ACLU Wins Settlement Defending Community College Journalism Instructor's First Amendment Freedoms

FOR IMMEDIATE RELEASE

Aug. 15, 2006 

CONTACT:
Brett Shirk
Executive Director, ACLU of Kansas and Western Missouri
(816) 536-1337

Larry M. Schumaker, (816) 941-9994

Jennifer Schartz, (620) 792-1867

KANSAS CITY, Mo. (August 14, 2006) – Today the American Civil Liberties Union of Kansas and Western Missouri announced the settlement of a First Amendment case brought by a former journalism instructor at Barton County Community College (BCCC) in Great Bend, Kan. The lawsuit was brought on behalf of Jennifer Schartz, a former journalism instructor and student advisor at the college who was fired after her students published articles and editorials in the student newspaper about a growing scandal within the college's athletic department. That scandal ultimately resulted in the indictment and conviction of seven former coaches and the athletic director.

The final straw for Schartz appeared to come when she received a letter from BCCC's attorney which stated that no letters to the editor could be published attacking school officials. Schartz responded with her own letter, stating that she believed she was being directed to engage in censorship. Shortly thereafter, Ms. Schartz was fired from her position.

“This case was not about which athletes benefited from academic or financial aid fraud at BCCC,” said Brett Shirk, the executive director for the ACLU of Kansas and Western Missouri. “This case was about how an elected Board of Trustees appeared to value athletics over academics, and the Board's efforts to squelch First Amendment freedoms when it terminated Ms. Schartz. It was about an effort to keep the public from knowing about the problems within the athletic department.”

Schartz says she feels vindicated by the settlement, but was always aware that challenging an established institution would be an uphill battle. “The whole time, I felt like David going up against Goliath,” Schartz said. “I really wish it had not come to this, but I just hope that through this difficult process some important lessons have been learned by BCCC.”

The lawsuit was filed in April 2005, and was settled August 6, 2006. The college settled the suit for $130,000, of which Schartz will receive $90,000 and the balance will cover legal fees and expenses. “I have said from the beginning that this case was not about the money,” Schartz said. “Since the college has a new Board of Trustees and president who met my demands, I felt the time was right to settle and begin the healing process for everyone involved.” Most of the trustees who were involved in the termination of Schartz were replaced in a 2005 election.

Larry M. Schumaker, a Kansas City attorney who specializes in employment law, handled the case for the ACLU. Schumaker said he is pleased with the outcome of the case, and believes it will be far more difficult for institutions in Kansas to censor student journalists in the future. “Since Ms. Schartz's firing, BCCC has adopted a governing document under which the liberty of the press is safeguarded,” Schumaker said. “There is no question that BCCC's journalism students and their advisors are better protected now than when Jennifer was there.”

“This case should also send a message to other public colleges that they should not even try to engage in censorship of the student press,” Schumaker continued. “It also appears that, on a broader scale, BCCC has re-focused on the importance of its educational mission. Leading up to and including Jennifer's termination, it appeared that the Board of Trustees valued athletics over academics and expediency over academic integrity. I think they now have their priorities straight.”

Before   she was fired,  Schartz was a well respected instructor who had received several awards for journalist excellence. “I take great pride in my work and the work of my students,” Schartz said. “After I was fired, I felt I had no other option than to stand up for myself and set an example for my students that the First Amendment is something worth fighting for.”

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