It is proper for me to file for an injunction in this instance?

[Humusluvr]

So, what did the letter say that they sent you?

Have you gotten a response from the Chancellor?

 

[HerNameIsNicole]

So, what did the letter say that they sent you?

Have you gotten a response from the Chancellor?

The Chancellor's office has not responded, and the letter is a warning, basically threatening to expel me if I continue to pursue the matter and if I don't remove all of my videos from my blog.

 

[Humusluvr]

The Chancellor's office has not responded, and the letter is a warning, basically threatening to expel me if I continue to pursue the matter and if I don't remove all of my videos from my blog.

Oh, so if you continue to ask them to follow their own rules, they will expel you? Cute. What a bunch of pansies.

 

[HerNameIsNicole]

Oh, so if you continue to ask them to follow their own rules, they will expel you? Cute. What a bunch of pansies.

pansies or not, they actually have me scared at this point. I really think they're going to expel me if I continue this.

On the other hand...SCARED or not...i'm putting together my next blog update as we speak, and I have no intention of removing those videos.

Dr. Tom Harris claims that California Penal Code 632 supports that my videos were obtained illegally. He specifically states that my video of Dr. Schwerdtfeger was made illegally. He says that Dr. Schwerdtfeger had a reasonable expectation that the conversation was confidential and that he did not wish to be recorded. Only...we were standing in the middle of the main office with at least three other staff members overhearing the conversation, and a FRIEND of mine who was standing right next to me. The code does state that I can record anyone where there is a reasonable expectation that the conversation may be overheard or recorded. That's why Dr. Harris took the time to say that this was not the case, but that is an outright lie, supported by a witness...my friend. That is why I will not remove that video, and that is why I will not remove any of my other videos. All of my posted videos were recorded under the same cirumstances.

So that's MY stance. Is your interpretation of the law the same as mine, or do you think they have a leg to stand on there?


By the way, their letter makes me out to be "agitated and aggressive" and states that my actions on campus have put people in reasonable fear for their safety. They're trying to make me out to be another you know who from Arizona. They already sent me that letter a while back telling me that I should go see a therapist. You've seen the videos...you know I don't behave at all out of sorts or threatening, but this stuff could really screw up my educational career if it turns into official documentation in my school records, which seems right around the corner.

I'm really worried here, but I know that the RIGHT thing to do is to not stop.

 

[Humusluvr]

pansies or not, they actually have me scared at this point. I really think they're going to expel me if I continue this.

On the other hand...SCARED or not...i'm putting together my next blog update as we speak, and I have no intention of removing those videos.

Dr. Tom Harris claims that California Penal Code 632 supports that my videos were obtained illegally. He specifically states that my video of Dr. Schwerdtfeger was made illegally. He says that Dr. Schwerdtfeger had a reasonable expectation that the conversation was confidential and that he did not wish to be recorded. Only...we were standing in the middle of the main office with at least three other staff members overhearing the conversation, and a FRIEND of mine who was standing right next to me. The code does state that I can record anyone where there is a reasonable expectation that the conversation may be overheard or recorded. That's why Dr. Harris took the time to say that this was not the case, but that is an outright lie, supported by a witness...my friend. That is why I will not remove that video, and that is why I will not remove any of my other videos. All of my posted videos were recorded under the same cirumstances.

So that's MY stance. Is your interpretation of the law the same as mine, or do you think they have a leg to stand on there?


By the way, their letter makes me out to be "agitated and aggressive" and states that my actions on campus have put people in reasonable fear for their safety. They're trying to make me out to be another you know who from Arizona. They already sent me that letter a while back telling me that I should go see a therapist. You've seen the videos...you know I don't behave at all out of sorts or threatening, but this stuff could really screw up my educational career if it turns into official documentation in my school records, which seems right around the corner.

I'm really worried here, but I know that the RIGHT thing to do is to not stop.

You know that my interpretation of the law is the same as yours, but when it comes down to it, the school has a LOT of lawyers, and you don't. I think you're going to have to weigh here what's expell-able and what's not.

Maybe at this point you send a reply letter to Dr. Harris asking if you can meet with him, take your parents or your lawyer family member you told me about, or someone who looks official, and go in for a sit down. You know, if they are threatening to expel you, they have to sit you down in front of that judicial affairs board that you started with. Ask to.

Describe what you have been through, not emotionally, but factually. Tell them this all goes away if they fix that initial grade, or let you call your witnesses. If they give you the due process you are allowed, then this all seems to surmise in you getting what you were originally owed.

They have created this mess - you have just documented it. The documentation could go back underground if they fix their mess. I think you're within your rights to video everything.

In the end, it's your case. I tend to agree with you, but it's your feel of how things are going to pan out. It's your college career.

 

[HerNameIsNicole]

You know that my interpretation of the law is the same as yours, but when it comes down to it, the school has a LOT of lawyers, and you don't. I think you're going to have to weigh here what's expell-able and what's not.

Maybe at this point you send a reply letter to Dr. Harris asking if you can meet with him, take your parents or your lawyer family member you told me about, or someone who looks official, and go in for a sit down. You know, if they are threatening to expel you, they have to sit you down in front of that judicial affairs board that you started with. Ask to.

Describe what you have been through, not emotionally, but factually. Tell them this all goes away if they fix that initial grade, or let you call your witnesses. If they give you the due process you are allowed, then this all seems to surmise in you getting what you were originally owed.

They have created this mess - you have just documented it. The documentation could go back underground if they fix their mess. I think you're within your rights to video everything.

In the end, it's your case. I tend to agree with you, but it's your feel of how things are going to pan out. It's your college career.

I think you're absolutely right about all of that.

Then that's what I'll do. I'll send a letter and see if I can pull that family member away for a couple hours to attend a sit down with the president and me. I REALLY hate asking family for favors, but I guess this is one of those times where it's serious enough to warrant it.

 

[Humusluvr]

I think you're absolutely right about all of that.

Then that's what I'll do. I'll send a letter and see if I can pull that family member away for a couple hours to attend a sit down with the president and me. I REALLY hate asking family for favors, but I guess this is one of those times where it's serious enough to warrant it.

Make sure you send your letter return receipt requested, so you can prove they got it. They seem to try to ignore you, except when it's convenient for them....

 

[HerNameIsNicole]

Make sure you send your letter return receipt requested, so you can prove they got it. They seem to try to ignore you, except when it's convenient for them....

I decided to go a different route, after much thought.

I don't have a strong relationship with the nearby attorney relative. Lately I've been reaching out to him and we finally scheduled a lunch. He's been really sweet and considerate, especially considering how valuable his time is, and I'd feel wrong making my contact with him into a plea for help. He's going to assume it's the reason that I've been contacting him.

Meanwhile, the other attorney who has been in contact with me through e-mail is in long beach (over an hour away), so I wouldn't ask him to trek here for a short meeting either.

At most, I was going to have that attorney write a letter to the school, telling them to stop bullying me and that my videos were obtained legally. But guess what? In our most recent e-mail exchange, he actually said that I would probably be found in violation of penal code for posting those videos. I've removed them for now, until I can verify exactly which ones are OK to have up. Very disappointing. I'm pasting the correspondence with the attorney below:

ATTORNEY:

PC 632 (as I recall) deals with recording electronically conversations where there is a reasonable expectation of privacy. This would also apply to electronic eavesdropping where the people who are talking would reasonable expect not to be overheard. The critical element in this statute is one of confidentiality. On the other hand, if one is informed that they will be recorded and they do not object, then PC 632 is not applicable. If the camera or tape recorder is prominently placed and visible, the 632 is likely not applicable. If a conversation or verbal exchange takes place in a public place where there would be no expectation of privacy, then it is okay to record. This section of the penal code does not apply to situations where you take notes and publish them or where you are recalling a conversation. Can you describe the settings in which these exchanges took place?

ME:

Then I think I'm good to go. The conversation took place in the main area of the administration office. Anyone could have walked in at any time and overheard the conversation. In fact, at least 3 staff members were in my line of sight and within earshot during the conversation, and my friend was standing next to me and even made eye contact with Dr. Schwerdtfeger. I can find no reason why the Dr. would assume that our conversation was confidential, although I can certainly understand why he now wishes it was.

As far as all the other videos, those conversations took place in similar circumstances. Public areas of offices or even outdoors, and with my friend present for the conversations.

Thanks for all your advice!

ATTORNEY:

I think a court would find against you on the penal code violation. Even though the office setting in which you met the administrator was somewhat "porous," with many people passing by, it still was more of a private than public place. You should remove the offending recordings from you blog. Please note that when you make an electronic record, the offended party cannot make a claim of defamation since the true has been recorded. The only recourse is to claim an attack on their privacy. Since you had a witness with you when these conversations were recorded, to corroborate your version of events, you really didn't need an electronic record.