the City of Pullman and the community of Washington State University denounces terrorism, and acknowledges that federal, state and local governments have a responsibility to protect the public from terrorist attacks, but should do so in a rational, deliberative and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; and
WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act; Public Law 107-56) on October 26, 2001; and
WHEREAS, some provisions of the USA PATRIOT Act and other related federal orders and measures pose a threat to the civil rights and civil liberties of all students staff and faculty at Washington State University, particularly to those who are immigrants of Middle Eastern, Muslim or South Asian descent, by:
a. Reducing judicial supervision of telephone and Internet surveillance.
b. Expanding the government's power to conduct secret searches without warrants.
c. Granting power to the Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations".
d. Granting power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime.
e. Granting the Federal Bureau of Investigations (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime.
f. Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced; and
WHEREAS, law enforcement and security measures that undermine fundamental rights do irreparable damage to the American institutions and values of equal justice and freedom that the students staff and faculty of Washington State University hold dear; and
WHEREAS, the Associated Students of Washington State University believes that there is not and need not be conflict between security and the preservation of liberty, and that students of Washington State University can be both safe and free; and
WHEREAS, more than 25 communities throughout the United States have enacted resolutions reaffirming support for civil rights and civil liberties in response to the USA PATRIOT Act and other government policies that threaten these values, and demanding accountability from law enforcement agencies regarding their use of these new powers;
THEREFORE, LET IT BE RESOLVED BY THE THIRTY-SECOND SENATE OF THE ASSOCIATED STUDENTS OF WASHINGTON STATE UNIVERSITY
1. AFFIRM support for the fundamental, constitutionally protected civil rights and civil liberties of all residents of Washington State University, and oppose those measures that infringe upon such civil rights and liberties or that single out individuals for legal scrutiny or enforcement activity based solely on their country of origin, religion, ethnicity or immigration status.
2. URGE all students, staff, and faculty of Washington State University to respect the civil rights and civil liberties of all members of this community, regardless of citizenship or heritage.
3. URGE all students, staff and faculty of Washington State University to demonstrate similar respect for civil rights and civil liberties of all people.
4. URGE the Police Department of the City of Pullman and all other applicable City Departments, except when required by law, to:
a. Refrain from utilizing race, religion, ethnicity or national origin as a factor in selecting which individuals to subject to investigative activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity or national origin is part of the description of the suspect.
b. Refrain from participating in a joint search of the property, residence, or business of a resident of Pullman with any law enforcement agency absent the assurance that simultaneous notice of the execution of a search warrant to such Pullman resident will be provided.
c. Refrain from undertaking or participating in any security initiative, such as the Terrorism Information and Prevention System (TIPS), that encourages members of the general public to spy on their neighbors, colleagues or customers.
d. Refrain from any practice of stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without particularized suspicion of criminal activity.
5. URGE federal authorities not to subject any individual in the custody of the City of Pullman or Washington State University Police Department, which are placed in federal custody to military detention, secret detention, secret immigration proceedings, or detention without access to counsel.
6. URGE Washington State University administration to provide notice
to individuals whose education records have been obtained by law
enforcement agents pursuant to Section 507 of the USA PATRIOT Act
(Disclosure of Educational Records).