Back to Censorship Battle in 2001

Emails Between UCSD Administration and Ernesto Martinez

Below is a sequence of emails sent between Ernesto Martinez and the UCSD administration. We obtained these emails from The UCSD Guardian, when someone hit reply-all with history on their email client. The emails have been formatted with the quotation devices removed, but otherwise are unedited.

Original Message from Ernesto Martinez (sent on 11/20/01):

Hello everyone,
My name is Ernesto Martinez, and I am the Student Affirmative Action Committee Chair for this year. As you are all aware, at the beginning of the school year a UCSD Student funded newspaper called the Koala printed offensive material that directly offended the African-Americans, Asians, Jewish, Queer, and other people on this campus. SAAC made a strong opposition against the Koala and gots lots of publicity from the Guardian, the San Diego Union-Tribune, as well as Channel 8 news. As a result, many college councils drafted and passed resolutions. However, I was very disappointed with the lack of support I got from UCSD administration. I personally spoke with Nick Aguilar, Dr. Watson, the Diversity Council, as well as my college Res. Deans, and SOHR only to get no response from any of them. This university claims to uphold diversity, yet there was no response on this attack on diversity. I am emailing you all to let you know that I now truly am in a hostile environment. Yesterday, Nov. 19th at the weekly Movimiento Estudiantil Chicana/o de Aztlan (MEChA) meeting at the Cross Cultural Center at approximately 5:30 pm, several members of the Koala attended our meeting for the sole purpose of taking pictures of me. The only open Chicana/o space on this campus was interrupted by this group only to try and somehow retaliate against the statements I made. It was a rather disturbing event, and honestly, I am feeling harassed. There has been several times where I fear for my safety as I walk around UCSD. As a person of color on campus, it is difficult to learn, and for this added pressure on me, and makes matters worse. This is not at all my imagination or something I am making up. Today, some MEChistas went to demonstrate at a rally. At this rally, once again the Koala members were present. These Koala people were consistently asking MEChA members "Where is Ernesto" and Do you know if he's coming to the rally." This is not an environment I am feeling comfortable in. It has crossed my mind several times to physically fight back so this can stop. What I ask from the administration is why are you allowing something like this to happen to one of your few students of color who is vocal on the negative campus climate that we as people of color are face with everyday? The Koala has not only violated the UCSD Principles of Community, but has also violated many Associated Student guidelines (like not attending mandatory AS funding workshops), and abuse of office space, yet they will continue to operate on this campus. At a recent University Center Advisory Board meeting, it was brought up that alcohol was being used in the Koala offices, yet they continue to hold priveleges in there office. Had this been any other student organization, all office space privileges would have been suspended. I would like some kind of response from the administration, in particular Chancellor Dynes, who is our "Chief Diversity Officer." I am tired of being a target of ignorance, and I am tired of trying to educate this campus that is not diverse. This email is also being sent to MEChA members, SAAC members, MEChA staff and faculty supporters, as well as the diversity council, and the Guardian. If no positive support is received from UCSD administration (such as putting a stop to the Koala), then we as students of color will have to retaliate. If we are forced to retaliate, campus environment will be hostile the rest of the year.

Thank you,
Ernesto Martinez
SAAC Chair, '01-'02
(858) 558-8028

Response from Nicholas Aguilar, Director of Student Policies and Judicial Affairs (sent on 11/21/01):

Hello Ernesto,

I am preparing a comprehensive response to your message on behalf of Chancellor Dynes, Vice Chancellor Watson, and myself, but I'm sending this quick response to let you know that I called you at the number listed in your message and left a message letting you know that I had received you message and offering help to you immediately if you feel you are in immediate or eminent danger for your health or safety. SOHR Director Urtecho also indicated that she spoke with you today and offered to help you in bringing this matter to the attention of the UCSD Police Department. Please feel free to contact me anytime this weekend or upon your return to UCSD on Monday. You can reach me wia email at naguilar@ucsd.edu or by phone at (619) 475-8899 or (619) 806-6159. Best wishes for a pleasant Thanksgiving Holiday. -- Nick

Follow-up by Nicholas Aguilar, Director of Student Policies and Judicial Affairs (sent on 11/25/01):

Hello Ernesto,

I am following up on my quick response of last Wednesday to your message dated 11/20/02. I am responding to your message on behalf of Chancellor Dynes, Vice Chancellor Watson, and myself. In that regard I am concerned to learn that you are personally subjected to treatment by other students that make you feel as a target of conduct that you find threatening and/or hostile. As I stated in the message I sent you last Wednesday, I again encourage you to contact my office for assistance in the filing of complaint per the UCSD Student Conduct Code. I'm also sorry that you feel that you have not received the support and assistance for the UCSD Administration in general, and my office and the Student Office for Human Relations (SOHR) in particular, in connection with the complaints arising from offensive article published in the Fall Quarter issue of the Koala. In that regard you make several statements in your message, below, and I will respond to each in turn as follows: "I was very disappointed with the lack of support I got from UCSD administration. I personally spoke with Nick Aguilar, Dr. Watson, the Diversity Council, as well as my college Res. Deans, and SOHR only to get no response from any of them." Although we could not support request to initiate disciplinary action against the Koala because they published an offensive article protected under the First Amendment of the United States Constitution, it's not accurate or fair to say that UCSD administration did not support you in your response to that article. You will recall that Vice Chancellor Watson and I met with you to discuss the article and non-disciplinary options in pursuit of your complaint, including soliciting resolutions from other student groups opposing or condemning the publication in question. I also encouraged you to contact Student Legal Services for assistance in assessing legal recourse that may be available to you and other who were targets of the Koala publication. In addition I assured that my office would process any complaints of alleged misconduct not based on the content of the publication. "This university claims to uphold diversity, yet there was no response on this attack on diversity." Diversity is very important to Chancellor Dynes, Vice Chancellor Watson and the UCSD Administration as manifested by the campus support for programs such as SOHR and for student organizations such as the SAAC and its member organizations. Moreover, the UCSD Administration has responded to the offensive article published by the Koala by supporting SAAC in its very public initiative to petition the ASUCSD and college student governments to condemn the Koala for it's offensive publication. For example, the SOHR Director and other campus administrators have reached out to the Koala editors and its principal members to discuss the implications of their publication to campus climate. "I am emailing you all to let you know that I now truly am in a hostile environment. Yesterday, Nov. 19th at the weekly Movimiento Estudiantil Chicana/o de Aztlan (MEChA) meeting at the Cross Cultural Center at approximately 5:30 pm, several members of the Koala attended our meeting for the sole purpose of taking pictures of me. ... There has been several times where I fear for my safety as I walk around UCSD. As a person of color on campus, it is difficult to learn, and for this added pressure on me, and makes matters worse. This is not at all my imagination or something I am making up. ... What I ask from the administration is why are you allowing something like this to happen to one of your few students of color who is vocal on the negative campus climate that we as people of color are face with everyday?" I am concerned to learn that you are being personally subjected to treatment by other students that make you feel as a target of conduct that you find threatening and/or hostile. However, the circumstances you describe were brought to the attention of the Chancellor, Vice Chancellor Watson, and me for the first time in your 11/20/01 message, below. In fact, I received your message on Wednesday, 11/21/01 and called you at the number listed in your message that day to discuss options available to you. I also followed up with an email message on that same day to encourage you to contact me to immediately discuss your safety concerns and to ensure that you were not in danger for your health or safety. I again encourage you to contact my office to discuss options that may be pursued in response to the conduct you describe. I have copied Assistant Student Conduct Coordinator Tommy Agee to this message to alert him to your concerns in anticipation of your follow up contact. I also encourage you to contact SOHR Director Urtecho to discuss the implications of the conduct you describe in our campus climate and non-disciplinary options that may be initiated in response to the Koala article. "The Koala has not only violated the UCSD Principles of Community, but has also violated many Associated Student guidelines (like not attending mandatory AS funding workshops), and abuse of office space, yet they will continue to operate on this campus. At a recent University Center Advisory Board meeting, it was brought up that alcohol was being used in the Koala offices, yet they continue to hold priveleges in there office. Had this been any other student organization, all office space privileges would have been suspended." The matters you describe above were included in a charge of alleged misconduct issued by my office against the Koala as a UCSD registered student organization and it was referred to the Acting Vice Chancellor Student Programs and Facilities Lynne Peterson for disposition per the UCSD Student Conduct Code. In closing, I commend and applaud your leadership in the SAAC initiative that resulted in the expression the UCSD campus community of a clear and strong message to the Koala that diversity is valued at UCSD and speech that promotes hate, bigotry, and intolerance, is unacceptable to the UCSD community. I also assure you that Chancellor Dynes, Vice Chancellor Watson and the UCSD Administration will continue to support SAAC's efforts to promote diversity and the UCSD Principles of Community. In the meantime, please contact me at your earliest convenience so that we may discuss additional actions we can take in this matter. -- Nick

Response by Ernesto Martinez (sent on 11/27/01, attachment not included):

Hello everyone, This is a timeline I have drafted that I feel is more accurate that what Nick Aguilar has emailed me, --Ernesto

Response by Nicholas Aguilar, Director of Student Policies and Judicial Affairs (sent on 11/28/01):

Hello Ernesto,

I appreciate the time line of events you provided. Although our versions of the facts differ in some respects, on the whole it looks like our individual versions of the facts are consistent. I also want to take this opportunity to summarize the points of we discussed at our meetin gof yesterday morning regarding the pending status of the "hostile environment" issues you raise in connection with the September 24, 2001 Koala student media publication and the SAAC funding request for 2001-2002. With regard to the harassment you feel is being directed at you by members of the Koala, you indicated that you had reported the incident to the UCSD Police Department and that you would submit a complaint to my office for processing per the UCSD Student Conduct Code. As I stated during our meeting, you should submit the complaint Tommy Agee, in my office, referring him to the information in your 11/20/02 email message to me, Chancellor Dynes and Vice Chancellor Watson. I also indicated that you should provide sufficient information to enable Tommy to identify the individuals involved in the alleged misconduct. I also informed you that SOHR Director Elizabeth Urtecho was developing a plan to counter/mitigate the negative consequences of the Koala publication on UCSD campus environment. You indicate that you and SAAC, would provide SOHR input on programs or activities that would help in that effort. On a related point, Elizabeth, informs me that she has been attending the SAAC meetings since her appointment to the position as SOHR director a few weeks ago and that she offered her assistance and support to SAAC. She also confirmed that she had entered into a written agreement with SAAC for the provision of administrative support to be provided to SAAC for this year. This agreement was signed by SAAC Co-chair Denise Pacheco on November 9, 2001. This is the second year for this agreement, consistent with Vice Chancellor Watson's commitment articulated a couple years ago to provide adminstrative support for SAAC. I understand that the adminstrative support provided by SOHR is not adequate to fund the items on SAAC's proposed budget, but SOHR's budget is also limited. However, per our discussion at yesterday's meeting, I will meet with SAAC at its first meeting of Winter Quarter to discuss the unfunded items and assist in the search of supplemental funding. Finally, I again want to commend you and SAAC for the very successful campaign to raise awareness of the harmful consequences experienced by the students who were targeted by the Koala article. Best of luck on your finals and I look forward to working with you, SAAC and SOHR in our continuing effort to provide a hate free campus environment at UCSD. -- Nick

Final response by Ernesto Martinez (sent on 11/28/01):

Okay, so now my last email, I hope. Please click on the following link: http://www.thekoala.org/back/FA012/FA01i2.pdf This is the new published Koala for this week... And I'm suppose to be functioning as a normal UCSD student? Forget my image, now look at all the overt racism they have on there paper...and UCSD will let this happen? Thanks for the support, I've never been so proud of being from the University of California, San Diego.
Ernesto Martinez
Proud SAAC Chair, 2001-2002