Portland State University : Procedural Violations and Institutionalized Racism: Due Process for Henry Liu
Everyone is innocent until proven guilty. Every student and staff, of a public college or university that receives federal aid, in the United States of America are entitled to free speech and due process among other inalienable civil rights in accordance to The Constitution regardless of race, gender, and creed. A tremendous injustice has been done. The incident and its toxic elements exposed must be critically examined and challenged. Portland State University (PSU) is not a tolerant institution of higher education. PSU violated Constitutional rights and must be held responsible for its actions.
On the morning of April 19, 2012 I was unlawfully arrested by a dozen officers of the Portland Police Bureau (PPB) and officers of PSU Campus Security, at the instigation of PSU officers, agents, administrators, and/or employees, for allegedly making threatening comments to a fellow student about a faculty member. Note that I never made any such statements and there exists no evidence of any threats having been made. The allegations against me were based entirely on hearsay, false reports and racism. Of note, PSU was aware at time of incident the accuser's prior history of false allegations.
Upon my unlawful arrest (no arrest record exists), I was taken to the OHSU psychiatric unit where fluids were involuntarily drawn from my body and where I remained held against my will for six days according to a "hold" that has yet to be fully explained by PSU and its people. During this time an official investigation by the PPB and the DA's office was conducted. Without the privilege of an attorney, I fully cooperated. I denied making threats and spoke the truth. No charges were ever professed in connection with this incident and I received a clean bill of mental health. Investigators concluded this incident as a misunderstanding.
I looked forward to seeing this incident resolved in a satisfactory manner and returning to class. I remained free albeit banned from campus and permanently stigmatized in the public domain by PSU's actions: PSU maliciously and publicly released misleading propoganda attached with my image implying that I was a dangerous individual. Following a disciplinary hearing that neither comported with Oregon law, and a hearing that refused to accept into evidence the official reports from the PPB, DA's office and OHSU clinicians, PSU chose to banish me from campus for life.
This story has been documented by multiple media sources local, regional and national. However, the story remains incomplete. By withholding the accuser's name, allowing the accuser to remain anonymous, and for PSU to continue protecting and supporting the false accuser is wrong. I filed suit in court against the false accuser and won damages for defamation, filing false police reports, and invasion of privacy. The Court proved the accuser to be a fraud. She remains free and enjoys a false sense of protection. These are practices both wrong and unlawful.
Worse of all, the allegations against me, my suspension and lifetime banishment from the campus, along with my photograph on a veritable wanted poster, all implying that I was a dangerous individual remain on PSU's public website. This all happened again based on an inadequate, hasty, inaccurate, racist and one-sided investigation by PSU where my due process rights among others were never afforded. To this very day, PSU has yet to take responsibility for its unlawful actions that placed one of its students lives in imminent danger by unlawful arrest where I suffered verbal and physical abuse and a six day detention in a psyche ward.
Subsequently during arbitration, PSU proceeded to act out of poor faith. The Oregon State Court of Appeals admonished PSU for violating my constitutional rights including a fair trial and the rights to confront witnesses and cross-examination. The Supreme Court of the State of Oregon recently issued an order denying PSU's petition for review. This is all fact and any and all documents supporting these claims are readily available. These legal proceedings continue. Currently the entire incident is being investigated by the U.S. Department of Education for discrimination and wrongdoing.
I am confident and expect the expulsion to be overturned by The Courts based on the Courts' rulings. I expect damages to be paid and a public apology issued by PSU. As a result of this ordeal, I have suffered, among other things, permanent damage to my reputation, interference with my present and future educational and career aspiration and prospects, legal and medical expenditure, stress, and loss of family face. PSU deprived me of life, liberty, and the pursuit of happiness also known as The American Dream. PSU smeared my good name and as a result admittance to law school and financial aid taken from me.
I have evaluated the current circumstances logically and have decided to continue my appeal of PSU's actions in the Court of Appeals, the Department of Education, and the Department of Justice on the merits. There remains irrefutable fact and evidence PSU broke the law. The actions of the school had consequences of an actual trial. Only the hearings didn't follow proper judicial procedures as a constested case by law should. The damages caused by the violations of my due process rights and the discrimination I faced (and the many before me) are real and supported by facts.
By signing this petition, you are representing yourself not only as a logical and culturally sensitive individual, but one with enough common sense to stand up for what is right. You are taking a stand for equality, justice, progress, and The Constitution. Thank you for your time and consideration.
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