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Civil rights controversy closes

UNC blameless in Crystall incident

The Office for Civil Rights in the U.S. Department of Education has closed one chapter of the University's controversial discrimination debate saga.

According to an OCR report released Wednesday, the University responded properly to an English lecturer's sending a discriminatory e-mail that chastised a student for making anti-homosexual comments during class.

"We want to recognize the University for realizing that the lecturer's e-mail message was an inappropriate response to the student's comments," the report states.

The decision marks an end to several months of deliberation and discussions of academic freedom that began when UNC English lecturer Elyse Crystall sent the e-mail to her class Feb. 6.

"We are pleased that the Office for Civil Rights' review found that the University acted appropriately in this case," Chancellor James Moeser stated in a release Wednesday.

During the analysis process, OCR officials first investigated whether Crystall's actions constituted an actual incident of racial or sexual discrimination.

According to a letter sent to Moeser on Wednesday, the civil rights office determined that the language in the e-mail "went beyond a permissible reference ... (of) describing the student and targeted him for criticism based in part on the student's race and sex."

Though OCR officials found evidence of intentional discrimination and harassment in Crystall's actions, the group determined that no further action is required by the University to uphold constitutional protections.

Among the steps for which the OCR credited the University was a meeting arranged between the student, the department chair and the lecturer. Department officials provided additional guidance in an attempt to ensure appropriate classroom discussion.

U.S. Rep. Walter Jones, R-N.C., vaulted the incident to federal attention in February when he contacted N.C. Attorney General Roy Cooper and the U.S. Department of Education, encouraging them to investigate Crystall's actions and the University's response.

Jones then sent Moeser a Feb. 19 letter that informed the chancellor of a potential investigation into sexual harassment and free speech violations at the University.

Kristen Quigley, press secretary for Jones, said Wednesday that Jones is not planning on pursuing any further actions at this time.

"Obviously, we're disturbed about the situation that brought the review about," she said.

Although OCR officials determined that the University was in compliance with the law, their review stressed the negative implications of intentional discrimination and harassment.

The report stated that controversies such as this "discouraged the robust exchange of ideas that is intrinsic to higher education."

Judith Wegner, chairwoman of the faculty, said she is pleased with the outcome of the review.

"I think it was a clear finding by the Office for Civil Rights that the University had dealt with what I regarded as a mistake in the heat of a moment," she said. "People make mistakes."

Contact the University Editor at udesk@unc.edu.

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