exhibit 7 appeal to student life committee

7/28/2019 Exhibit 7 Appeal to Student Life Committee

http://slidepdf.com/reader/full/exhibit-7-appeal-to-student-life-committee 1/22

March 9, 2010

To the Student Life Committee at La Sierra University:

Vice-President Bazan has limited what I could write to the Student Life Committee by

allowing me to only address my rationale as to why the decision ofthe Judicial

Committee was unfair or biased. My request to appear before this Committee to defend

myself was also refused. This limitation is not supported by the policies of the

University, including the Student Handbook.

Accordingly, I am entrusting my defense to my faculty representative, Mr. Jay DuNesme.

According to the Student Handbook, Mr. DuNesme is allowed to participate in all of the

discussions regarding me and my case. Because I have been denied my right to appear

and defend myself, his full participation is essential. I respectfully request he be given

unlimited access to any and all records and files regarding me and that he be allowed to

fully and freely participate for the entire duration of all proceedings regarding me and my

case.

In order to prepare for my appeal, I asked various questions about the appeals process and

also requested necessary documentation be provided to me to enable me to prepare for

my appeal, including the following:

Copies of all formal and informal complaints filed against me, including

verbal complaints by any students, faculty or staff.

• A specific description of the charges and/or infractions that La Sierra is

currently or has in the past alleged against me.

The exact cites from the Student Handbook which La Sierra is currently,

or has in the past, alleged I have violated, as well as all supporting evidence

referring or relating to these allegations.

All documentation and information relating to why such severe

disciplinary actions have been taken against me.

Information on the Judicial Committee, including to a list of individuals

who are presently on this committee as well as those who were on this committees

as of December 3, 2009. Please also provide information on the committee's

authority to act and areas of responsibility. I have not been able to find any

information on this committee.

Information on the Discipline Committee, including a list of individuals

who were on this committee the week of September 21-25, 2009, as well as this

committee's authority and areas ofresponsibi1ity.

Information on the Admissions Committee, including a list of individuals

who were on this committee the week of September 21-25, 2009, as well as thiscommittee's authority and areas of responsibility.

All communication records including but not limited to e-mails, memos,

letters, telephone/ call records and notes, referring or relating to me, including but

not limited to communications from the following offices and departments:

Student Life, Vice-President for Student Life; Dean of Students, President's



Office; Biology Department, Religion Department, Chaplain's Office, and the

Provost's Office.

• A list of all individuals who have attended the various meetings and/or

proceedings against me and/or who have provided evidence for or against me, and

all supporting documentation.

• All evidence files referring or relating to me.

All notes, files, and records for any of the various meetings or proceedings

relating to me, including all video or audio recordings or transcriptions.

On January 15,2010, the Dean of Students agreed to provide all of the requested

documents to me and to thoughtfully and adequately answer the various questions I had

asked. Contrary to Dean Curtis' commitment to me most of the information I have

requested has been refused and my questions have been ignored.

Despite repeated requests, only recently have I received a very limited number of

documents. I have not received the above listed documents, although my requests arc

reasonable and necessary to ensure a fair proceeding. Additionally, I was given acommitment by a University official who agreed to provide this documentation to me.

For weeks I relied on this assurance, to my detriment, only to now learn LSU will not

provide the documents and has breached the agreement made by this University Official.

Once a commitment has been made by LSU, it should be fulfilled.

Notwithstanding the above agreement, the Family Educational Rights and Privacy Act

entitles me to receive those records, files, documents and other materials which contain

material directly related to a student and are maintained by an educational agency or

institution or by a person acting for such agency or institution. Most of my requests for

information fall into these categories and must be provided to me by law.

I have been denied access to the information presented at the proceeding, the names and

authority of the Judicial Committee, transcripts or minutes of the proceeding, as well as

all evidence (oral and written) which was used against me. It is therefore impossible for

me to address why the decisions of the Judicial Committee were unfair or biased because

I do not know what evidence or testimony they considered or how they reached their

decisions.

I have also been denied my right to examine, question and challenge the evidence and

testimony presented. I have been denied such basic rights as knowing who my accusers

arc or the rationale as to why the Judicial Committee made the decisions. This same

process has been ongoing during my experience at La Sierra. For instance, in September

2009, I was sent by the Provost to Dean Curtis as a result of a disciplinary hold on myregistration. When I spoke with her, she stated that she did not know what specific

charges had been brought against me, even though she was the one who was to spearhead

the decision-making process. Once she "became aware" of the allegations, she refused to

tell me who was making them.

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To summarize, nearly all of my requests have been ignored or denied. Consequently, I

have been denied my right and ability to discover the evidence and testimony used

against me, which would allow me to prepare a defense to the allegations against me.

Because it is impossible for me to guess what evidence the Committee considered, the

testimonies against me, as well as the discussion and rationale of the Committee, I have

been placed in the unjust position of not being able to challenge the evidence or

otherwise defend myself. I specifically requested the opportunity to appear before the

Student Life Committee to defend myself against these unknown allegations and

evidence. This request was also denied.

Rather than allowing an open, transparent and just review of the decisions made against

me, the Administration insists on presenting the allegations against me in a one-sided

vacuum, thus denying me a fair review and due process. Under these circumstances it is

impossible to defend myself. I have been denied my rights to a fair and just appeal.

The Administration has failed to comply with the regulations and policies of theUniversity and the guidelines of the Student Handbook, and my rights have been

violated. Because of the failure of the Administration to follow due process, I

respectfully request the Student Life Committee grant my appeal.

The Vice President for Student Life has been designated by the University President to

assure that student rights arc vigorously upheld and to administer fairly the

responsibilities outlined in University policies. Vice President Bazan has failed to

advocate for me and has instead personally denied me my rights, due process and justice.

This is an additional violation of the policies of the University which justifies that my

appeal be granted.

I also wish to noti:f)r the Student Life Committee that several of my rights have been

violated, including but not limited to the following Student Rights listed in the Student

Handbook:

2. La Sierra University students have the right to expect a Christian university to

be a place of spiritual nurture. A Christian learning environment nurtures spiritual

growth of all members of its community while teaching the faith and traditions of

the Seventh-day Adventist Church.

The Administration has repeatedly asserted I am not being disciplined because of what I

believe. I disagree with this statement. Significantly, all of the various allegations against

me are related to my fight for the Rights assured me in the policies of this University. IfStudent Right #2 had not been repeatedly violated, I would not have been placed in the

position of having to defend the faith and traditions of the SDA Church on a SDA

campus and would never have been disciplined.

In fact, all of the allegations against me arc the result of my defending the faith and

traditions of the Seventh-day Adventist Church. Consequently, if my Student Rights had

3



not been violated there would be no charges against me and there would be no resulting

disciplinary actions. Because this particular Student Right was violated first, and all

allegations relate to my defense of this Right, the Student Life Committee should grant

my appeal.

Additionally, I believe my Rights have been violated because I have been singled out and

targeted because I exposed the Administration and LSU publicly regarding the Biology

Department's teachings on origins. The actions of the Administration against me have

negatively affected my experience at LSU in many ways, including socially,

academically, and spiritually. I have also been subjected to scorn and ridicule. I am

convinced I am a victim of retaliation of the Administration for defending my beliefs and

the beliefs of my Church.

9. La Sierra University students have the right to freely and without fear of

reprisal express their opinions, beliefs, and questions, including expressions about

University student life and academic experiences. A Christian learning

environment supports respectful expression of diverse ideas through appropriatemeans.

As indicated above, my right to freely, and without fear of reprisal, express my opinions,

beliefs and questions about my academic experiences has been breached. I believe I have

also suffered reprisal because of my sincere attempts to defend the faith and traditions of

the Seventh-day Adventist Church. Perhaps I am viewed as a "whistle blower" who

exposed and embarrassed the Administration. In any event, I have suffered many forms

of reprisal, ridicule and discriminatory and unjust discipline. Since September of last

year, the Administration has harassed me, embarrassed me, and retaliated against me,

perhaps in hopes I would leave LSU. These actions include the unjust and unfair

disciplinary hold placed on my student account which prevented me from registering for

an entire week last fall. My receiving the Citizenship Probation is only the latest

retaliatory incident.

10. La Sierra University students have the right to impartial discipline appropriate

to the infraction of University policies. A Christian learning environment respects

and supports the individual.

Instead of receiving impartial discipline appropriate to the infraction of University

policies, I have been singled out and repeatedly given several discriminatory, unfair and

unprecedented disciplinary punishments. One of the actions taken against me is contrary

to the prescribed punishment according to the Student Handbook. On December 3, 2009,

I received a Letter of Censure for distributing the following personal note to about 20 ofmy friends and classmates:

Dear Friend,

I am writing you in regards to the promotion of the theory of evolution in La Sierra's Biology

classes. W c arc being told that we arc a product of millions of years of gradual change. W c arc

also being told that the theory of evolu tion and the Bible arc entire ly compatible. Y ct, as we have

4



seen (Biology Seminar on 11117), in the eyes of many the Bible is significant chiefly because of

its cultural richness. As Mr. Webster suggested, the figurative or "realistic" models of Bible

interpretation may be helpful, but the literal model of interpretation is not. This is hard for me to

accept, especially when I read what Jesus Himsel f said: "But from the beginning of the creation,

God 'made them male and female."' Mark 10:6. In context, Jesus is speaking of humans, and He

is quoting directly from Genesis! Jesus also said "For if you believed Moses, you would believe

Me; for he wrote about Me ." John 5:46. Evolution teaches that humans were "c reated" at the end

of the world timeline. Jesus teaches that humans were made at the beginning of the creation of the

world, not at the end. Who will YOU believe? If you are wrestling with doubt or wondering

even why things like this arc being taught at a Christian university; if you want answers; scientific

answers, Biblical answers-then email me and share your concerns. I have permission from a top

SDA scientist to share his peer-reviewed work that has been published in leading scientific

journals. My email is [email protected].

God Bless,

Louie

I was told by Dean Curtis that I violated the Student Handbook because I distributed

flyers without first receiving approval from the Office of Student Activities. She cited

page 62 of the Student Handbook under "Advertisements" as follows:

All materials distributed, posted, or displayed on the La Sierra University campus must be

approved by the Office of Student Activities (OSA) prior to being distributed or posted anywhere

on the campus. Persons wishing to erect advertising paraphernalia must receive the approval of the

Director of Student Activities prior to erecting the materials.

The above note is not a flyer and I was not advertising or selling anything. More to the

point, even if this slip of paper was determined to be an advertising flyer, the Student

Handbook limits the disciplinary actions which may be taken against a student for

violating this provision. Failure to comply with the approved placement of

advertisements is limited to the following disciplinary actions:

•

•

•

•

First Offense: A written warning

Second Offense: A fine of $10

Third Offense: A fine of $20 and will be restricted to poster placement.

Fourth Offense: Complete loss of posting privilege

Clearly, the context of the Student Handbook into which Dean Curtis placed my actions

should not result in a Letter of Censure. This serious and severe disciplinary action was

in direct violation the Student Handbook and is not appropriate to the infraction of

University policies.

Furthermore, this punishment cannot be viewed as impartial. As far as I know, no other

student has received a Letter of Censure for not getting approval before passing a note inclass, and no other student has received a Letter of Censure for failure to get a banner,

flag, or flyer approved.

I am convinced I was singled out and disciplined unfairly and harshly, in direct violation

of the limited punishments dictated by the Student Handbook, because I offered to

provide to 20 friends and classmates scientific data supporting Biblical Creation. The

5



Letter of Censure was not a disciplinary option for this alleged violation. I believe I was

unjustly disciplined for defending the faith and traditions of the Seventh-day Adventist

Church when this unwarranted disciplinary action was taken against me, in violation of

policy.

It is important to note that had I not received the Letter of Censure, I would not have

received the Citizenship Probation. Dean Curtis explained to me that the Citizenship

Probation was issued to me because it was part of a progressive escalation of disciplinary

punishments. Because I had already received the Letter of Censure, I was considered a

repeat offender.

Additionally, I was initially denied admission to La Sierra University in the fall because

of my alleged actions nearly seven months before. After reviewing my case, the

Discipline Committee appealed to the Admissions Committee in September 2009 in an

effort to block my admission. This was another partial and discriminatory action which

was in violation of the Student Handbook as follows:

Usually a disciplinary action will not affect recommendations forwarded to any Admissions

Committee or to another institution if the particular item is an isolated out-of-character

development with no recurring pattern in combination with other citizenship problem. It is the

pattern of one's citizenship record, which may determine the recommendation forwarded to any

other institution to which the student applies.

Despite the fact the allegations against me were isolated and out-of-character, as I had

never before been in trouble; despite the fact I had apologized to President Wisbey

concerning the incident immediately after it happened; and despite the fact no

disciplinary action was taken against me for 7 months, a disciplinary hold was placed on

my account which prevented me from registering. As a result, my admission to La Sierra

University was delayed for a whole week.

This is a disciplinary action which has affected my name and reputation at La Sierra and

is in my student file. Again, when I asked the Dean of Students what allegations I was

being held for, she told me she did not know. Following my request to know the

allegations for which I was being held, it took the Administration two full days to send

me a short and general description of the allegations. I received this brief list the day

before the Admissions Committee was to meet and decide on whether or not to allow me

to return to La Sierra. Throughout that first week of fall quarter, and in my letter to the

Admissions Committee, I repeatedly asked to know who was accusing me, and the

spec[fics of their accusations. This was because the list of five allegations that were

given to me were overwhelmingly false. Yet I never was given the opportunity to speak

for mysel f before my accusers or even to know who it was that was accusing me of suchactions, despite requesting Dean Curtis in person that she fulfill my right as a student.

Before I was finally admitted, I had to write two letters addressing these charges. My

case was then transferred to the Admissions Committee as an appeal from the Discipline

Committee. All of this was in violation of the policies of the University and the Student

6



Handbook, which limits the Admission Committee to serious cases involving repeat

offenders, which I was not.

As a result of these specific disciplinary actions, a negative and false student record has

been created, my reputation has been damaged, and my entire experience at LSU hasbeen adversely affected. I am convinced if not for the unfair disciplinary action of

September 2009, it is unlikely the other charges would have been placed against me,

because, according to the Administration, they arc all related and arc considered repeat

offenses.

Finally, I have been subjected to an unfair process by not being allowed to attend any of

the proceedings against me. I have been denied access to the testimony and evidence

used against me. I have never been allowed to appear before any of the various

Committees to defend myself. This has been the case throughout the school year despite

my consistent requests to appear before the Committees.

When instructed on how to defend myself, I have been told to describe how I plan tocorrect my behavior in the future. This direction indirectly implies that I am guilty of

wrong behavior. Because I have been denied a chance to be present at the Committee

meetings, and because I don't know what specific evidence the Committees have

considered, my defense is handicapped. Yet I have been forced to respond, because I

have no other choice. My alternative would be to offer no defense, thus scaling my fate

or defying the orders of a University Official. This was unjust and unfair and is yet

another example of how my rights have been violated and due process denied.

Attached please find correspondence relating to my appeals, which I am fully

incorporating by reference into this statement.

l. Notice ofAppeal letter to Dean Sue Curtis, dated January 13, 2010. There arc two

attachments that follow this letter. The first is the letter issuing me the status of

Citizenship Probation which I received via the mail on January 8, 2010. The

second is the document I received describing the rights of students who arc

suspended.

2. A second Notice of Appeal letter to Dean Sue Curtis, dated January 14,2010.

3. Email response from Dean Sue Curtis dated January 15,2010, at 8:45am.

4. Letter to the Discipline Committee dated September 21, 2009.

5. Letter to the Admissions Committee dated September 25, 2009.

I respectfully request the Student Life Committee to grant my appeal by voting for a

reversal of all disciplinary actions taken against me by La Sierra University. I am prayingfor God's blessing on each of you as you deliberate these matters.

V cry respectfully,

Louie Bishop

7



Dean Sue Curtis

Associate Vice-President of Student Life

Dean of Students

January 13,2010

Dear Mrs. Curtis,

On Monday, .January 11, 2010, I received in the mail two documents. The first

Jetter, which is signed by you, notifies me the "Judic ial Committee" has placed me

on Citizenship Probation. Your letter defines Citizen Probation as "discip linary

status indicating that a student is in serious violation of policy."

Your letter also indicates a second document was included to outline my rights.

This second document is undated, unsigned, and is addressed to "Students Under

Suspension." Although unsigned, the letter indicates it is from the Vice-President of

Student Life and the Dean of Students. I have attached both of these documents tothis e-mail for your reference.

The Student Handbook defines Citizenship Probation as follows:

''Disciplinary status indicating that a student is in serious violation ofpolicy.

Citizenship Probation is an automatic consequence with suspension."

The above underl ined language appears in the Student Handbook, in addition to the

language cited in your letter. In our conversation last week you specifically told me I

was not suspended. The definition in the Handbook states otherwise.

In addition to being addressed to Students Under Suspension, the undated

document you sent is entitled, "Rights, Responsibilities, and Appeals process

available to students suspended from La Sierra University." The same document

also states: "This letter is to inform you of your rights and responsibilities and of

the appeal process in use on this campus for students suspended from the

University. The student who is suspended has a right to appeal. The first process

available to the student is to request reinstatement to the University in writing

within a week of the date of this letter to the Student Life Committee." This

document repeatedly states I !.!!!. suspended. All of this is very confusing to me.

Regardless of whether I am actually prevented from attending classes, the official

definition of Citizenship Probation includes an automat ic suspension. This is alsoconsistent with the appeal document you sent to me as described above. This is

serious because my official student record/file (which will include both of the

attached documents) will show I have been suspended from La Sierra University for

a serious violation. This could have negative consequences and be detrimental to

my future goals in life. I do not believe this disciplinary action is fair or

appropriate. Please consider this le tter as my wri tten notice of appeal.



Additionally, I do not believe the other actions taken against me have been fair or

appropriate and I intend to appeal these actions as well. Specifically, please consider

this letter as my written notice of appeal for my admission to La Sierra University

being delayed in September 2009, result ing in my missing the first week of school.

Please also consider this letter as my written notice of appeal for the "Letter of

Censure" which I received from the .Judicial Committee on December 8, 2009. I t is

important for all of the historic charges against me to he appealed because I believe

the previous allegations about me, if unresolved, will affect the outcome of my

Citizenship Probation appeal.

In the e-mail I received from you today, you said the Student Life Committee will be

meeting this coming Tuesday, January 19th at 1:30 J>M to consider my case. This

does not give me much time to prepare for my defense. Because of these time

constraints I respectfully request the following documentation to he given to me by

no later than Friday, January 15,2010:

•

•

•

•

•

•

•

A copy of my complete student tile

Copies of all formal and informal complaints tiled against me, including

verbal complaints by any students, faculty or staff.

A specific description of the charges and/or infractions that La Sierra is

currently or has in the past alleged against me.

The exact cites from the Student Handbook which La Sierra is currently, or

has in the past, alleged I have violated, as well as all supporting evidence

referring or relating to these allegations.

All documentation and information relat ing to why such severe disciplinary

actions have been taken against me, despite my apologizing for my actions

and misunderstandings and my sincere attempts to make things right.

Information on the Judicial Commit tee, including to a list of individuals who

are presently on this committee as well as those who were on this committees

as of December 3, 2009. Please also provide information on the committee 's

authority to act and areas of responsibility. I have not been able to find any

information on this committee.

Information on the ()iscipline Committee, including a list of individuals who

were on this committee the week of September 21-25, 2009, as well as this

committee's authority and areas of responsibility.

2



•

•

•

•

•

•

Information on the Admissions Committee, including a list of individuals

who were on this committee the week of September 21-25, 2009, as well as

this committee's authority and areas of responsibility.

Infot·mation on the Student Life Committee, including a list of individualswho are currently on this committee, as well as this committee's authority

and areas of responsibility.

All communication records including bu t not limited toe-mails, memos,

letters, telephone/ call records and notes, referring or relating to me,

including but not limited to communications from the following offices and

departments: Student Life, Vice-President for Student Life; Dean of

Students, President's Office; Biology Department, Religion Department,

Chaplain's Office, and the Provost's Office.

A list of all individuals who have attended the various meetings and/or

proceedings against me and/or who have provided evidence for or againstme, and all supporting documentation.

All evidence files referring or relating to me

All notes, files, and records for any of the various meetings or proceedings

relating to me, including all video or audio recordings or transcriptions.

To save mailing time and expense, I will be happy to personally come to your office

to collect these documents. Please let me know when it is convenient for me to do so.

Although the various proceedings against me have been very discouraging and time

intensive and have adversely affected my academic studies. I am looking forward tothe opportuni ty to appear before this committee. I am relieved to be able to finally

know what evidence is being used against me, and for the first time to be able to

personally defend myself.

Please send me as much information about the appeals process as possible, including

how much time will be allotted to my case, a description of the procedures, and theamount of time I will be given to present my side of the case. I would also like to

request a tape recording or a video recording be made of this proceeding to protect

my rights and to establish an accurate record.

The appeal document included with your letter and attached above states thefollowing:

I f he students so requests, the Dean of Students will invite a faculty member

ofthe student's own choice to partic ipate in the discussion of the Student

Life Committee.

.,

-'



Additionally, the Student Handbook states th e following:

l f the student so requests. the Vice President fo r Student Life will inYite a

faculty or staff member of the student"s own choice to participate in th e

discussion.

I would like to request that Jay Du Nesme, a long time personal friend of my family,

to fully participate in all of the discussions regarding me. As Dean of Students,

please notify :\1r. Du of my request and extend an imitation to him as soon

as possible.

Respectfully,

Louie Bishop

Attachments:

Letter from Ylrs. Sue Curtis dated Janua1·y 6, 2010 and th e attached undated

suspension appeals process document.

4



January 6. 20 I 0

Louie Bishop

38149 Silver Fox Ct.

Murrieta. CA 92562

!0#923495

Dear Louie:

LA SIERRA

UNIVERSITY

This letter is to contirm the conversation we had concerning posting Dr. Greer's lecture on the

internet. Dr. Greer repo11ed to me that you had published his lecture on the internet without his

permission. According to the Student Handbook this under non-compliance to a University

official. The Judicial Committee met today to consider the matter.

The committee voted to give you Citizenship Probation ti x this infraction. By definition

Citizenship Probation is defined as "disciplinary status indicating that a student is in serious

violation of policy." It will he necessary for you to lend your full support to the policies of the

University.

During our phone conversation today I also outlim:d to you your right of appeal iryou chose. I

am including a separate document that outlines your rights.

Please let me know if you have further questions, all the best lor the future.

Sincerely yours,

Sue Curtis. Ed.S.

Associate President tor Student Life

Dean of Students

Cc Yami Bazan

Student's File

l 'hJs mcssaqe: ( inclucl i .nq any at::.:u::1WC<l'::S) • :onta. ins conric! l"nt : · i i1l in tormal ic•n

in tended fo r a soe c i f i c i n d i v i d Ja l an d purpose, and i t s conlenL i s pro tec ted

lJ y Jaw. Tf you a r0 no t th e in tended rec ip ient , you should d e l e t e t h i s message

and herPby not : i t i ed t:hdt. .->ny copy.i..nq 01 d i s t r i b u t i o n of trans:1.i5s.i.0:1, taking ar:y act.i.•.)fi :Oasced , ;n .i.L, i s . s t r i c t l y pr0l1.i.r.>ited.



TO:

FROM:

DATE:

LA SIERRA UNIVERSITY

4500 Riverwalk Parkway

Riverside, Califomia 92505-824 7

(951) 785-2100

Students Under Suspension

Vice-President of Student Life/Dean of Students

RE: Rights, Responsibilities, and Appeals Process available

to students suspended from La Sierra University

This letter is to infom1 you of your rights and responsibilities and of the appeals process in use on this

campus for students suspended from the University.

The student who is suspended has a right to appeal.

The first process available to the student is to request reinstatement to the University in writing

within a week of the date of this letter to the Student Life Committee. When this request in presented

to the Student Life Committee, it is the responsibilities of the Dean of Students to present all

materials and documentation available on the student and the particular situation involved. If the

student so requests, the Dean of Students will invite a faculty member of the student's own choice to

participate in the discussion ofthe Student Life Committee.

The student who is not satisfied with the judgment of the Student Life Committee can next ask the

Provost of the University to review the entire situation in the light of the best interest of the student

and the goals and philosophy of the this University.

It is the prerogative of the Provost to request the Student Life Committee to reconsider the student's

request for reinstatement. In this reconsideration by the committee, the Provost would then

participate. If Student Life Committee is not just and fair, the student has the right to request further

intervention by the Provost of the University.

A student who has been suspended by the Dean of Students shall not return to the University campus

during the time the student's case is being adjudicated without the express pem1ission of the Dean ofStudents. It is the student's right to retum with pem1ission to talk to members of the faculty or

administration during the time the request for reconsideration is being processed.



Dean Sue Curtis

Associate Vice-President of Student Life

Dean of Students

January 14, 2010

Dear Mrs. Curtis,

Thank you for your letter. Please let me first of all clarify that the e-mail I sent you today

was not in response to the e-mail you sent earlier today. In fact, I sent my e-mail before I

noticed I had received your e-mail.

I would greatly appreciate an immediate reply to the e-mail I sent to you earlier today

because time is of the essence. If my case is to be reviewed on this coming Tuesday,

Friday is the last day for me to receive this necessary information before the hearing,

because of Monday's holiday. It is therefore critically important for me to receive all of

the documents and other information I requested by Friday. If this is not possible, Iwould request that the review of my case be postponed until I have had adequate time to

obtain this documentation and to prepare my defense.

Respectfully, after reading your letter, I am confused. Are you telling me I should have

sent my letter directly to the Vice President for Student life instead of sending it to you?

If so, I am very sorry for my mistake.

I wish to designate my letter, dated December 13, 2010, to be deemed a request for a

review of all of the disciplinary actions for which I am entitled to appeal under the

Student Handbook, as well as any other rights I may have.

I am also confused by your statement:

"{{you dispute the Citizenship Probation issued to you by the disciplinary

committee, page 40 of he Student Handbook provides you have the right to

request in writing the Vice Presidentfor Student Life to review the committee's

action."

In fact, the Student Handbook, Page 40, states the following:

The student who is under disciplinary review and who does not believe the

disciplinary action isfair, has the right to request in writ ingfor the Vice

President ofStudent Life to review the disciplinary action of he Student LifeCommittee.

As you know, I have never had any disciplinary action taken against me by the Student

Life Committee. The Citizenship Probation was issued to me by the Judicial Committee.



The section you quoted seems to be the next level of appeal. In other words, after my

case has been reviewed by the Student Life Committee (currently scheduled for January

19, 2010), if I disagree with the decision ofthc Student Life Committee, I could ask for

the Vice President of Student Life to review the Student Life Committee' s action. If this

is not correct, can you please help me understand?

I am also confused by your statement:

"In re!!>ponse to your recent letter and request for an appeal, you have not been

suspended.from La Sierra University. There is no basis for your appeal on that

grounds and it is not accepted. "

If I am not suspended, can you please explain to me why your letter was address to

Students Under Suspension and is full of language indicating I am, in fact, suspended?

For example, theRE: line reads, "Rights, Responsibilities. and Appeals Process available

to students suspended from La Sierra University." The first paragraph says, "This letter

is to inform you of your rights and responsibilities and of the appeals process in usc onthis campus for students suspended from the University."

Of particular concern is what goes into my student file. Your letter indicates a copy of

the January 6, 20 I 0 letter (including the document addressed to Students Under

Suspension) has already been placed in my student file. When graduate schools sec this

in my file, they will assume I was suspended. Thus, unless this mistake is corrected, I

will be forced to suffer the same consequences and penalties as if I had been suspended.

While I am relieved to know I am not suspended, and appreciate your stating this in

writing, this error must be resolved. I don't know how to accomplish this other than

through the review process.

Finally, please consider my letter dated January 13, 2010, as well as this document, as my

official requests to have all of the disciplinary actions that have been taken against me

this school year reviewed because I believe all of them have been unjust and unfair.

Among these unfair disciplinary actions is the "Citizenship Probation" issued to me by

the Judicial Committee on January 6, 2010 (sec attachment).

As I indicated in my letter, I am also appealing the "Letter of Censure" which was also

issued to me by the Judicial Committee on December 8, 2009 (sec attachment).

With all due respect, I also believe I have the right to appeal the unjust and unfairdisciplinary actions taken against me in September 2009. While I was finally admitted

to La Sierra University, my admission was delayed for days because the Provost had

placed a disciplinary hold on my student account. This is a disciplinary action which has

affected my name and reputation at La Sierra and is in my student file.

2



To clarify, the disciplinary action I am appealing is the action taken to place a

disciplinary hold on my account. I am not claiming I was never admitted to La Sierra

University.

Before I was finally admitted, I received a written statement from you identifying specific

charges against me (please sec the attached document). As you know, I had to write two

letters addressing these charges before I was finally allowed to register (please sec these

two attached letters). I now understand my case was sent to the Admissions Committee

as an appeal from the Discipline Committee.

According to the Student Handbook, I have the right to have any disciplinary action

reviewed which I believe is unjust and unfair. I believe this disciplinary action was

unjust and unfair.

Additionally, according to the Student Handbook, I have the right to impartial discipline

appropriate to the infraction of University policies. I believe this right, as well as my

other rights, including but not limited to my civil rights (also protected by the StudentHandbook), have also been violated.

As a result of these specific disciplinary actions, a negative record about me has been

created, my reputation has been damaged, my grades have been affected, and my entire

school year has been adversely affected. I am convinced if not for the unfair disciplinary

action of September 2009, it is unlikely the other charges would have been placed against

me as they are all related. It is essential for all of the historic charges against me to be

reviewed because I believe the previous judgments against me, if unresolved, will affect

the outcome of my Citizenship Probation appeal.

Finally, I would like to respectfully request a postponement of the review of the above

disciplinary actions until such time as I can obtain the records, documents and other

information I requested in my letter of January 13, and have had adequate time to review

them and prepare a defense. To be forced to proceed, without this critically necessary

information or adequate time to prepare, will prevent me from being able to defend

myself.

Respectfully,

Louie Bishop

3



https:/ mai l.googlc .com/mail/?ui=2&ik=c 6560fca46& v cw=pt

i Louie Bishop <[email protected]>

Written Notices of Appeal

Sue Curtis <[email protected]> Fri, Jan 15, 2010 at 8:45AM

To: Louie Bishop <[email protected]>

Louie: Thanks for your response. Your letter is very lengthy and has many points to be

addressed. I do agree that we should postpone any appeals process in order for me to gather the

information that you have requested, for me to adequately and thoughtfully answer your

questions, and for you to be able to prepare. As we only have half a day today and I have to

leave the office this morning for a medical appointment, I suggest that we take up the matter next

week.

I hope this is acceptable.

Dean Curtis

Sue Curtis, Ed.S.

Associate Vice President for Student Life

Dean of Students

La Sierra University

951/785-2167

[email protected]

This message ( inc luding any a t tachments ) conta ins con f i den t i a l informal . ion

inl.cnded for a spec i f ic ind iv idual and purpose , and i t s conten t i s prolectecl hy

Jaw. I f you a rc not: tho in tcndcd rcc ipic ;nt , you should delete ' an d

a rc hereby notif iC'd t ha t an y dl sc losurc , copying or dis l : r ibu t ion of l h i s

t ran s m s s i on , or t a k i n g an y a c U on b a s c d on i L i.e; L r i c t 1 y pro h i b l t c d .

From: Louie Bishop [mailto:[email protected]]



2

Sent: Friday, January 15, 2010 1 42 AM

To: Sue Curtis

Cc: Yamileth Bazan

Subject: Written Notices of Appeal

---------- Forwarded message----------

From: Louie Bishop <[email protected]>

Date: Fri, Jan 15, 2010 at 1:40AM

Subject: Written Notices of Appeal

To: Sue Curtis <[email protected]>

Cc: [email protected]

Mrs. Curtis,

ht tps:/ mail.googlc .com/mai l/?ui=2&ik=c6560fca46& v cw=p

Attached please find my response to your recent email, as well as my Written Notices of Appeal. Thank you

for your consideration. I look forward to hearing back from you as soon as possible.

Respectfully,

Louie Bishop



September 21, 2009

Dear Mrs. Curtis and Members of the Discipline Committee,

Since coming toLa

Sierra last January, it has been clearly set before my eyes andears that the University is teaching the theory of evolution as "The single unifying

explanation of the living world." Realizing this teaching as contrary to the truth

contained in the Bible, I have worked toward creating awareness.

Since La Sierra University identifies itself with the Seventh-Day Adventist Church, I

thought it very important that parents, family members, and alumni, as well as other

members of the church know what the students are being taught. This was done

through giving many parents and alumni curriculum information in the form of a

letter. I was thanked by a host of people, many of whom were shocked and had no

idea that evolution was being promoted at La Sierra. These people included both

Seventh-Day Adventists and alumni who are not church members.

I have also worked toward helping my fellow students see that the model of origins

as taught in the Bible is supported by objective scientific data and observation, and

that evolution is not the single unifying explanation of life on earth. This has been

done by passing ou t DVDs to students, as well as hosting a seminar on Creation

science in Hole Memorial Auditorium. La Sierra University's website states that it is

"Convinced that God is the author of all truth." Following this principle, I have made

an effort to ask questions in class, in hopes that students may at least question as to

whether or not what they are being taught is in harmony with God's truth. This is in

line with La Sierra's principle of maintaining "An atmosphere of freedom and

openness for intellectual exploration and expression." On that note, I applied to

form a student group called "Students in Support of Creation Science" during spring

quarter, and was turned down.

Now to the purpose of this letter. I currently have a hold placed by Provost

Trenchard on my ability to register at La Sierra, based upon some behavioral

problems he feels I have displayed. Today the Provost told me that he placed the

hold on my student account at the beginning of the summer. I find it interesting that

he took no such disciplinary action during the Winter or Spring quarters of 2009.

I would like to request that if the Mr. Trenchard has any reason for which to

disallow my request to be a student at La Sierra University, he would openly state it.

I believe it would be appropriate for him to identify any specific reasons in writing,and to present them to me, as well as to the Committee. I wonder why Mr.

Trenchard has delegated the decision for my suitability as a student to Mrs. Curtis,

who told me today that she is not familiar with the reasons for Mr. Trenchard's hold

on my account.

To you on the Discipline Committee I write personally. Go to the Provost, and ask

him to describe the behavior I have displayed for which he restricts my ability to be



a student at La Sierra University. In this way, you can judge for yourselves whether

or not his claims are of legitimate weight.

While attending UC Davis, I was given opportunity to stand for my faith as a

Seventh-Day Adventist.As

I competed on the university golf team, many of myfellow competitors wondered and were able to learn why I was sitting out when

competition was held on Sabbath. Also, several newspaper articles were written

about me, and my stand for the Sabbath always came up. One of these articles

covered the entire back page of the campus newspaper, so that thousands of

students were able to learn about my beliefs. I was awarded the Student Athlete of

the Year Award in 2007, and was given the opportunity to speak about God in front

of hundreds of people. A recently published article in the Tulsa World shared my

decision not to play on Sabbath with thousands across the Bible Belt region. I have

realized through these experiences that people in the world, who don't know the

significance of SDA beliefs, still show a great deal of respect for them. I came to La

Sierra, and was given another opportunity to speak up for my faith. Rather than

seeing traditional SDA beliefs respected, they are being silenced.

I have strived to help La Sierra University uphold its position that God is the author

of all truth. I ask you to think about your position. While we attempt to resolve this

matter, does it concern you that students at La Sierra are being told that though "all

humanity was created in the image of God," you in fact share common ancestry with

an ape?

May I ask each of you to individually pray about this matter, and consider the

implications it has for the Creation/Evolution controversy at La Sierra.

Sincerely,

Louie Bishop

cc: Ricardo Graham



September 25, 2009

To the Admissions Committee at La Sierra University:

I am writing in response to the five concerns that have been stated as the reason for

which I am being held from the opportunity of being a student as La SierraUniversity.

As for the first concern, it is true that I passed out information without permission

from Pastor Dave Peckham. I made a mistake in the fact that I disregarded and

nearly forgot about his request that I ask permission before handing ou t any

material on the Church premises. Pastor Peckham and I had a talk immediately

following the incident in the Church parking lot, in which he apologized for

physically attacking me, and I apologized for my mistake. Furthermore, I went to the

office of President Wisbey two days later on Monday to schedule an appointment

with him. I met with both he and Provost Trenchard on Tuesday, and apologized for

my choice to disregard the Pastor's request. Though the President told me that he

doubted my sincerity, my apology still stands, because I have realized and learned

from my mistake. I only ask the Committee to consider why this behavioral charge is

being held against me after I have sincerely apologized concerning the matter, and

was accepted back into La Sierra University during Spring quarter, which began

approximately one month after the incident? Why was I not held from being a

student at that time?

As for the second concern, I believe it is good to ask questions in class. As a student,

my job is to help stimulate thought and inquisition for the benefit of the class. It is

true that a question interrupts class, bu t for the right reason. If a professor states

that evolution is the single unifying explanation of life on earth, and that nothing else

makes much sense, yet we are also told it is just a theory, is it not my job to ask himto explain this contradiction? Yes, this is academics at its best. Not to stimulate

argument, but to consider and learn what is true.

As for the third concern, I will say that I did leave class early on very few occasions.

To assume that I did it because I disagreed with what was being taught is an

assumption that holds no validity. In fact, when I disagree, I like to ask questions in

order to obtain answers for myself from people who have studied science all their

life. For example, Dr. Lee Greer has been generous in giving me more than an hour of

his time on a number of occasions, in discussing our different views. Though we

disagree, I respect him, as well as the fact that he is studied and convicted in his

views. If I left class early, which I did not do many times, I made an effort to sit in the

far back to prevent my fellow classmates from being distracted, and I left as quietly

as possible. I did this because I respect the right of the teacher to have the full

attention of his students.

As for the fourth concern, a Creation/Evolution seminar was held on campus at Hole

Memorial Auditorium last February. Following Dr. Pitman's presentation, I went

forward and made an appeal asking for student support in promoting a balanced



presentation of Creation Science and Evolutionary Science in the science classrooms

at La Sierra. This was an invitation. I simply had pieces of paper with space for

students to fill in whatever personal information they would like, so that we could

stay in contact. While I was "petitioning" the audience for their support while up

front, the pieces of paper simply asked for personal information. I never harassedanyone to get them to sign anything. I asked people to sign it out of their own free

will. Because I am not being allowed to hear the specifics of these concerns, I can

only say this concern is utterly false and groundless, with all due respect. My efforts

have been to promote freedom of thought and inquiry, in handing out educational

DVDs to fellow classmates, as well as simply talking to them about their views in

order to learn.

As for the fifth concern, I have not been allowed to know which University official is

being spoken of, nor have I been allowed to know what I have said that was false,

misleading, or a misrepresentation. In a court of law, the deciding body is able to

hear the prosecuting party speak in specifics to the defense party, so that they can

make a decision. In this case, the defense has not been allowed to know what he isbeing accused of specifically, and therefore has no way to defend himself. If such a

process was followed in a court of law, the prosecuting party would have no

foundation for their claims. This is why I have requested that these concerns be

established "by the mouth of two or three witnesses," according to 2 Corinthians

13:1. I would appreciate the opportunity to hear the specifics of these concerns, so

that I may defend myself, and so that the Committee is able to make a wise and

informed decision.

I hope and pray that you are able to understand that many of these concerns about

my behavior are groundless, and I restate that I am willing to answer to those who

have brought forth these concerns.

Sincerely,

Louie Bishop

exhibit 7 appeal to student life committee

Documents