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The Northern Kentucky University professor responsible for dismantling an anti-abortion display April 12 has stopped talking to the media and has been placed on administrative leave.
Dr. Sally Jacobsen returned The Northerner's calls Tuesday evening and said she has been advised by her attorney not to grant any more interviews. She directed further inquiries to her attorney, Margo Grubbs of Grubbs Law Firm in Covington, Ky.
However, in an e-mail dated April 18, Jacobsen wrote to students whom she invited to join the demonstration. "I want to do everything I can to keep any of you from being specifically named," she said. "And I am very sorry I got you involved in this."
Jacobsen also apologized in a television interview. She expressed her regret for including students and voiced her concern for the welfare of those students.
In an online report released Thursday evening, The Northerner reported Jacobsen, along with approximately 10 students from her Studies of Contemporary British Literature class, removed 400 white crosses from the hill in front of the Fine Arts Building. Those involved knocked the crosses over before throwing them in trash cans around the plaza.
Jacobsen urged students to spread the crosses around the plaza to "make it harder" to get them back.
Few have publicly backed Jacobsen, but NKU President James Votruba said that he has received e-mails from former students who have told him how important Jacobsen was to them. "She's been very important to many students on this campus," he said. "You don't judge a career on a single incident in the last two weeks. You don't judge Sally or anyone else like that." Votruba also said he understood "we all have moments in our lives that we'd like to replay."
In the April 18 e-mail sent to students involved, Jacobsen outlined the class procedure for the rest of the semester and encouraged students to "stay away from LA 517," which is her office. She also gave the students legal advice. "… If you are named, my advice is to get your attorney to plead you down to a misdemeanor," she said. "The well-funded Right to Life groups that are pushing for this need felony convictions, I believe, in order to file civil suits for damages."
Jacobsen also informed the students of the current investigation by the Northern Kentucky University Police Department. "In the meantime, the campus police continue their investigation," she said. "If you have not yet been interrogated, you do not have to talk to them without an attorney. You can make it hard to find you. Again, I am so sorry."
NKU Provost Gail Wells has confirmed that she suggested Jacobsen take the last two weeks of the semester off as paid leave. "She has been removed from all of her classes," Wells said. "I want students to be reassured that the substitutes will cover the classes in an adequate manner."
Students involved in the removal of the crosses have the possibility of facing criminal charges of a class D felony, according to NKU police. Though no charges have been pressed by the Northern Right to Life group, NKU Officer Rob Yelton said they are imminent. "The group has indicated that they are willing to press charges," he said.
However, Yelton and Lt. Col. Jeffrey Martin don't believe that the students involved will face legal retribution. "At this time, we don't anticipate the students being charged," Martin said. "They were intimidated by an authority figure into believing that this was not a criminal act."
The investigation, Yelton said, is three-quarters of the way finished and Commonwealth Attorney Jack Porter is expected to call the department shortly. "The prosecutor will make the final decision," Yelton said.
Yelton and Martin also said although the prosecutor does have the right to charge the students for their involvement, he also has other options. "The prosecutor has a right to grant (the students) immunity," Martin said. "He could choose to prosecute, but I just don't see that happening."
Police believe the prosecutor will pursue charges against Jacobsen. "I would anticipate that (Jacobsen) will be charged," Martin said. "The probable cause is overwhelming."
Votruba said he didn't think Jacobsen knew what an impact she would make. "I don't think Professor Jacobsen understood the full impact of her choice," he said.
In Votruba's statement, released to the university community April 17, Votruba said, "Nevertheless, (Jacobsen's) recent lapse of judgment was severe and, for a period of time, has caused some in our community and beyond to question whether Northern Kentucky University upholds freedom of expression."
Dr. Christopher Wilkey, an assistant professor with the literature and language department, also works as an associate for the Institute of Freedom Studies on campus. Wilkey, according to the IFS Web site, "is committed to linking much of his professional work to the work of social injustice." He is also the faculty adviser to Students Together Against Racism (STAR).
"I think that (this) speaks to the status of freedom of speech on this campus," Wilkey said. "The university needs to revisit our policies." Wilkey said the free-speech zone, which is located in front and to the left of the University Center, is half under construction, therefore unavailable to students. "There's no zone," he said. "Where can they go?"
Wilkey said there is all kinds of paperwork to be done and administrators to talk to when it comes to putting up a display on campus. He also said it's not something that can be done quickly. "Where is it that students can spontaneously address issues without going through the bureaucracy?" he asked. "And I don't mean passing out leaflets, but doing the displays. It can't be done quickly without spending hours with the administrators."
Wilkey also said that he had hoped the university would be more understanding when it came to handling Jacobsen. "I think people are demonizing her here," he said. "I'm reading these blogs and they are ridiculous."
Dean of Students Kent Kelso said the Northern Right to Life group was given permission to use the hill in front of the Fine Arts Building for their display partially because the free-speech zone was under construction. "Student organizations can request alternate locations and there are specific areas you can request," he said.
The decision on whether or not to grant a designated public forum rests with the dean of students. According to Kelso the decision is based on issues such as whether or not the demonstration would block traffic, or if it would be too noisy near the classrooms. "If a group wants to do a demonstration that's loud and disruptive around classrooms, we deny them," Kelso said. "It would disrupt the educational process."
Kelso said unregistered student organizations are kept to a non-public forum. The full list of rules and regulations with posting can be found at http://president.nku.edu/resources/GovAdmRegsABC.pdf, or by going to the NKU homepage.
Senior marketing major Nicole Smith doesn't agree with the actions that were taken by Jacobsen. "I think it was absolutely uncalled for," she said. "Everyone has a right to freedom of speech and she violated it."
Second-year Chase Law student Joseph Ireland said that he understands. "I understand her point; she wants to express her views," he said. "But she's entangling the school and making it look like they are endorsing her actions - you just can't do that."
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