By David R. Kazak

Radio and Television Senior Michael Anzaldi said he was frustrated with trying to access SIUC’s computing system, sometimes waiting until four in the morning to do so.

So he wrote a letter to the Daily Egyptian editor detailing his troubles.

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Now that letter, published Sept. 22, is the sole reason behind a disorderly conduct charge brought by SIUC’s Judicial Affairs Office in response to a complaint by an Information Technology employee.

Analyst Robert Roy, mentioned at the end of Anzaldi’s letter, filed a complaint with Judicial Affairs on Oct. 2, requiring Anzaldi to appear at a Nov. 1 hearing.

Roy’s complaint stems from the last sentence in Anzaldi’s letter. Anzaldi mentioned Roy, who helped him with an e-mail problem.

In the letter, Anzaldi said, Finally, if anybody is still having trouble with pop e-mail, go see Rob Roy at Wham. This guy’s a real pleasure. I suggest seeing him during his lunch hour, then it’s extra hilarious.

Roy’s complaint claims this statement has caused harm to his position at SIUC.

This letter has done direct harm to my 20-year career here at SIUC, Roy said in the complaint. This is a public ridicule of me by name in the public press. The hurt and slander this has done cannot be undone.

Anzaldi said he found out about the charge from his parents who called after they received notification of the charge.

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When I went to Judicial Affairs, they told me because of the letter I wrote, I was being charged with disorderly conduct, he said. Basically I am being charged with expressing my opinion,

Roy said he filed the complaint because his boss told him he could, but he refused to comment further. Roy’s supervisor, Information Technology director Lawrence Hengehold, said the situation is between Roy and Anzaldi and does not involve IT.

Judicial Affairs Hearing officer Craig Jones said it is not up to Judicial Affairs to conduct investigations. They base their charges, Jones said, on witnesses and evidence present at the time a complaint is filed.

Roy’s list of witnesses included anyone who read the Daily Egyptian.

After a student receives notification of charges pending against them, they must come in for what Jones called a fact-finding hearing.

At the hearing, which is informal, the student is reminded of the charges, shown the evidence and list of witnesses and is given the opportunity to say whether they were involved in the incident.

Anzaldi said because he disagreed with the charge, he chose to have a formal hearing, where he will confront Roy in the presence of either a hearing officer or Judicial Affairs coordinator Terry Huffman.

Essentially this office gives the student a fair chance to prove they are not, in fact, in violation of the student conduct codes, Jones said. If complaints or issues are raised, (Judicial Affairs) should pursue them.

Student Press Law Center attorney Mike Hiestand said he has never heard of a case like this one before.

When a case like this usually arises, it is taken to court, not handled by the school, he said. The school may be on murky constitutional ground too, Hiestand said, because students have the First Amendment right to express themselves.

If you’re engaging in fair criticism of school employees or administrators, you should be protected. he said.

Hiestand also said he was concerned what this could mean for other students wanting to write letters to the editor.

Why should a student take the time to write a letter if they find themselves being brought up on disorderly conduct charges?