Student Services Expels Ten Students

Administrators and Board Members Question Process; Students Appeal Decision, Claim Rights Violations

By Yehoshua Levine and Zack Streit

On Thursday March 7th, ten students were expelled from Yeshiva University for their alleged involvement in a police-investigated incident occurring in an off-campus apartment one week earlier.  While investigation into the nature of the incident and degree of involvement by the individual students remains inconclusive, a growing institutional firestorm has arisen over perceived violations of student rights and reluctance to establish a formal disciplinary protocol.

The dismissals, coming in the form of letters from Associate Dean of Students Chaim Nissel, caught the students – some of whom claim to have been bystanders to the event in question - off guard.  “This is an utter nightmare,” fumed an irate recipient of the letter.  “I came into Nissel’s office expecting nothing and I left with the knowledge that my life has just been completely ruined.”

The letters came after the ten students met independently with Nissel, as a result of their involvement in what the Office of Student Services is terming “the serious matters that occurred on or about Wednesday, February 27, 2002.”  Subsequent to their contacting Nissel on his request, the students were told to meet with Security Operations Coordinator Commander Ernest McNamee.

At this point, the students felt that they were merely clarifying an ambiguous situation for puzzled security personnel.  Without specifying the extent of their “involvement,” though, a letter soon informed the students that they were “dismissed from Yeshiva University effective immediately.”

“We [McNamee and I] had a friendly conversation and we concluded that I had not done anything wrong but that I was just at the wrong place at the wrong time,” recalled an unhappy student.  “Upon leaving the security office, I thought that I was done and that the case was closed.  The next thing I knew I was expelled.”

According to University Dean of Students David Himber, the meetings and ensuing decisions strictly adhered to University disciplinary protocol.  “When dealing with these situations, the two administrators who speak with the student confer with each other and thethe member of my department determines what should or should not happen.  This is really more an art than a science.  A lot of thought goes into this decision, because we know well that students’ futures depend on it,” he explained.

Despite Himber’s assertion, institutional sources have revealed that high-level Yeshiva administrators and board members have expressed severe disapproval with Student Services’ handling of the matter.  “I don’t know how I coulddefend this complete lack of an objective procedure to any outside sources or inquiries,” exclaimed one resident of Yeshiva’s upper echelons.  “This entire situation is a mess, and was handled poorly,” he continued.

In addition to the high-level criticism, many students have objected to the disciplinary procedures on the grounds that the indicted students neither met with a student advocate nor were informed of the charges levied against them.  By Rabbi Lamm’s directive, as reported in Issue 6 of The Commentator this year, students charged with wrongdoings must be aware that they are meeting with a student advocate “prior to any security hearings,” who will inform them of their rights and assist them upon request throughout any investigation.  Moreover, this student advocate is to be “someone who is not otherwise involved with the incident, its investigation, or subsequent disciplinary decisions.”

In this case, though, some of the implicated students claim that they never met with any such advocate.  “When I went to Nissel I had no idea that he was supposedly acting as a student advocate,” asserted one student.  “I didn’t even know that a student advocate was part of this process,” added another.

Furthermore, even after specifically requesting that the Office of Student Services provide an official list of justifications for his dismissal, one student was flatly denied.  “In order for me to properly prepare for the appeal of my dismissal from Yeshiva University,” this student wrote in an official correspondence to Student Services, “please submit to me…in writing, all the reasons for my dismissal as well as all evidence in detail to substantiate the allegations leading to my dismissal.”  Upon receiving this petition, Nissel turned it down with a simple “it is not our policy [to do so].”

Defending Student Services’ disciplinary policy, Himber claims, “I understood the charge to create a student advocate as someone from my department meeting with a student in an environment where the student is free to share his side of the story without being judged at the point.  This is why I separated the initial meeting between the student and my office (Student Services) and Security,” he explained.

However student leaders have opposed Himber’s definition of a student advocate on the grounds that the same administrator who allegedly offered a sympathetic ear also expelled the students.  “The student advocate was intended to be someone who would advise and counsel a student not one who would masquerade as a friend while serving as sole judge, juror, and executioner,” remarked an incensed student leader.

As Nissel noted in the letter notifying students of their ejection, students contesting the decision have the opportunity to appeal to Himber within twelve school days.  Therefore, stressed Himber, “As an appeals person I cannot know all the details of the case prior to the appeal hearing nor can I be involved in the decision making process in any way.”

According to another student leader, however, “Everyone knows that Himber and Nissel confer with each other on every major issue facing the Student Services.  It is ridiculous and naive to assume that Himber was not involved in the decision to toss these guys.”

Although the appeals are currently unfolding, the expelled students are still frustrated with the overall system.  “They’re running our lives using a joke of a system,” a disgruntled student concluded.  “They’re throwing me out of college and I don’t even know why.”