Oregon War Veterans Blog

OWVA Confirms Maxwell’s Re-admittance to the Oregon University System

Salem, Oregon – The Oregon War Veterans Association (OWVA) is encouraged to announce that Jeff Maxwell, the Western Oregon University (WOU) student and veteran Marine who was wrongfully arrested and subsequently suspended from school for lawfully carrying a concealed weapon, may now re-enter the Oregon University System.

Earlier this year, Western Oregon University demanded Maxwell write a special research paper on the importance of following their policies – essentially a denouncement of his own lawful actions.  “We appreciate WOU’s concern and cooperation on this issue,” said Jesse Barton, the Salem attorney retained by OWVA to represent Maxwell.  “Maxwell will now be able to reenroll while the court case continues.”

Maxwell recently signed an agreement, negotiated by Jesse Barton with Assistant Attorney General Gary Cordy, effectively staying the research paper requirement until the Court of Appeals has a chance to review his case. 

After Maxwell’s arrest, OWVA retained Barton, who is also a veteran member of OWVA, to defend Maxwell after it became aware of the level of humiliation forced on him. 

“He did nothing wrong, but was arrested, humiliated, and suspended without the ability to properly defend himself. WOU’s actions infuriated veterans and gun rights advocates from all over the State,” said Greg Warnock, the Executive Director of OWVA. 

WOU’s action against Maxwell caused him to lose the funds he prepaid for his education, lose academic credits for the courses he was enrolled in, and also lose his GI Bill educational benefits during his suspension. 

“We are happy that Maxwell may continue his education,” said Greg Warnock, the Executive Director of OWVA. “We’re excited that WOU and Maxwell could reach a compromise on this one issue.”

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Veteran Jeffery Maxwell Deserves Equal Protection of the Law

OWVA Supports Maxwell’s Appeal

Salem, Oregon – Today, Jeffery Maxwell, the Marine veteran WOU suspended after learning that he was lawfully carrying a concealed weapon on campus, filed a petition with the Oregon Court of Appeals for judicial review.  This petition starts an appeal of Western Oregon University’s (WOU) decision to suspend Maxwell and seeks to override the university’s requirements to be reinstated into the college.  These requirements add an extra burden solely on Maxwell for his reinstatement to any university under the Oregon University System. 

“This particular case encompasses much more than the Second Amendment right,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association.  “This case is about protecting this veteran’s rights.  Our association is about placing veterans first for their service to our country, and we want to ensure that Jeff Maxwell receives that same courtesy.”

In January, Maxwell was arrested for carrying a concealed handgun on campus.  The Polk County District Attorney’s Office later dismissed these charges when Maxwell confirmed that he had the necessary permit to carry a concealed weapon.  However, the dismissal of his charges did not change the university’s disciplinary decision to suspend Maxwell until June 12, 2009.
 
“This issue has become a matter of principle,” said Maxwell.  “I should not be punished for something that is unwarranted.  I’ve lost my educational benefits from the G.I. Bill, and have been publicly humiliated in front of my peers.  The university’s suspension decision is no more supported by the law than was my false arrest for lawful possession of concealed handgun.  I should be allowed to re-enroll under the same terms as anyone else.”

Without the appeal, Maxwell must complete a 10-page paper, with citations of authority, to be reinstated into the university in June.  Even with the completion of the paper, WOU still has the power and authority to accept or deny the essay, meaning it could further delay Maxwell’s re-enrollment.  WOU does not impose this type of enrollment requirement on anyone but Maxwell.

“It will be several months until the court issues its decision, so time becomes a factor,” said Jesse Barton, Maxwell’s legal counsel and one of OWVA’s attorneys.  “Our goal of the petition is to allow Jeff Maxwell, an honorably discharged Marine who compiled an excellent record at Western Oregon and at Linn-Benton Community College before that, and who is on the staff of the Mitchell Group Home in Albany, to continue his pursuit of his chosen professional field.”

The university now has 30 days to provide the Court of Appeals with the entire record of the university’s proceedings regarding this case.  A court date is expected in the upcoming months.

For more information, contact:

Jess Barton
Attorney at Law
jessbarton@msn.com
Phone (503) 391-6283

Greg Warnock
Executive Director, OWVA
greg@owva.org
Phone (503) 689-4145

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OWVA Protects Veteran’s Educational Rights

SALEM, OR -- Oregon War Veterans Association (OWVA) just learned that Jeff Maxwell, the Western Oregon University (WOU) Student who was illegally arrested and subsequently suspended from school for carrying a concealed weapon was just told that he cannot attend ANY Oregon University.

Michelle Sandlin, admissions director of Oregon State University, told Maxwell today that he would not be allowed to attend OSU, even though they admitted him recently- after he was suspended by WOU.

Maxwell has a concealed handgun permit, and is permitted to carry a handgun according to Oregon Law, and the 2nd Amendment of the US Constitution.  Western Oregon University has since withdrawn their charge against Maxwell for carrying a handgun, but came up with a trumped charge about his carrying a knife and having an unloaded hunting rifle in his locked vehicle.  All charges were dropped by the Sheriff’s office as inappropriate, but WOU officials stand by their ruling and punishment of Maxwell.

Jess Barton, the Salem attorney retained by OWVA to represent Maxwell, who is a veteran Marine and member of the association, told OWVA’s executive director, Greg Warnock, that, “Oregon law affords Jeff Maxwell a full and fair opportunity to establish that WOU wrongfully suspended him based on his mere possession of items that ordinary and constitutional law deem lawful....”  Barton, a seasoned appellate attorney is confident in winning the case for Maxwell.

Barton will file a petition for judicial review at the Oregon Court of Appeals this month, to force the university to redress their wrong official action taken, as well as ask for penalties and attorney fees.  Restitution will also be sought now, since Maxwell has lost his GI Educational Benefits, including housing and other expenses when he was suspended.  He also lost the tuition and fees and book charges for last semester, which he prepaid.

OWVA and their legal counsel is representing Maxwell in this case because “we believe that the U.S. Constitution, and Oregon Statues trump the policies of the university system, and we are shocked at the humiliating treatment WOU has dished out to a responsible, veteran Marine, who broke no laws what-so-ever,” reported Warnock to Melica Johnson, from KATU News recently.  “WOU’s immature, irresponsible and illegal actions will unfortunately cost the State of Oregon an enormous amount of money in damages- when they have no money to spare.  It is shameful.” 

In addition to filing a petition for a State judicial review in the Oregon Courts, OWVA and the Oregon Firearms Federation are supporting federal charges against WOU and the Oregon University System (OUS), for violations against Maxwell’s civil rights.  The Law firm of BOPP, COLESON & BOSTROM, a very successful firm out of Indiana, have been retained by OWVA and will provide counsel in this case as needed.

For more information, please contact:

Jess Barton                
Attorney at Law    
jessbarton@msn.com     
Phone (503) 391-6283     

Greg Warnock
Executive Director, OWVA
greg@owva.org
Phone (503) 689-4145

OWVA Prepares to Litigate Against Western Oregon University

FOR IMMEDIATE RELEASE

For more Information: Nellie deVries (541) 601-7272

Salem, Oregon—Today, the Oregon War Veterans Association (OWVA) publicly announced its decision to file a lawsuit against Western Oregon University (WOU) for its violation of the Second Amendment right to carry a gun and its decision to expel veteran Marine, Jeff Maxwell.  The university suspended Maxwell for a year upon discovering he carried a concealed handgun onto campus.

In addition to his unlawful discipline, WOU humiliated the 30 year old, veteran Marine by mandating that he receive psychiatric evaluation and write a ten page paper on civil obedience before his readmission into the university.

Greg Warnock, the Executive Director of OWVA, believes that state leaders must acknowledge this injustice. “Attorney General John Kroger, a marine veteran, raised his right hand and swore to uphold the Constitution of the United States of America,” said Warnock.  “His sworn pledge does not include protections for the administrative rules of Western Oregon University.  OWVA thinks it would be wise for the Attorney General to intervene in this complex situation and advise Western Oregon University to correct its wrongdoing and apologize to Maxwell.”

“This issue is not only about protecting constitutional gun rights,” Warnock.  “It’s also about protecting a veteran marine from an unjust suspension.”  Maxwell is a competent gun owner, with a license (CHL) to carry a concealed handgun.  According to Oregon Statutes, all legal CHL holders are authorized to carry a concealed weapon in all areas, even capitol buildings, unless there is a physical posting outside the entrance to the facility or building specifically banning weapons.  OWVA’s legal counsel is preparing to file a law suit against WOU, on behalf of Jeff Maxwell.

OWVA firmly expects Western Oregon University to reverse its decision to suspend Maxwell, restore his lost academic credits, present an apology to the Marine for the humiliation this ordeal caused, and develop a sound policy that protects his right to carry a concealed handgun, in accordance with the law.  On these things, “we will not waiver,” said Warnock to members of the media earlier today.

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