Senator James Demaree of the Associated Student Government rebutted the charges levied against him by the organization during its meeting yesterday.

ASG voted to start the formal process of removing Demaree during its Sept. 11 meeting.

Legislative Vice President Rachel McKinley read the charges accusing Demaree of behavior that is “unbecoming of an elected student representative”; for not complying with the LVP’s request for information for placement in committees, office hours, and for not participating in ‘Welcome Week’, an ASG-sponsored event.

In the open forum section of the meeting, some outspoken students voiced their opinions of the situation.

Like Grisanti Valencia, a former ASG senator agreed that Demaree’s conduct is unacceptable. “I think that could really turn some people off, and even turn some people against student government,” she said referring to Demaree’s YouTube videos.

However, Scott Westman, a student at FCC, defended Demaree. “We are here to learn. He’s [Demaree] a student… What are we going to do? We’re just going to throw anybody out who disagrees?” He said. “I read the Constitution, there’s nowhere that it says an advisor can come in and just take him [Demaree] away.”

Charge one — “Behavior is unbecoming of an elected student representative.”

In an elaborated form, the charge states that Demaree acted in a way which was “defiant and disruptive,” and cited several instances in which he said things in YouTube videos that they felt were inappropriate.

The charge states that Demaree referred to the “student body of Fresno City College as ‘dumbasses.’” However, in the YouTube video that ASG was citing, Demaree was describing the vote to create designated smoking areas as “a really dumbass decision.”

The charges continuously use the term hate speech, claiming that Demaree’s speech in the videos “incites towards hatred”. Contrary to the ASG interpretation, hate speech is, in fact, a protected form of speech under the First Amendment of the U.S. Constitution.

In fact, the U.S. Supreme Court has issued six major landmark rulings affirming on hate speech law since 1949.

In the 2011 case Snyder v Phelps, the decision of the court stated, “We cannot react to [Snyder’s] pain by punishing the speaker.  As a nation we have chosen a different course–to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”

The ASG also referenced a section of the YouTube video where Demaree stated an intent to amend the ASG Constitution and Bylaws “to reduce the policymaking role of the ASG President in the consideration of senators for approval by the Senate.” He wanted to give the Senate a two-thirds vote in determining prospective senators without the consent of the ASG president as outlined in the ASG Bylaws. The charge went on to say that, “This behavior is unbecoming of an elected ASG senator as it is defiant and disruptive to the Associated Student Government.”

In defending himself against this charge, Demaree said, “When America amended the Constitution and gave women the right to vote, was that unbecoming?” He added, “There is nothing unbecoming about trying to effect change according to procedure.”

ASG cited Board Policy 5500 Regulation 11, which states, “Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel, including obstruction or disruption of teaching, research, administration, disciplinary regulations, or other college activities, including, but not limited to community service functions or other authorized activities on or off campus.”

Adam Goldstein, Attorney Advocate with the Student Press Law Center said a disturbance “would be a physical event that would prevent the normal operation of the school. The fact that they’re able to hold meetings tells me that isn’t true.” He continued, “Disruptions are not metaphysical.”

Also, the policy is specifically used in reference to authorized school activities. Demaree was at home when he posted his videos on YouTube.

The California Education code 66301(a) states, “Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.”

While the phrase “Unbecoming of an elected student representative” may be provocative terminology, it is not listed among the justified reasons for removal of an elected official, according to the ASG bylaws.

So what qualifies as conduct unbecoming of an elected member of ASG?

Demaree was told he offended members of the Asian community when he posted a meme, which played on an Asian stereotype, on his Facebook wall.

Some question ASG’s fairness, especially because other members of the organization had posts which could be deemed offensive to certain groups of people.

They point to Mike Wilson, the ASG student trustee, who also had a meme on his Facebook wall that some say is offensive to the Latino community and to the Facebook page of ASG Executive Vice President Caitlin Mack who has a photo of herself pulling up her shirt and flashing her bra. In the foreground of Mack’s the image is an open, half-empty bottle of hard liquor. Mack is only 19 years old. Both LVP Rachel McKinley and President Nathan Alonzo “liked” the photo.

Some ask: Are Wilson’s and Mack’s conducts becoming of elected ASG officials? Their conduct happened off campus, but so did Demaree’s YouTube videos.

“Would it not be far more prudent to at least make an attempt to reach out to me with your concerns,” Demaree said. “Had anyone done so, and I continued, would be one thing, yet we have immediately jumped to the removal process without ever trying to be as respectful as I was.”

Charge two — “You did not comply with the Legislative Vice-President’s request for information for placement in committees, or office hours.”

In one of his YouTube videos, which was posted before the removal process started, Demaree claimed that LVP McKinley deliberately scheduled his office hours to conflict with his class schedule.

LVP McKinley sent an email to Demaree on July 29, in which she acknowledged her receipt of his class schedule so she could set his office hours. “Got it. Thanks!” McKinley had written in the email.

“She has scheduled my office hours to conflict with my school set schedule, so I would have to choose between my classes or my office hours,” Demaree said. “The only motivation I see for doing such would be so that I would be unable to make my office hours and then be forced to be removed from office.”

Demaree does have a conflict, but there is no evidence to suggest McKinley did this maliciously.

All senators are expected to serve three hours per week in the ASG offices. Demaree is scheduled for four, however, and one of them conflicts with his class schedule.

According to ASG lab attendance records beginning on Aug. 23, which were provided by LVP McKinley, excluding Demaree’s suspension period, other senators — Alvarez, Chavez, Olague, Reyna, and Squire missed more lab hours than he did.

Charge three — “You did not attend the ASG sponsored event ‘Welcome Week,’ and were not excused from participating in it.”

The Rampage has reached out to LVP McKinley to obtain a copy of the attendance log for Welcome Week but has received no response.

Demaree showed this reporter an email dated July 20 from Janice Wong of Student Services which stated, “The time has come to contact our prospective Welcome Team Fall 2012 volunteers!” She went on to say, “Please let me know if you would like to participate or know of an individual that may be interested in helping out.”

The email used language that made it appear that Welcome Week was voluntary, not mandatory, and prior to the event, Demaree emailed Wong to explain that he was unable to attend.

“At the time, I was in 23 [units]… It was killing me,” Demaree said. “I never knew that it was mandatory. Even during the ASG meetings when it was brought up, it wasn’t something people said you had to do. Everything was ‘I encourage you to go if you have time.’”

The ASG Constitution requires a three-fourths vote to remove an ASG official. If Demaree is removed, he has the option of appealing to a “Constitutional Appeals Committee,” which would be appointed by President Alonzo and ASG Adviser, Sean Henderson. Discussions on Demaree’s removal begin on Sept. 25.

The embattled senator implored ASG to look beyond their feelings, and understand that his actions did not violate ASG rules. “If any of us are to move forward and be successful,” he said, “we must learn to be tolerant, especially, when doing so is not easy.”