(Note: The typos in this letter were included in the original letter, and are not our fault)

University Centers -- 0076
Student Affairs
9500 Gilman Drive
La Jolla, California, 92093-0076

September 20, 2002

Groundwork Books
xxxxx, Principal Member
xxxxxxxxxxx Blvd.
San Diego, CA

Dear xxxxx:

In April 12, you were notified in the attached letter that Groundwork Books had been identified in connection with an incident of alleged misconduct at UCSD. The alleged misconduct is that Groundwork Books at the time was hosting a web site of the Kurdistan Workers Party (PKK), an organization listed by the U.S. Department of State as a Designated Foreign Terrorist Organization (FTO). Providing material support or resources to a designated FTO is a violation of federal law (18 US 2339A, see http://www.state.gov/s/ct/rls/fs/2002/12389.htm) and UCSD Policies, specifically the Acceptable Use Policies of Academic Computing Services (see http://www-acs.ucsd.edu/lib/aup.html).

In a letter dated April 22, Groundwork Books asserted that the Co-op Oversight Committee should respond to the allegation first. In a meeting in May with xxxxx and xxxxx, two principal members of Groundwork Books, I indicated that Groundwork Books is a registered student organization and that the conduct of student organizations is subject to the Student Code of Conduct, specifically sections 22.14 and 22.15.10 in this case, and its procedures (see http://ugr8.ucsd.edu/judicial/22_00.html), pursuant to Section II.A.2 and 4 of the Memorandum of Understanding between UCSD and Co-op/AS/GSA.

xxxxxx and xxxxxx's response to the allegation was that the PKK no longer exists, Groundwork no longer hosts that burn.ucsd.edu website which had links to the PKK web material, and the web material about the PKK did not constitute "material support or resources" of the PKK but was news coverage. However, the PKK continues to be identified as a Foreign Terrorist Organization by the U.S. Department of State and at the time of the allegation Groundwork's was clearly hosting the burn web site. The web material was not news coverage because it supported the cause of the PKK and was intended to generate support. Unlike news coverage, it did not include an impartial presentation with supporting and oppposing views nor did it provide a balanced analysis or interpretation of the subject The law indicates that providing material support to terrorists not only includes money and training but also includes communications In this case, communications equipment is the use of the UCSD computer network resources, personnel are the Groundwork's members who maintain the server with the burn web site, and facilities include the Groundwork's facility where the server was housed.

I have been delegated the responsibility as the designee of the dean of students for student organizations accused of alleged violations of the UCSD student standards of conduct and I'm therefore handling this matter in its informal resolution phase. Given the facts known to me at this time, I have determined that sanctions are appropriate in this situation and they are outlined below. You have the option of 1) accepting responsibility for the alleged misconduct and agreeing to the sanctions, in which case they will be incorporated into an Informal Resolution Agreement, 2) accepting responsibility for the alleged misconduct but requesting a reduction in the administrative penalty, or 3) requesting a formal hearing before a campus-wide judicial board.

The sanctions are as follows:

1. The principal members of Groundwork Books must write a statement a) summarizing the U.S. law that makes it unlawful to provide material support or resources to a designated FTO (see http://www.state.gov/s/ct/rls/fs/2002/12389.htm) b)agreeing to abide by this law, and c) any materials that support a foreign organization on a Groundworks maintained web site. This statement must be submitted by October 25, 2002.
2. Groundwork Books will be placed on probation for the 2002/2003 academic year, and may be suspended and deregistered as a student organization if during this time it posts material supporting a FTO on a web site it maintains or if it violates other campus policies and guidelines as stated in the Student Code of Conduct.

The Informal Resolution Agreement as described in items 1 and 2 above, will be implemented after the fifth (5th) academic day from the date of this letter. However, you may, at any time prior to the effective date of the Informal Resolution Agreement, exercise your right to a formal hearing by submitting a written request for a hearing to me via email at grratcliff@ucsd.edu or by delivery of a letter to my office at the UCSD Price Center, Mail Code 0076.

Sincerely,
Gary Ratcliff
Director, University Centers

cc: Nick Aguilar, Assistant Vice Chancellor of Student Policies and Judicial Affairs
Carmen Vasquez, Assistant Vice Chancellor, Student Life
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