Attempted dissolution by UCSD in 2002

On November 19, 2001, two UCSD Koala staff members attended an open meeting of MEChA. A student photographer, who was not a member of The Koala, later submitted his photographs from the meeting to the paper, which used them in a criticism and parody of MEChA's president, Ernesto Martinez. In February 2002, three months after the meeting, the University accused the two Koala students who attended the MEChA meeting and The Koala itself of violating the Student Code's prohibition of "obstruction or disruption of teaching, research, administration, disciplinary procedures, or other UCSD or University activities." In March 2002, Vice Chancellor Joseph W. Watson^[4] wrote to "all academics... staff... and students at UCSD": "We condemn The Koala's abuse of the Constitutional guarantees of free expression and disfavor their unconscionable behavior." The University announced that a trial would be held to determine if the paper would be dissolved.^{[5][6][7][8][9][10]}

On May 22, 2002, the UCSD Judicial Board opened the trial to the campus media. The UCSD administration refused to participate and left the hearing. Two days later, Director of Student Policy and Judicial Affairs Nicholas S. Aguilar nullified the hearing and ordered a retrial behind closed doors. At the secret trial held on June 5, 2002, the charges were dismissed.^[7][9]

Criticism of university

The university administration was subject to sharp criticism for its handling of the case.

The Foundation for Individual Rights in Education (FIRE), released documents and emails indicating that the University encouraged official complaints from MEChA President Ernesto Martinez, and instructed him on how to proceed legally and informally against The Koala. Director of Student Policy and Judicial Affairs Nicholas S. Aguilar denounced the "hate, bigotry, and intolerance" of The Koala. Aguilar encouraged Martinez to submit to his office "any complaints of alleged misconduct not based on the content of the publication." He further assured Martinez of his and the UCSD's administration's support of "the UCSD Principles of Community," which, in his view, Martinez was defending against The Koala. Despite his statements in support of MEChA, Aguilar did not recuse himself from the case. In response to a letter from FIRE, Aguilar claimed that UCSD's actions against The Koala was not based on the content of the publication.^[7][8] Some of these documents were later published by The Koala.^[9][11]

FIRE also pointed out that in 1995, another UCSD student publication, Voz Fronteriza, published an editorial which celebrated the death of Luis A. Santiago,^[12] a Latino Immigration and Naturalization Service (INS) officer who died in the line of duty. The article described Santiago as ""traitor...to his race," and stated that "We're glad this pig died, he deserved to die," and argued, "All the Migra pigs should be killed, every single one...the only good one is a dead one...The time to fight back is now. It is time to organize an anti-Migra patrol...It is to [sic] bad that more Migra pigs didn't die with him." In response to outrage generated by this article, Vice Chancellor Joseph W. Watson, whose office oversaw the trial of The Koala, defended Voz Fronteriza's "right to publish their views without adverse administrative action" because "student newspapers are protected by the first amendment of the U.S. constitution." The UCSD administration also issued a formal statement that the University was "legally prohibited from censoring the content of student publications."^[7][8]

Thor L. Halvorssen, executive director of FIRE, cited Vice Chancellor Watson's and USCD's 1995 defense of Voz Fronteriza, and argued that "UCSD hypocritically and selectively violates both its own obligations to that Constitution and its own unconstitutional restrictions of speech on behalf of 'courtesy' and 'sensitivity.'" Alan Charles Kors, president of FIRE, argued that "This is an unmistakable attempt to censor officially disfavored views. The same university that in 1995 declared MEChA's call for the murder of U.S. immigration officers to be 'protected by the first amendment of the U.S. constitution' now prosecutes a student publication's parody of MEChA as 'disruptive.'"^[7][8]

Other controversies

Other scandals which have garnered national media attention are:

• In November 2015 AS UCSD voted to defund all 13 student media outlets. It is suspected that this was deliberately targeting The Koala.^[1] In 2017 a court dismissed a sue by SD ACLU and The Koala. In 2019 the 9th Circuit Court of Appeals reinstated the suit.^[13]
• In 2010, The Koala was involved in a racially charged television segment on UCSD's closed-circuit Student Run Television (SRTV) channel. The footage broadcast by the Koala organization was in violation of SRTV's charter (since Koala did not attain the appropriate approvals required for all broadcasts) and included racial slurs and support for the actions of students involved in the recent party billed the "Compton Cookout". When school administration and officials later sought to collect a copy of the tapes at Koala headquarters, a note was found that read "Compton Lynching". Although both the Chancellor and the AS President of UCSD condemned The Koala's actions, their future funding has been reinstated.^[14]
• In 2006, The Koala was evicted from its campus offices by Gary Radcliffe, assistant vice chancellor of student life, when a bong with marijuana residue and beer bottles were discovered in its filing cabinets. This resulted in a sit-in where staffers occupied and lived in the office and adjacent media commons.^[15][16]
• In 2005, Editor Steve York broadcast a pornographic video of him having sex with a woman on Koala-TV.^[15] York's story appeared on several local and national TV news programs.^[17][18] York also appeared on The O'Reilly Factor to discuss the issue.^[19]
• In 2003, The Koala published a parody newspaper called Jizzlam, a parody of Playboy Magazine for Muslims; which critics charged was offensive against the Muslim community. The 16-page edition included illustrated articles like "The Jizzlam guide to sexual positions during prayer" and "The Miss World Jizzlam burkini contest."^[20]
• In 1998, The Koala lost its main campus office for repeated violations of the student code of conduct and student organization conduct agreement.
• In 1998, a spin-off of The Koala, Koala-TV, was banned from campus for broadcasting nude scenes from a Jenny McCarthy Playboy video.
• In 1997, the staff of The Koala was cited for leaving a female student passed out in the office. The student was taken to a downtown detention cell and fully recovered.
• In 1993, The Koala's office was vandalized by unknown people who drew swastikas in green paint on the floor and door.

Other controversies

• In 2012 The Koala issued an apology to SDSU AS as part of one of two demands AS step forth for the organization in February 2010 to be reconsidered for RSO status. “The Koala is really really really, super duper sorry that previous members, none of whom any current staff members know, were reckless with the office space in Aztec Center, a building which no longer exists.”^[22]
• In 2010 an article attempting to point out the alleged dismissal of a sexual assault case was met with controversy.
• In 2007 a letter in the 'Personals' section of one issue criticized an openly gay fraternity administrator sparking campus backlash.

Other controversies

• In October 2011, six current and former CSUSM students alleged to be members of The Koala were accused of "Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community" and "Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct". Soon after the charges went public, they were withdrawn.