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SG candidate gets 1-day suspension for inappropriate flier

Dobbs apologizes, but says sign was approved, within legal rights

By James Hale

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Published: Monday, March 1, 2004

Updated: Saturday, November 29, 2008

The Election Supervisory Board decided Friday to suspend Reprezent two-year, at-large candidate Andrew Dobbs from one day of campaigning after ruling on a sexual harassment complaint.

Michelle Fuller-Wigg and Katie Herbek, two SG members currently working on the Focus campaign, filed sexual harassment complaints against the Reprezent ticket for a flier distributed last Monday. The flier contained a photograph of SG members in bathing suits at a retreat.

Dobbs singled out Focus supporter Katie Herbek in front of a large crowd as one of the people shown on the flier, Herbek said. She said she ran into a bathroom crying.

The ESB suspended Dobbs on Sunday from campaigning from 8 a.m. to 4 p.m. today.

Fuller-Wigg and Herbek declined to comment to The Daily Texan, but at the hearing they claimed the image on the fliers was not intended to be seen by the student body. They also said the image was "sexually suggestive" and inappropriate for distribution.

"If I wanted the people in the West Mall to see me in a bathing suit, I would walk around the West Mall in a bathing suit," Fuller-Wigg said.

Reprezent members argued the flier was certified by the board chairman, Coleman Lewis, before they distributed it. They said a ruling in favor of Fuller-Wigg and Herbek would contradict the flier's prior certification.

Ben Durham, another Reprezent candidate, said the flier was not intended in the way that Focus' campaign members claim.

"Fundamentally, there's a misunderstanding on the part of the other ticket of our intentions," Durham said.

Reprezent would not appeal the ESB ruling, he said. Durham argued the flier was meant to highlight student government's spending procedures, not attack the individuals in the picture.

"Our intent wasn't to harm anybody," Durham said. "We realize the picture we used hurt people's feelings, and we're apologetic about that. We hope that by apologizing and stopping the proliferation of the flier, people will understand we're taking responsibility for our actions."

Durham also contested the claims of sexual harassment on the grounds that the picture in question had been posted online by Jonathan Lee - photographer for the retreat - and linked to an e-mail that went out over the student government listserv.

Durham claimed that the photograph was taken on public property and can legally be used as long as the photo is distributed without cost.

"Legally, they have no case," Durham said.

Dobbs apologized in a Firing Line the following Friday for making any of the women on the flier feel uncomfortable.

"On a personal level, I'm very sorry for what happened," Dobbs said. "On a legal or statutory or constitutional level, we were within our rights."

Focus presidential candidate Brent Chaney said he was unhappy with the board's decision and that the punishment was not severe enough.

"Suspending one person for one day, I don't think that's enough," Chaney said.

The decision to use the picture had to go through several people, Chaney said, and if he had been in charge, the photo would not have been used.

"We haven't attacked anyone, and I think voters will see that and know who to vote for," Chaney said.

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