By Brittany Clement and Amanda Sheaffer
A School of Dentistry student who was suspended from the school Friday for comments he made on his personal Weblog about unnamed professors and students filed an appeal with the school Monday, according to the student's lawyer.
Scott Taylor, the student's lawyer, said the university has until Friday to consider his client's appeal and submit a written response. Taylor would not confirm his client's name.
The university was not releasing the student's name as of Monday, but Kevin Siebenlist, an associate professor of biomedical sciences who testified Thursday at a Student-Faculty Review Committee hearing about the student's conduct confirmed the student's name is Theodore Schrubbe.
Marquette's student directory on CheckMarq lists Schrubbe as a second-year dental student.
Taylor said his client was suspended but is still attending classes.
Tribune reporters called the home telephone number listed for Schrubbe in the student directory multiple times Monday afternoon and evening. The reporters asked people who answered the phone to pass messages to Schrubbe for his comment. The people answering the phone would not identify themselves, and requests for comment from Schrubbe were not returned as of 10 p.m. Monday.
The Tribune obtained a packet of documents, including correspondence from the university to the student and 48 pages of postings from the student's blog, which has been taken off the Internet, from associate professor of political science John McAdams. McAdams posted an entry on his blog, www.mu-warrior.blogspot.com, on Sunday about the student's suspension.
McAdams gave copies of the documents, which contain the student's name, to the Tribune under the condition the Tribune would not use the documents to confirm the student's name.
McAdams said he was asked by the defense to testify at the hearing on the normal expectations for student blogs.
In a Dec. 2 letter to Schrubbe, Denis Lynch, associate dean for academic affairs in the School of Dentistry, informed Schrubbe that the Student-Faculty Review Committee found him guilty of professional misconduct in violation of Section IV, Subsection E of the school's Code of Ethics and Professional Conduct and the Marquette University Standards of Conduct.
Section IV, Subsection E of the school's Code of Ethics and Professional Conduct states that actions "which in any way discriminate against or favor any group or are harassing in nature, are condemned."
Lynch's Dec. 2 letter stated that Schrubbe was suspended from the School of Dentistry until the 2006 fall semester, at which time he "will be allowed to resume your matriculation and will be required to repeat the second year of the predoctoral program in its entirety."
The letter also said Schrubbe would be required to make a public apology to his class before the end of the current semester.
In addition, the letter said he was required to repay scholarship payments he had received while attending the School of Dentistry.
Brigid O'Brien Miller, director of university communication, said she could not comment on the case while an appeal was pending "because of federal educational privacy laws."
According to a Nov. 2 letter he wrote to Schrubbe, Lynch was informed of the blog by other dentistry students. The letter said Schrubbe had the option to admit guilt and be placed on probation for the rest of his academic career or have a hearing in front of the Student-Faculty Review Committee. Schrubbe chose the second option.
The comments in the student's blog, called "Dr. Ted's Office," criticized students and professors in the School of Dentistry.
In one particular post, Schrubbe made disparaging comments about an unnamed professor whom he had the previous semester: "I don't even gratify him by calling him a professor. He is one who teaches, as in should teach infants and children. Professors profess knowledge and wisdom."
David D'Angelo, an adjunct associate professor and ethicist for the School of Dentistry, was also called to testify.
Taylor said D'Angelo was not allowed to testify in person but could provide a letter about the case.
D'Angelo confirmed that in his letter he said the comments on Schrubbe's blog did not rise to the level of ethical violation of the codes of conduct.
"No matter how much I or anyone else find these entries rude, distasteful and imprudent, it doesn't make these entries unethical or immoral," D'Angelo said. "Sanctions should reflect the seriousness of the behavior and should not be unduly or unjustly harsh. In other words, the punishment should fit the crime."
"It seems to me that if the university and the Dental School stood its ground together, there is probably a substantial likelihood that the decision would withstand serious scrutiny," said Peter Rofes, professor of law and associate dean for academic affairs at the Law School.
Because Marquette is a private school, students do not have typical First Amendment rights, according to McAdams.
"A private university can have stricter standards, but just because they can doesn't mean they ought," McAdams said. The main question, he said, is whether Marquette is "prudent to try to suppress this kind of speech."
Students in Marquette Student Government expressed concern over the case after receiving student surveys earlier this semester indicating widespread feeling that students do not have freedom of expression on campus, according to College of Arts & Sciences sophomore Brock Banks, president pro tempore of MUSG.
Banks said he and two other senators are meeting to create a resolution addressing Schrubbe's suspension. If the resolution passes through the Student Life Committee Wednesday night, it will be put on the agenda for Thursday night's full Senate meeting.
Banks said students "should not be reprimanded for non-criminal, unofficial language" made on personal Web sites. Banks' resolution coincides with MUSG discussions of drafting a student bill of rights next semester.