April 27, 2015

RE: Marin Abou

Dear Mr. Rohrbacher,

We feel compelled to reach out to you to address this unfortunate situation involving Marvin Abou. We

want to be perfectly clear, that we in no way condone his irresponsible choices; however, we do feel that

Cal Poly has rushed to judgement with this extremely harsh disciplinary action.

Marvin has been an exceptional tenant for the past two years. He pays his rent three months in advance,

has extraordinary skills with his hands and possesses a true entrepreneurial spirit. He has become the

house handyman of sorts. There is nothing he cant build or repair and if he doesnt know how he will

research it. In fact, Marvin could easily be the poster child to represent Cal Polys Learn By Doing

motto. Marvin is a mature, responsible, respectful young man. He is a loyal friend and a supportive team

mate. He has been a member of the Cal Poly football team for the past three years. During that time, he

has not played in more than two or three games, yet he is at every practice at 6:30 am, in the weight

room, attends team meetings and does what is asked of him by his coaches. He does not travel with the

team and stands on the sidelines at almost every home game supporting his team, always ready to go in if

the time comes. And no one on that team is more excited when his team wins! Marvin is a great guy!!!

Marvin made a terrible decision on the night in question. Why is he not presumed innocent until proven

guilty? His court date is Monday May 4, 2015; yet, he is being pressured to make a decision, by Friday

May 1, 2015, on two equally unfair options presented to him by the OSRR office. That certainly does not

appear to be the highest standards of fundamental fairness and due process required by law nor

addressing issues of students behavior with respect and fairness as stated on the OSRR home page.

After examining the OSRR flow chart illustrating the Student Conduct process we would conclude that

Marvins case is only in the Investigation or Evidence of Violation due to the fact that the legal process

has not been completed nor has a judgement been handed down. Marvin deserves his day in court

before the Cal Poly OSRR renders their disciplinary action.

Does the Cal Poly OSRR office not believe the legal ramifications enough punishment for his crime? If

convicted of felony DUI, he faces $5,000-$20,000 in fines and legal fees, possible jail time, up to four years

license suspension, 18 months of alcohol education, and having a DUI on his criminal record could have a

devastating effect his future employment.

In truth, there are numerous student / student athletes currently enrolled at Cal Poly with DUI

convictions. An article, in Mustang News, discussed a study conducted at Cal Poly that found in 2013

according to the SLOPD there were 396 DUI arrests, 55% were ages 18-25. One can assume that several

dozen of those arrested were Cal Poly students. Mustang News reported on September 22, 2013 (last

academic year) Nicholas Martinez, a Senior Business major at Cal Poly was arrested on suspicion of

felony DUI and felony hit and run. Both charges were lowered on May 5, 2014 by the court. As listed on

Nicolas current face book page he attended Cal Poly four years and is now a Marketing Director for a

company in Colorado.

After all of the bad press Cal Poly has received this current academic year (2014-2015) it is unfortunate

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that the administration now decides to make an example of a student athlete.

Why were the five football players that have been charged with nine felony counts not disciplined

harshly? Why is one of the perpetrators still a current student and possibly on scholarship? He was

suspended from the team indefinitely yet allowed to roam the sidelines at some of the home games?

Why were the student members of the Fraternity house that was selling the drugs not punished? Why

have the Fraternity members that have been charged with sexual assault not been expelled?

Why have the students that planned and hosted the St Frattys Day party not been asked to withdraw

from Cal Poly for a year? There were eight students serious injured and transported by ambulance to the

hospital as a result of the garage collapsing. Cal Fire assisted with triaging and treating multiple victims at

the scene. Is this incident being over looked because the house is owned by the Cal Poly Baseball Head

Coach and his brother, who is also a Coach in the community? How many of those students, that were

cited at the St Frattys Day for alcohol violation, have received disciplinary actions in accordance with the

Cal Poly Student Conduct code?

A big part of Marvins future is in the hands of the OSRR office. Your decision will make a huge impact on

his life and his desire of fulfilling his dream of a Cal Poly degree.

Thank you for your time and consideration, we look forward to hearing back from you.

Sincerely,

Mike & Michelle McMurtrey

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