FAQ re: Campus climate and recent incidents, December 17, 2014

We have communicated proactively, with faculty and the entire community, in writing and face to face, while respecting students’ rights and the university’s legal obligations. In the language and timing of all communications, we have strived to share as much as possible without violating students’ confidences or putting any individuals at risk.

The following faculty-related communications were disseminated between Dec. 4-8 (linked below):

• On Dec. 4 an e-mail was sent to faculty from Provost and Dean of the Faculty Doug Hicks alerting them to recent incidents and suggesting they discuss them in class the following day.
• On Dec. 5 an e-mail was sent to faculty and the entire campus community from President Jeffrey Herbst, Provost Hicks, Vice President and Dean of the College Suzy Nelson.
• On Dec. 8 an e-mail was sent to faculty from Provost Hicks sharing an email that was sent to students authored by Student Government Association (SGA) president Sarah Rende ’15.
• On Dec. 8 an e-mail was sent to faculty and and the entire campus community from President Herbst, Provost Hicks, and Dean Nelson.

Additionally, on Dec. 10 an e-mail was sent to all alumni from Tim Mansfield, associate vice president for institutional advancement and alumni relations, and face-to-face meetings took place with Dean of the College (DOC) managers, the ALANA Affairs Committee, the Advisory and Planning Committee (APC), and the SGA.

We acted immediately upon learning of the intimidating and/or offensive posts that began to appear on the mobile platform Yik Yak on the afternoon of Thursday, Dec. 4. The posts had been triggered by a mid-day protest at the O’Connor Campus Center (Coop), which included a “die-in” and upside-down display of an American flag that had been written on with protest-related slogans and the names of Eric Garner and Michael Brown, and were brought to Dean Nelson’s attention at about 4:30 p.m.

At about 5 p.m., Dean Nelson met with two students to gain an understanding of the situation. Nelson immediately reported what she learned to the Office of Campus Safety, and Colgate’s Information Technology Services (ITS) department. The same evening a campus safety officer interviewed a student protester, who was the subject of a number of the posts. That evening, Dean Nelson saw the same student at an event at Memorial Chapel, and asked her if she felt safe or required assistance.

Once assured of the student’s wellbeing, Dean Nelson then contacted President Herbst, Provost Hicks, and other key members of Colgate staff and administration, to bring them up to date on recent events and begin planning the administration’s response. That response included Provost Hicks’ e-mail to faculty, sent the same night, informing them of the incidents and suggesting they acknowledge them in their interactions the following day with students. There were additional communications planned and subsequently sent; these are outlined above.

Three separate investigations were put into motion:

• Yik Yak – On the night of Thursday, Dec. 4, Colgate’s network security personnel began working to identify the authors of the posts. At various times on Thursday and Friday, staff scanned activity on the Yik Yak platform to capture any threatening and/or hateful posts. Screen grabs were made and saved for future reference by investigators. On Dec. 6, ITS concluded that Yik Yak’s assistance would be needed, and contacted Yik Yak. After receiving  no response, Colgate’s legal counsel issued a letter on Dec. 11. On Dec. 12, Yik Yak’s attorneys declined our counsel’s request for disclosure of user information.
• Google – On Saturday, Dec. 6, one student received an offensive email from an anonymous, non-Colgate Gmail account. That e-mail was reported to Peter Setlak, Network Security Analyst in ITS, both by Dean Nelson and by the recipient, who began investigating the source. ITS continued its research throughout the weekend. On Dec. 10, Setlak contacted Google for assistance with identifying the sender. That request was declined.
• Law enforcement – After campus safety conducted initial interviews on Dec. 4 and 5, local police were contacted and asked to review the screen grabs of the inflammatory posts. On Dec. 8, Colgate requested that the investigation be broadened to include state law enforcement. State officials came to campus to continue gathering facts from administrators, staff, and students. Their investigation, which is still ongoing as of this writing, will determine what legal action may be taken. *

On Friday, Dec. 5 and Monday, Dec. 8, Hicks and Nelson met with student demonstrators for many hours following a second protest at the Coop. Over the weekend of Dec. 6-7, Dean Nelson and others counseled students who expressed concerns over their personal safety and/or their ability to complete their academic work on time. In accordance with our common protocol for assisting students who request accommodations for any reason (personal, medical or otherwise), advisers offered possible scenarios that could be helpful, including the option to leave campus, either temporarily or for the remainder of the semester.

* January 13, 2015 update: The New York State Police and District Attorney have concluded  they do not have a basis to enable a grand jury to issue a subpoena to learn the identities of the authors of the posts.

Unfortunately, a specific number of students has been reported in social and other media without any basis in fact. While some students chose to leave campus, students were not asked to leave campus at any time.

Every semester, some students experience stress for personal and/or health reasons. This semester, we have also seen distress due to campus climate and national race-related events. Some students reported feeling unable to concentrate on their final papers and projects, and were therefore granted permission to leave campus for a brief period of time to complete their projects. Some have since returned to write their final exams; others have made individual arrangements with their faculty and administrative deans.

We will continue to keep private the nature and number of these conversations because in such a close-knit community, to provide details would risk violating students’ privacy. Students receiving accommodations would be easily identifiable, and protected information about a student’s personal and private decision related to his or her academic program could be exposed against his or her will.

On Dec. 6, campus safety responded to a call from a student who reported a person in distress. The responding officers assessed the situation and recognized that additional support was needed. Based on our memorandum of agreement with Hamilton Police Department (HPD), they were called, which triggered a response from Southern Madison County Volunteer Ambulance Corps (SOMAC). Transport took place to assure the individual received the appropriate assistance. No drugs or alcohol were involved in the incident.

On the same evening, about 35-40 Colgate students and their guests were attending a “formal” social event at Bunche House, which was unrelated to the incident.

Training sessions have been held in recent years, and now, in response to the 21-point Colgate For All action plan, campus safety officers are among other staff and student leaders that will engage in diversity training.

Prior to recent events, the campus safety officer trainings had been scheduled for January 2015, and these will take place. The Office of Campus Safety also was due to undergo a periodic external review to evaluate current protocols and adopt best practices; we have moved that up to spring 2015 in light of national and campus events.

False statements attributed to senior administrators about Colgate’s ability to protect student safety were posted on Facebook. When these statements were discovered to be false, they they were removed and retracted by the authors. Unfortunately, those false statements already had been widely shared through social media.

At Colgate we educate our students about Internet security, privacy, and ethical online behavior. We vigorously investigate potential violations of university policy that are brought to our attention.

In the past Colgate has successfully identified and sanctioned students who violate laws or university policy on social media sites, or whose misconduct is reflected in social media posts. In a 2008 situation, referenced in the petition, a student was identified and sanctioned after posting a message on the now-defunct site juicycampus.com that contained the words “shooting as many people as I can.” Because of the level of that threat, the site cooperated immediately by identifying the student without requiring a subpoena. In addition, because the threat remained on the site as part of a conversation thread, we were able not only to produce evidence but also trace the poster through his IP address at Colgate.

In the current situation, Colgate does not have access to identifying information about the posters of the communications in question, or the devices from which they posted. It is the prerogative of state law enforcement officials to determine if they can issue a subpoena, search warrant, or court order that compel Yik Yak and Google to disclose user information.

It is not feasible for Colgate to continuously monitor students’ activity on social media, especially on anonymous sites or apps, such as Yik Yak. ITS has posted about their technical capabilities here. This public video explains how Google responds to U.S. search warrants, while working to protect their users’ privacy and security. According to Yik Yak’s legal policy, posted here, although racially or ethnically offensive language is prohibited, Yik Yak does not release user information to private parties such as Colgate.