The James Madison University Judicial Affairs Office has brought charges against student journalists for allegedly committing policy violations while reporting.
Journalists working for The Breeze, JMU's student newspaper, declined to comment on the issue per their attorney's advice, said JMU Media Arts and Design Prof. Roger Soenksen, legal adviser to The Breeze.
Breeze Editor-in-Chief Tim Chapman and contributing news writer Katie Hibson were brought up on charges of disorderly conduct, trespassing and non-compliance with an official request, according to a Breeze report that Soenksen confirmed. Hibson had entered Hillside Hall Oct. 18 to report on a "Peeping Tom" incident that had occurred the day before, Soenksen said. She was invited into the building by a resident who remained within 15 feet of Hibson as she conducted interviews. Hibson exited the building when a resident adviser asked her to leave and returned later with Chapman, accompanied by a resident. The resident adviser and hall director asked them to leave and then called the police, the article reported.
JMU spokesperson Don Egle declined to comment on specifics of the case. He said JMU has policies in place to protect students' safety, well-being and privacy. In essence, the policy dictates that a student who does not live in a residence hall should not be in that hall, he said.
"Guests are allowed," Egle said, "but for a guest to enter, you have to be invited and then you have to be accompanied the entire time during your visit in the residence hall."
Soenksen said Chapman and Hibson were following procedures, noting that they asked to be escorted in as the policy requires. "I hardly think knocking on a door asking for someone's comment is considered disruptive behavior," he said.
The reaction of dormitory officials was because Hibson and Chapman "were asking ... some uncomfortable questions," Soenksen added.
Egle said the charges have nothing to do with the status of the students. "This policy applies to all," he said, "not certain individuals, not certain groups, but everybody, regardless of whether or not you write for The Breeze."
Soenksen disagreed with this evaluation. "We believe that the students were acting as journalists, covering a scene where crime were committed, and clearly you can't look at that student like any other student," he said, "because they do represent the fourth estate, and there's been probably over 40 years of court decisions to support the interpretation that they are indeed covered just as professional journalists are covered when gathering information about a story."
The students have hired an attorney "to protect themselves," he added, considering the judiciary office's rulings are on a gradual system, meaning that the accused could be suspended. JMU's judicial process "provides the opportunity for everyone to come to the table, discuss what has taken place and then at the end of the day, reach a fair conclusion," Egle said.
Soenksen said that at this point, all communication is between the judicial office and the students' lawyer. "It's in the hands of the attorney at this particular point," he said, "and the students are abiding by the instructions of their attorney."
Attorney Alice Lucan stated through e-mail that she is volunteering for the Student Press Law Center, "and we're taking a look at the facts and the law." She declined to comment further.
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