The Commentator
Volume 66, Issue 12
May 7, 2002


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Six of Nine Expelled Students Readmitted Upon Appeal

By Pinchas Shapiro

After a lengthy and ad hoc appeals process, six of the nine students expelled from Yeshiva University because of the events on and about Wednesday February 27, were readmitted with stained records.

Four of the students were sent letters readmitting them after they appealed to embattled Dean of Students David Himber.  Another two students had their initial appeals with Himber denied and remained expelled from the University as the Pesach break began.

After exploring various avenues, the students were granted an additional appeal by Yeshiva University Vice President for Academic Affairs, Dr. Morton Lowengrub, who assigned the case to Jewish Studies Dean Rabbi Michael Shmidman.  This unprecedented measure reportedly stopped the students from pursuing legal action against the University.  Overturning Nissel’s sentence and disregarding Himber’s decision, Shmidman found in favor of the students and subsequently readmitted them.

“You cannot appeal to the same body,” proclaimed Lowengrub, explaining his decision to send the students to appeal outside of the Student Services Office and directly contradicting the continued insistence of Himber, who still maintains that the process, which had students investigated, defended, tried, convicted, sentenced and re-sentenced all by his office, was fair and impartial.

The second set of letters sent by Student Services informed the students that they would be allowed to resume full status as students but warned that they would be watched carefully and suffer strict disciplinary action if they were found in further violation of any rules.

At a Student Life Committee meeting before the Pesach break Himber publicly defended his process however conceded that some written documentation outlining the rights and wrongs of behavior should be properly delineated.  Himber said that he would need till the last week in April to assemble the proper personnel and collect the appropriate data before he could meet with students on the matter.  Such a meeting has yet to take place.

Veering slightly from Himber’s understanding, Dr. Lowengrub insisted that a school wide committee comprised of deans, faculty, administrators and students would be created in order to review the current system and establish a new disciplinary structure.  Lowengrub envisions the ultimate creation of a body that combines faculty and students in the justice process, as is the case in many other major universities.

Lowengrub’s understanding seems to concur with various board members that have expressed their interest in reviewing and restructuring the Student Services Office and the disciplinary system after this most recent event called attention to current protocol.  In a conversation with Commentator editors, one board member explained, “I want to look at what they do in fair universities and establish a similar system here.”

“I am cautiously optimistic,” declared one student leader upon hearing of Lowengrub’s intent.  “I know how things have a tendency to stay the same around here, but if Dr. Lowengrub said he will help bring this system up to par, then I believe it will happen.”



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