We’ve had the Starr Report, the 9-11 Commission Report, the Iraq Study Group Report, and now it’s time for the deaf community’s much awaited report — the Gallaudet HMB Report.

This 53-page document details the incidents on October 6, 2006 at the Hall Memorial Building (HMB) on Gallaudet campus that transpired shortly after the building’s lockdown. A bomb threat was called in, sending three Department of Public Safety officers into the maelstrom. Here are a few nuggets uncovered by the meticulous investigation by Holder, Razi, and Zink, the attorneys at Covington and Burling, LLP who authored this report.

The takeover of HMB was illegal according to University policy and DC law; the protesters did not have any “right” to occupy the building. There was a bomb threat (the carrier and phone number was revealed in the report). However; the person making the bomb threat did not specify any particular location on campus. There was no evidence to support the protesters’ claim that the University called in the bomb threat to attempt to force their way into the HMB. The report concedes that the DPS saw the threat as an opportunity to gain intelligence about the situation in the HMB.

During the sweep in response to the bomb threat, DPS searched three key buildings but the HMB received the most scrutiny. Upon entering the HMB, the protesters pushed, shouted at, and cut in front of the DPS officers. Holder, Razi, and Zink described the student’s actions as “inappropriate conduct.” One DPS officer forcefully pushed through several aggressive students, which was captured on video by BistonTV. Despite the use of force by one officer, Holder, Razi, and Zink conclude that the three officers performed well under very difficult circumstances and did not use, what is legally defined as “excessive force”. The report makes clear that pushing and shoving is not “excessive force”. While pepper spray was displayed, the report says that it was not discharged.

The report concludes by saying it “was a mistake not to send a sign language interpreter with the three officers assigned to search HMB. Reasonably foreseeable that sending three officers with modest signing capabilities into a building of hundreds of hostile students was a bad decision.” In addition, the officers also did not make a good decision when they stopped signing with the protesters after they initially entered the building.

The most damaging part of the report was a revelation that the protesters, and much of the deaf community was already aware of. The DPS officers involved in the HMB situation had below average signing skills. In addition, “while DPS encourages its officers to learn ASL, there are no specific requirements for ASL coursework or proficiency.” Of all the DPS officers on the force, only one has taken basic ASL and received a “D” grade. Later in the report, we learn that out of 25 officers, only four are deaf or hard of hearing (16 percent).

One of the most valuable lessons imparted by this report reminds us that the lessons from the DPN protests of 1988 and the Dupree murder in 1990 have yet to be learned:

It is important for the composition of any institution of authority to be as representative as possible of the community it serves.

Holder, Razi, and Zink make the following recommendations to the Gallaudet Board of Trustees:

1: Gallaudet Should Attempt to Hire More Deaf and Hard of Hearing Officers.
2: Gallaudet Should Adopt Mandatory ASL Proficiency Requirements for DPS Officers.
3: Until Officer Signing Ability Improves, DPS Should Increase Use of Interpreters.
4: DPS Officers Should Receive Increased Training Regarding Use of Force.
5: DPS Officers Should Receive Increased Training in Responding to Protests.
6: DPS Should Increase Outreach Efforts to Students.
7: Students Should Show More Respect Toward DPS Officers.
8: DPS Should Seek Clarification from MPD Regarding Plan for Responding to Bomb Threats And Similar Situations.


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