University of Alaska-Fairbanks Resolution

SR160-003A
Resolution Upholding Civil Liberties and Emphasizing the Impact of the US Patriot Act
Sponsored by: John Ashcraft
Submitted: 2003-01-31
State: EffectiveWHEREAS, The Associated Students of the University of Alaska Fairbanks (ASUAF) reaffirms it's support for human rights, personal privacy and the bill of rights; opposing portions of the USA Patriot Act and Executive Orders that threaten those rights; and mandating that the UAF administration proactively prevent the violation of civil liberties of all university affiliated persons by the USA Patriot Act.

WHEREAS, The ASUAF recognizes the Constitutions of the State of Alaska and the United States of America to be the supreme law of the land, which all public servants are sworn to uphold, superceding all administrative rules, local ordinances, state statutes and federal laws, and university policy;

WHEREAS, The ASUAF is dedicated to upholding the free exercise and enjoyment of the inalienable rights guaranteed to all human beings by the Constitutions of the State of Alaska and the United States of America;

WHEREAS, The ASUAF affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of inalienable rights and freedoms of the people of the University of Alaska Fairbanks and of the United States of America;

WHEREAS, Provisions of the USA Patriot Act expand the authority of the federal government to investigate citizens and non-citizens of the United States of America, which threaten rights and freedoms guaranteed by the Constitutions of the State of Alaska and the United States of America;

WHEREAS, The ASUAF recognizes that infringement of the constitutionally guaranteed rights of any human being, under the color of law, is an abuse of power, a breach of the public trust, a misappropriation of public resources, a violation of human rights and is beyond the scope of governmental authority;

WHEREAS, Federal, state and local governments should protect the public from terrorist attacks such as those that occurred on September 11, 2001, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without impairing or infringing on constitutionally protected rights;

WHEREAS, Government security measures that undermine fundamental rights do damage to the American institutions and values that the people of the University of Alaska Fairbanks hold dear;

WHEREAS, The ASUAF believes that there is no inherent conflict between national security and the preservation of liberty ­ Americans can be both safe and free;

WHEREAS, Federal policies adopted since September 11, 2001, including provisions in the USA Patriot Act (Public Law 107-56) and related Executive Orders, regulations and actions threaten fundamental rights and freedoms by: limiting constitutionally protected speech through overbroad definitions of terrorism; without having any evidence that a crime has been or may be committed;

WHEREAS, These newly asserted powers pose a particular threat to the rights and freedoms of any individuals within our school due to profiling based on race, sex, ethnicity, citizenship, religion, or political affiliation;

WHEREAS, many other cities and communities throughout the country have enacted resolutions reaffirming support for human rights and freedoms in the face of government policies that threaten these values, and demanding accountability from law enforcement agencies regarding their use of these new powers; now, therefore be it

RESOLVED, That ASUAF affirms its strong support for fundamental constitutionally protected rights and its opposition to federal measures that infringe on those rights.

RESOLVED, That the ASUAF

REQUESTS, That the University of Alaska Fairbanks Administration to:
refrain from participating in or supporting the enforcement of certain federal laws; refrain from engaging in the surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment, such as political advocacy or the practice of a religion, without particularized suspicion of criminal activity unrelated to the activity protected by the First Amendment; refrain, whether acting alone or with federal or state law enforcement officers, from collecting or maintaining information about the political, religious or social views, associations or activities of any individual, group, association, or organization, unless such information directly relates to an investigation of criminal activities, refrain from undertaking or participating in any initiative, such as the Terrorism Information and Prevention System (TIPS), that encourages members of the general public to spy on their peer, or colleagues; refrain from the practice scrutinizing any documents without particularized suspicion of criminal activity;

REQUESTS, That libraries within the University of Alaska Fairbanks MAU to post in a prominent place within the library a notice to library users as follows: WARNING: Under Section 215 of the federal USA Patriot Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about this policy should be directed to: Attorney General John Ashcroft, Department of Justice, Washington, DC 20530;

REQUESTS, That the Chancellor to seek periodically from federal authorities the following information in a form that facilitates a public assessment of the effect of federal anti-terrorism efforts on all individuals within the University of Alaska Fairbanks administration: The extent to which federal authorities are monitoring political meetings, religious gatherings or other activities protected by the First Amendment within the University of Alaska Fairbanks administration; The number of times education records have been obtained from this institution under section 507 of the USA Patriot Act; The number of times library records have been obtained from libraries in the University of Alaska Fairbanks MAU under section 215 of the USA PATRIOT Act; The numbers of times that records of the books purchased by bookstore patrons have been obtained under section 215 of the USA Patriot Act;

REQUESTS, That the Chancellor to transmit to the public no less than once every year a summary of the information obtained pursuant to the preceding paragraph and, based on such information and any other relevant information, an assessment of the effect of federal anti-terrorism efforts on all individuals within the University of Alaska Fairbanks;

REQUESTS, That the ASAUF President to transmit a copy of this resolution to the President of the University of Alaska, and members of the University Board of Regents, and Coalition of Student Leaders accompanied by a letter urging them to ensure that state anti-terrorism laws and policies be Implemented in a manner that does not infringe on human rights and freedoms;

RESOLVED, That the ASUAF remains firmly committed to the protection of rights and freedoms for all human beings. ASUAF vigorously uphold the constitutionally protected rights of all individuals to peacefully protest and express their political views within the confines University policy without the fear of excessive governmental scrutiny; and, be it further

RESOLVED, that the ASUAF joins communities and cities across the nation in expressing concern that the USA Patriot Act threatens rights and freedoms guaranteed by the Constitutions of the various states of the Union and of the United States of America.