Associated Students of the University of Washington
Student Senate
Session 9
Affirming Civil Rights and Liberties in Light of the USA PATRIOT Act
WHEREAS, the University of Washington has a diverse student and faculty body, including many students from outside the United States, and many students with diverse cultural backgrounds whose contributions to this community are vital to the culture and civic character of the University of Washington; and
WHEREAS, the preservation of civil rights and civil liberties is a pillar of American society and is essential to the well-being of any democracy, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally; and
WHEREAS, The community of the University of Washington denounces terrorism, and acknowledges that federal, state and local governments have a responsibility to protect the public from terrorist attacks in a rational, deliberative and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; and
WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act; Public Law 107-56) on October 26, 2001; and
WHEREAS, some provisions of the USA PATRIOT Act and other related federal orders and measures may pose a threat to the civil rights and civil liberties of all students staff and faculty at the University of Washington, including natural citizens of the United States, and particularly, but not limited to, those who are of Middle Eastern, Muslim or South Asian descent, by:
a. Reducing judicial supervision of telephone and Internet surveillance.
b. Expanding the government's power to conduct secret searches without warrants.
c. Granting power to the Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations".
d. Granting power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime.
e. Granting the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime.
f. Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced; and
WHEREAS, law enforcement and security measures that undermine fundamental rights do irreparable damage to the American institutions and values of equal justice and freedom that the students staff and faculty of the University of Washington hold dear; and
WHEREAS, the Associated Students of the University of Washington believes that there is not and need not be conflict between security and the preservation of liberty, and that students of the University of Washington can maintain their privacy and be both safe and free;
BE IT RESOLVED BY THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF WASHINGTON:
THAT the ASUW supports the fundamental, constitutionally-protected civil rights and civil liberties of all members of the University of Washington; and
THAT the ASUW opposes those measures that infringe upon such civil rights and liberties, or that single out individuals for legal scrutiny or enforcement activity based solely on their country of origin, religion, ethnicity or immigration status; and
THAT the ASUW urges all students, staff, and faculty of the University of Washington to respect the civil rights and civil liberties of all members of this community, regardless of citizenship or heritage; and
THAT the ASUW urges the University of Washington Police Department and all other applicable departments, except when required by law, to refrain from:
a. utilizing race, religion, ethnicity or national origin as a factor in selecting which individuals to subject to investigative activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity or national origin is part of the description of the suspect,
b. participating in a joint search of the property or residence, with any law enforcement agency absent the assurance that simultaneous notice of the execution of a search warrant to such member of the University of Washington,
c. any practice of stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without particularized suspicion of criminal activity, and
THAT the ASUW urges federal authorities not to subject any individual in the custody of the University of Washington Police Department, who may be placed in federal custody, to military detention, secret detention, secret immigration proceedings, or detention without access to counsel; and
THAT the ASUW urges the University of Washington administration to provide notice to all individuals whose education records have been obtained by law enforcement agents pursuant to Section 507 of the USA PATRIOT Act (Disclosure of Educational Records).