By Kimiko L. Martinez
Assistant News Editor
While the university continues its review of the sage burning practices of Hopi public policy student Michael Johnson, the four students who live directly above Johnson have strongly denied any racially motivated reasons for opposing his daily faith exercises.
The students, who did not want their names used, maintain that comments by Johnson implying racial or “ego-pushing” factors, were completely false.
One roommate said the matter was simple: “I don’t want smoke in my room.”
The law students made clear in a letter to the Graphic that Johnson’s comments that implied that they were “culturally and religiously intolerant” and unsupportive of Native American religious rights were far off the mark. They emphatically deny any other motivation except concerns about smoke in their room.
Additionally, they deny that anyone in their room ever made the comment, “Damn, that (stuff) smells good. I wish I had some of that,” as Johnson reported.
The Residential Life Office and Department of Public Safety have been reviewing the case since fall. An invitation to come observe Johnson’s sage burning practice was accepted Wednesday with both Jim Brock, associate dean of students and director of residential life, and DPS Assistant Director Rob McKelvy, in attendance.
While the matter is still under review, Public Safety declined to comment on specifics of the case but said: “RLO and DPS will attempt to resolve the matter amicably.”
They noted, “Pepperdine values diversity and aims to foster an environment that is respectful and tolerant of the many different cultures which are gathered here,” and added that “the university has an obligation also to provide its students with a safe environment.”
RLO administrators were unavailable for comment.
While parties involved have expresses appreciation to many of the individual administrators involved, frustration with the administration collectively has grown. Several of those close to the case have expressed their dissatisfaction with the length of time that has passed without a resolution and the lack of a unified university stance on the issue.
Although Johnson said he believes he is protected by the American Indian Religious Freedoms Act, Native American law expert Nell Jessup Newton, dean of the University of Connecticut School of Law, said she doesn’t believe the act applies on private campuses.
“But it does state a very important principle,” Newton said. “One that ought to be respected, especially by an institution such as Pepperdine, which cares deeply about making room for religious practices in public and private life.”
Robert Williams, professor of law and American Indian studies at the University of Arizona College of Law in Tucson, said a constitutional law expert should be consulted on the matter.
“The free exercise clause is a very tricky idea of civil liberties balanced against compelling governmental interests,” Williams said.
At press time, Pepperdine law school administrators and experts could not be reached.
Regardless of the legalities and bureaucracy of the situation, students just want to see a quick resolution to the matter.
Possible relocation, alternative locations or altered practices have all been suggested as potential remedies, but the final decisions are to be determined by the university.
The time frame for that decision has yet to be determined and DPS said it cannot “speculate as to when it will be resolved.”
February 21, 2002