Law School’s Ban Of 2L Draws Protest From Students

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(Photo by Andrew Lichtenstein/Corbis via Getty Images)

Jamie Marsicano, a 2L at the University of North Carolina at Chapel Hill, was arrested at a protest in March. The protests at Weelaunee Forest in southwest DeKalb County, Georgia, known as Defend Atlanta Forest or Stop Cop City, are against the proposed Atlanta Public Safety Training Center at that location.The protests object to the $90 million facility they believe will further militarize policing.

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On March 5th, Marsicano was one of 35 people arrested and charged with domestic terrorism. According to police, those arrested charged the Copy City construction area and threw large rocks, bricks, Molotov cocktails, and fireworks at police officers. However, as reported by ABA Journal, through their attorney, Robert Rubin, Marsicano denies they were at that incident, rather they were attending the South River Music Festival:

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Rubin says there is no evidence placing Marsicano at the incident site, and Marsicano was arrested at the music festival. At a bond hearing, a prosecutor said Marsicano was arrested because they were wearing muddy, black clothing and had 2016 and 2017 arrests tied to protests, the Washington Post reports.

The government claims that protesters who fled the construction site got wet crossing a creek to get to the music festival, while protesters argued that it had rained two days before, and the festival grounds had muddy areas, according to the Washington Post.

That same incident saw police arrest a green-hatted legal observer under the auspices of the National Lawyers Guild. Meaning there’s at least circumstantial evidence that police used an overly wide net when putting folks on the paddy wagon that day.

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However, the university has used the arrest to ban Marsicano from attending classes — either in-person or online.

According to Rubin, the decision was made by the university chancellor in conjunction with the emergency evaluation and action committee.

According to university website language, the committee has jurisdiction over students whose behavior on or off campus could be a continuing danger for the university community or property.

“But it is confusing to us, since there are no clear procedural rules for this hybrid decision-making,” Rubin says, adding that he and his team have filed an administrative appeal.

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Citing the Family Educational Rights and Privacy Act, the university would not comment on the matter.

As detailed by Marsicano’s attorney, they’re incredibly involved in student life at the law school:

Marsicano was a dean’s fellow, which involves mentoring 1L students, according to the law school’s website. They were also a member of a student wellness committee, an Outlaw board member and president of the law school’s National Lawyers Guild chapter, according to their lawyers. Under their sanction, Marsicano can’t participate in these activities, according to Rubin.

“It’s unfortunate the university would consider it proper to remove such an important member of the UNC law community and, ironically, remove them in the name of protecting the various students Jamie has been protecting since their admission to law school,” Rubin says.

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But Marsicano has received support from fellow students. The Daily Tar Heel reports over 100 law students walked out of classes in support of Marsicano and 500 signed a petition asking the university to reevaluate the decision.

Inside South Building, protesters continued chanting, “if Jamie’s not in class, we’re not in class” and “F-R-E-E, free our Jamie.” Many told stories of how Marsicano had helped them in times of trouble.

“When I got diagnosed with type one diabetes, Jamie helped pay for my medication, she fundraised for me and supported me. When I got arrested in the 2020 protests, Jamie helped me obtain a lawyer so that I could go on to apply for my masters degree,” Nada Merghani, an N.C. Central student, said to the crowd in South Building.

Meghan Rankins was a walkout leader and is a second-year law student and friend of Marsicano. They said they believe the charge was politically motivated to intimidate protesters and that the University and chancellor should let Marsicano return to class.

“The University policy and the letter that Jamie received says that [the administration] can make a reconsideration at any time,” Rankins said. “That is part of the reason why we are walking out today and why we have sent the letters, because, you know, if successful, they could decide today or tomorrow that Jamie can come back to class next week.”

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Marsicano was released on bond March 23.

Earlier: Police Breaking Up ‘Cop City’ Protest Arrest Legal Observer

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

Topics

2L, Jamie Marsicano, Law Schools, Law Students, UNC-Chapel Hill, University of North Carolina School of Law