JMU student journalists face judicial charges at the school

Two student journalists at James Madison University face judicial charges at the school after entering a dorm to get comments for a news story.

Tim Chapman, 21, of Chantilly, the editor-in-chief of the student newspaper The Breeze, and reporter Katie Hibson, 19, of Loudoun County, were charged by JMU’s Office of Judicial Affairs with trespassing, disorderly conduct and noncompliance with an official request.

On Oct. 18, the two entered the Hillside Hall dormitory to interview students about an incident the previous day in which a female resident reported a trespasser peeking at her in the shower.

Chapman and Hibson, who say the school has violated their First Amendment rights, have found the support of the Student Press Law Center and the Society of Professional Journalists.

“James Madison University officials have acted beyond reason to stifle The Breeze from covering a crime on campus,“ said Nicole McMullin, president of the Virginia Pro Chapter of the Society of Professional Journalists. McMullin is special projects manager for TimesDispatch.com and Richmond.com.

McMullin said the students were following dormitory regulations and called on the school to dismiss the charges.

Don Egle, the school’s public affairs director, said it was not an issue of journalists’ rights but of school policy.

“This has nothing to do with what reporters are allowed to do or are able to do or who they’re able to speak with or what they want to print,“ he said. “They had the right to ask anybody any question outside of the building.“

Egle said policy requires that nonresidents of the dorm be accompanied by a resident and added that the judicial hearing would decide whether all rules had been followed.

David L. Hudson Jr., a Vanderbilt University law professor and scholar with the First Amendment Center, called the charges “very troubling” and said the school is sending “a very negative message.“

“There should be some protection for newsgathering,“ he said. “Admittedly, under our system of law there’s not as much for newsgathering as there is for publication, but reporting on crime is a very important matter.“

Hibson, who arrived first at the dorm about 3 p.m. to solicit student reaction to the incident, was taken inside by a female resident to get comments, she said.

“I thought it was going to be a quick 10-minute deal, and it’s blown up into this huge massive thing,“ Hibson said. She said the student escort was “within 15 feet of me the entire time.“

The hall’s resident adviser, who objected to Hibson being there, escorted her back outside, Hibson said. Chapman arrived soon after with a fellow editor who lived in the dorm and a copy of the residential policy allowing escorted guests.

They were asked to leave again, and the hall director threatened to call campus police, Chapman said.

On Thursday, Hibson and Chapman received e-mails notifying them of the judicial charges. The notice said they must make an appointment by tomorrow for a hearing to discuss the charges.

As of yesterday, they had yet to do so under the advice of legal counsel.

Hibson and Chapman said they planned to make the appointment by tomorrow if the charges weren’t dropped.

“This is part of this whole thing of controlling access here at JMU,“ Chapman said. “We always get stonewalled. People either don’t understand the First Amendment or they think they’re in positions of authority where it doesn’t matter. But this is still a public university.“

Egle, the school’s public affairs director, would not say what the repercussions might be if the students were found guilty of the charges. He said it would depend on the circumstances.