A University official informed a student under disciplinary investigation that he could face future charges for approaching The Daily Reveille about his judicial investigation.
In an e-mail, Associate Dean of Students and Director of Judicial Affairs Eric Norman told a student if he continued to speak publicly about his judicial status he could be punished for violating the Student Code of Conduct.
Dean of Students K.C. White confirmed that a student could face possible repercussions for speaking publicly, but said she would not categorize Norman's instructions as a "threat."
"If someone happens to be talking about their disciplinary matter to the Daily Reveille, are they entitled to do that? Sure. Could it have consequences? Sure. It just depends," White said.
Last week, Patrick Esfeller, disaster science and management junior, spoke to the Daily Reveille about an ongoing judicial case involving him and another University student, Christina Wolfe.
After receiving written permission from Esfeller, The Daily Reveille requested Esfeller's judicial file from Norman's office. The University denied the records request.
Norman then informed Esfeller in an e-mail "the attempt to make public this information" could be interpreted as "an attempt to intimidate, harass, or unduly influence a potential witness, complainant, hearing panel member, or university administrator" and "any attempt to make this matter public may result in additional charges."
But Baton Rouge criminal defense attorney Michele Fournet said the dean's actions could be unconstitutional.
"I would have to think that in this situation it is a violation of his First Amendment right to free speech and possibly his right to due process because not only are you prohibiting him from speaking, you're punishing him for speaking publicly. I'd have to say that's possibly a violation of the First and Fourteenth Amendments," Fournet said. "As someone who has experience as an editor of a college paper in the '60s, it disturbs me to hear about free speech being stopped. In my opinion, a college campus is the one place where free speech must be allowed."
White denied that the University is attempting to stop Esfeller from speaking about the case.
"We do not restrict speech. Speech, when it becomes action, can have consequences," White said. "And everybody's speech when it turns into action where if another person is harmed, that could be a potential violation."
Esfeller said he has hired an attorney and is currently considering his legal options.
"The threat he made was totally uncalled for, and he's basically trying to keep me from having my freedom of speech. I have an attorney, and I've been in contact with the ACLU," Esfeller said. "Ultimately, I want to clear my name."
Wolfe refused to comment on the situation.
White said her office is concerned that if Esfeller went public with the situation, members of the upcoming hearing board could become more biased by media coverage.
"This information runs, and you kind of run the same risk as the Advocate or The Times-Picayune or anybody runs the risk of. We have faculty and students that serve on the University hearing panel," White said.
"Perhaps they read in the Reveille about a case that then they sit on a panel for, they need to recuse themselves because they have information that may or may not be accurate that is produced in a publication that would, in a sense, kind of taint your jury pool."
Esfeller was placed under investigation by the dean of students in November after Wolfe filed a complaint with LSUPD, citing repeated telephone calls with "annoying, improper language." LSUPD closed the case and did not file any charges. Esfeller is currently awaiting a judiciary hearing.
Esfeller said he approached The Daily Reveille with concerns because he thought the University was interfering with a personal dispute that he did not consider a violation of the code of the conduct.
----- Contact Sarah Yokubaitis at syokubaitis@lsureveille.com
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