New email disclosures show how UT-RGV Dean of Students violated student's civil rights
Story substantively updated April 18, 2 a.m., to correct errors in labeling documents, add context and update information acquired since publishing April 17 at approx. 12:30 p.m.
As part of my volunteering to help university students fight for transparency and justice at the University of Texas Rio Grande Valley, attorneys for UT-RGV have disclosed a trove of over 20 documents revealing how the Dean of Students Office violated the civil rights of a student government senator who was targeted for impeachment after condemning an antisemitic protest on his campus.
As I reported in late March, Alexis Uscanga faced an impeachment trial at UT-RGV’s Brownsville campus that failed to remove him from office, a vote count student government executives have not released. The trial was surrounded by secrecy. The impeachment article had not been made public. The author's identity had not been made public. The entire impeachment hearing was done behind the secrecy of “executive session,” the legality of which was challenged by the campus newspaper, The Rider, April 8. The campus newspaper’s article on the impeachment was filled with explanations of how not even they were able to gain access to certain information from the student association and administration.
But thanks to the Public Information Act and the Freedom of Information Act, big and powerful institutions like UT-RGV are accountable to the public and must disclose certain information, like impeachment proceedings on campus. The fact that certain information is not made available by the student association and its “advisors” in the Dean of Students Office but must be made available when it comes to complying with the law is merely one proof that the internal workings of the Student Government Association at UT-RGV are not compliant with the law.
The first document I’ll present is the original article of impeachment, which I reported on last week.
As you can see, the name of the author is redacted. UT-RGV Senior Legal Officer, Bennett S. Bartlett has argued that FERPA — Family Educational Rights and Privacy Act — allows him to redact the information. When asked why he selectively redacts the identity of one student and not others, he has not responded by the time of publishing this article, having asked him at 8 a.m. sharp. If he responds, which he is not obliged to, I will update this story.
The inconsistent use of FERPA for the author of the article of impeachment is highly questionable when you consider how others have not received the same protection. For example, other documents given to me by the university (which you will see shortly) even disclose Alexis Uscanga’s personal cell phone number which I will not show.
Others include the names and email addresses of other student government association members. As reported before, I will be seeking an appeal from the Texas Attorney General’s Office. Bennett argues that the State A.G. has no jurisdiction regarding FERPA. If need be, we’ll appeal to the Department of Education.
But we will force the university to give up the name. It’s only a matter of time.
Next up, the student government chief justice who received the article of impeachment immediately forwarded it to student government advisor, Kourtnie Hernandez.
Olivarez and current Dean of Students, Rebecca Gadson, were my student government “advisors” as well. The actual role of advisors is not to advise but to dictate to student government what they can and must do or else, “it’d be a shame if you got expelled.” (Dean of Students offices should be abolished at all university institutions, as their only function is to serve as a secret and political police force, to enact and enforce the dictates of university administrators, with an iron fist, and crush any dissent or opposition as a warning to any other would-be dissenters. Their only job, and I mean their only job, is to institutionalize a culture of fear on campus.)
After receiving the article of impeachment and having immediately sent it to Kourtnie Hernandez, the SGA supreme court justice responded by the end of day, the same day, apologizing for the delay. (When I filed articles of impeachment against the sitting student president, I didn’t get a response from the justice for 5 months.)
Up next, the student chief justice forwards the impeachment to Internal Affairs chairperson Kimberly Moran, notifying her that the “judicial branch” — meaning her and one other person, as there are four vacancies in the judicial branch, i.e. more vacancies than actual persons in the “judicial branch” — decided that the article submitted by anonymous was legit.
The chief justice in student government, merely a political favor given usually to pre-law students in order to pad their resumes, is nominated by the President.
Then on January 16, Uscanga is notified by the internal affairs chair of his impeachment, more than a month after it had been filed.
Kourtnie Hernandez provides Uscanga’s cell phone number to Moran, which the university released to me, unredacted. Why publish Uscanga’s personal information (which is unnecessary as they could have redacted his private info without redacting his name) but not publish the name of the person who filed the article of impeachment?
Next, Moran follows up after the phone call with Uscanga, via email.
Uscanga responds.
On Feb 2., Uscanga is notified about his impeachment, in writing.
Delma Olivarez immediately informs Dean Gadson that she and Hernandez will be organizing a “training” on impeachment proceedings. Immediately, SGA “advisors” are telling students what’s going to happen. The student government association is — or should be — intelligent enough to fulfill its duties and read the Constitution for themselves and decide, for themselves, what their role is. Another example of the infantilization of students by the Dean’s office.
SGA Chair of the Senate, Gregorio Zuniga, who has been driving the narrative against Uscanga, sends out minutes for the meeting wherein Uscanga would be tried, on Feb 13.
Zuniga sends follow up documents.
Uscanga spent his Valentine’s Day writing and submitting his defense for trial.
On Feb 16, Dean of Students, Rebecca Gadson, informs SGA “advisors” that she received a report to her office. She also demonstrates a non-understanding of the words good or faith.
Here is the report.
Since the publication of this article, Uscanga told me that he was never made aware of this report being filed. He found out through my reporting.
Here, the student chief justice sends a draft email to SGA “advisor” Hernandez, seeking feedback.
Hernandez effectively responded by saying, “Don’t forget to threaten him”:
The chief justice, Magdaleno, informs Uscanga of who impeached him, but includes the suggested threat “recommended” by “Advisor” Hernandez:
A follow up of internal affairs proceedings is sent out:
Moran informs “Mrs. Delma” of censure.
They effectively forced him to write a confession.
By this point I was on the case and seeking comment about the proceedings. SGA President Odalys Saenz immediately cried to SGA advisor, “Ms. Kourtnie” to tell her the scary journalist was snooping around.
Hernandez informs Olivarez.
The student government ran a shameful, sham impeachment of a student senator, and were aided by the Office of the Dean of Students at every baby step, which gives him in my view grounds to sue. However, UT-RGV should feel lucky that Uscanga is a kind person who believes in forgiveness; he’s only 20 years old and he’s authentically frightened by the implied threats of sanctions made against him simply for speaking his truth, a clear violation of all his civil rights.
He’s not the litigious type or one to play the victim, like his detractors so often do. He’s a good kid, brave and full of integrity, something those who targeted him and continue to hide behind anonymity will never know or understand. This brings out their flaming hatred for him because he reminds them that it’s true.
It’s he who has been “retaliated” against.
Kourtnie Hernandez first and foremost, as well as Delma Olivarez and Rebecca Gadson, should all be fired immediately, and the office of Dean of Students abolished entirely, from top to bottom. It serves no academic purpose. Far from it, it impedes any real learning.
jonathansalinas@substack.com