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Lawmakers could limit when county officials in Mississippi can jail people awaiting psychiatric treatment

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This article was produced for ProPublica’s Local Reporting Network in partnership with Mississippi Today. Sign up for Dispatches to get stories like this one as soon as they are published.

Key Mississippi lawmakers have introduced several bills that would drastically limit when people can be jailed without criminal charges as they await court-ordered psychiatric treatment.

The proposals follow an investigation by Mississippi and ProPublica finding that hundreds of people in the state are jailed without charges every year as they go through the civil commitment process, in which a judge can force people to undergo treatment if they’re deemed dangerous to themselves or others. People who were jailed said they were treated like criminal defendants and received no mental care. Since 2006, at least 17 people have died after being jailed during the commitment process, raising questions about whether jails can protect people in the midst of a mental health crisis.

lawyers contend Mississippi’s practice is unconstitutional because it amounts to punishing people for mental illness, but the state’s civil commitment law allows it. That law spells out the process by which people suffering from severe mental illness can be detained, evaluated and ordered into treatment. Under the law, those people can be held in jail until they’re admitted to a state psychiatric hospital or another mental health facility if there is “no reasonable alternative.” If there isn’t room at a publicly funded facility or open beds are too far away, local often conclude that they have no other option besides jail.

“Putting a person in jail because they’re hearing voices and you don’t know what to do with them — that’s not right,” said state Rep. Kevin Felsher, R-Biloxi, one of the lawmakers behind legislation to curtail the practice. The stories, he said, showed that people are jailed for longer than he thought and that Mississippi is unique in doing so.

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The proposals represent the biggest effort to change the state’s civil commitment process since at least 2010, according to a of legislation and interviews with mental health advocates. That year, lawmakers standardized the commitment process across the state and gave county officials the option to call on crisis teams before initiating the commitment process. A measure that would have prohibited jail detentions altogether ultimately failed.

A bill proposed by Felsher would allow jail detentions during the commitment process only for “protective custody purposes and only while awaiting transportation” to a medical facility. It would restrict such detentions to 72 hours. 

A bill authored by House Public Health Chairman Sam Creekmore, R-New Albany, chair of the House Public Health and Human Services Committee, would clamp down on the practice even more, allowing counties to jail people without criminal charges only if they are “actively violent” and for no longer than 24 hours. 

The vast majority of the 2,000 jail detentions in 19 counties analyzed by Mississippi Today and ProPublica lasted longer than 24 hours. About 1,200 lasted longer than 72 hours. (Those figures include detentions between 2019 and 2022 for both mental illness and substance abuse; the legislation would address only the commitment process for mental illness.)

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Rep. Sam Creekmore, R-New Albany, has proposed a bill that would prohibit jail detentions for people going through the civil commitment process unless they are “actively violent” and would limit such detentions to 24 hours. The vast majority of detentions in 19 counties over four years lasted longer than that, according to an analysis by Mississippi Today and ProPublica. (Eric J. Shelton/Mississippi Today) Credit: Eric J. Shelton/Mississippi Today

Creekmore’s bill, which passed out of committee without opposition Thursday, aims to reduce unnecessary commitments by generally requiring people to be screened for mental illness before paperwork can be filed to have them committed. Those screenings would be conducted in most cases by community mental health centers — independent organizations, partly funded by state grants, that are supposed to mental health care close to home. That bill also would require those organizations to treat people while they’re in jail.

A bill authored by Sen. Nicole Boyd, R-Oxford, to increase state oversight of community mental health centers contains language similar to Creekmore’s proposal restricting jail detentions. Her bill has been referred to the Judiciary A committee, which is chaired by one of its co-authors, Sen. Brice Wiggins, R-Pascagoula.

The bills would bring Mississippi more in line with other states that allow people going through the civil commitment process to be jailed in limited circumstances. South Dakota permits jail detentions without criminal charges but limits them to 24 hours. Wyoming permits them in an “extreme emergency” and only for 72 hours before a hearing. 

The Mississippi Department of Mental Health says reforming the commitment process is a priority this legislative session. “We don’t want someone to have to wait in jail simply because they need mental health treatment,” said Wendy Bailey, director of the agency, at a January conference attended by county officials from all over the state.

But the Mississippi Association of Supervisors, which represents county governments, has raised questions about whether the bills would force county officials to spend more money. Under state law, counties are responsible for housing residents going through the commitment process until they are admitted to a state hospital. Some local officials contend they don’t have any place other than jail to put people.

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“I think you’ll find all 82 clerks, all 82 sheriffs, all 400 supervisors understand that the jail is not the place they need to be,” said Bill Benson, who as Lee County’s chancery clerk coordinates the commitment process there. “But there has to be a place. If it’s not the jail, there has to be a place available.”

Derrick Surrette, executive director of the Mississippi Association of Supervisors, said county are “all for” keeping people out of jail while they wait for mental health care. But, he said, they’re concerned that they’ll be forced to pay for treatment in private facilities because there aren’t enough publicly funded beds. None of the proposals would expand publicly funded treatment beds, nor would they provide funding to counties. The association hasn’t taken a position on the bills to limit jail detentions.

“It’s a whole lot of legislation being proposed telling the county and a regional mental facility what to do,” Surrette said. “Is there very much in there telling what the state shall do?”

The Department of Mental Health advises local officials to direct people who need help to outpatient mental health care when appropriate and to rely on the civil commitment process only when needed. If the commitment process can’t be avoided, the department says officials should work with their local community mental health centers to seek alternatives to jail.

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A padded cell used to hold people awaiting psychiatric evaluation and court-ordered treatment at the Adams County jail in Natchez, Mississippi. Lacey Robinette Handjis, a 37-year-old hospice care consultant and mother of two, was found dead in one of the jail’s two padded cells in late August, less than 24 hours after she was booked with no criminal charges to await mental health treatment. Credit: Eric Shelton/Mississippi Today

The state has expanded the number of beds in crisis stabilization units, which are designed to provide short-term treatment in a less restrictive setting than state hospitals. Chancery clerks and sheriff’s deputies complain that those facilities frequently refuse to accept people they deem to be violent or in need of additional medical care, though state data shows those refusals are declining. 

An additional bill filed by Felsher would require counties to pay for care at a medical facility if a judge has ordered someone into treatment, no publicly funded bed is available and the person can’t pay for treatment. Although the Mississippi Association of Supervisors hasn’t taken a position on that bill, either, it opposed a similar provision last year because the measure didn’t provide any funding.

At a hearing in November 2022, Felsher asked Benson, the chancery clerk in Lee County, whether he would his county paying hospitals to treat residents as an alternative to jail. Benson responded that if he did, “My supervisors would hang me.”

Benson said in an interview that it costs just $40 a day on average to jail someone in Lee County. By contrast, Neshoba County, which is among those that contract with private providers, pays between $625 and $675 a day to Alliance Health Center to treat county residents when no public bed is available.

Felsher said he hopes to expand the availability of public treatment facilities so counties aren’t on the hook except in rare circumstances. But he also said he believes the cost of alternatives can’t justify jailing people who haven’t been charged with crimes.

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“We can’t send people with mental illness to jail because the county doesn’t want to pay for it,” he said. “If it is a fight, it’s a fight that I will have. We may not win it, but we’ll have it.”

Staffers with Disability Rights Mississippi say the bills don’t go far enough because they don’t ban jail detentions outright. At least a dozen states, including neighboring Alabama, Louisiana and Tennessee, have done so.

Without such a ban, Disability Rights Mississippi staff say they’re planning to sue the state and some counties, alleging the practice is unconstitutional. A federal lawsuit in Alabama led to a ruling in 1984 prohibiting the practice there.

“Mississippi Today’s reporting has revealed the horrifying scope of this problem, including those who have met an untimely death and data to back it up,” said Polly Tribble, the organization’s director. “I hope that, in light of these dire situations, the will be motivated to address these issues.”

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Bailey, head of the state Department of Mental Health, said she was not aware of the possibility of litigation until Mississippi Today asked about it. She said her agency is working to find ways to make sure people get mental health treatment without going through the civil commitment process, and to restrict the use of jail when they do.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

National Press Club awards Mississippi Today with its highest press freedom award

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mississippitoday.org – Mississippi – 2024-09-25 08:01:00

Editor’s note: This press release was drafted and released by the National Press Club and is republished with permission.


WASHINGTON, D.C. — The National Press Club is honoring Mississippi Today — a nonprofit, non-partisan newsroom based in Jackson, Mississippi — with its highest honor for press , the John Aubuchon Press Freedom Award

Mississippi Today is currently involved in a legal case to protect privileged documents used in producing a Pulitzer Prize-winning investigation and named in an ensuing defamation case brought by the ‘s former governor. The case has wide-ranging implications for press freedom in the United States, journalist-source protections

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“In a country that holds freedom of the press as one of its core rights, it is shocking that any court — let alone the highest one in a state — would require reporters to hand over their sources simply because the governor was upset to be caught red-handed misusing federal welfare funds,” said Emily Wilkins, president of the National Press Club. “Mississippi Today’s reporting shined light on a critical issue impacting thousands of Americans, and we hope this award both honors their work and draws attention and support for their case.” 

Mississippi Today is an authoritative voice on politics and policy in the state of Mississippi and produces essential coverage on education, public health, justice, , equity, and more. 

The outlet won a 2022 Pulitzer Prize for its investigation into a $77 million welfare scandal that revealed how the state’s former governor, Phil Bryant, used his office to benefit his friends and family. 

Bryant then sued Mississippi Today and its CEO Mary Margaret White in July 2023, claiming that the defamed him. Editor-in-chief Adam Ganucheau and reporter Anna Wolfe were added as defendants in May 2024, according to an editor’s note on the outlet’s website.

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On June 6, 2024, Mississippi Today appealed a county judge’s order to turn over privileged documents in relation to the defamation . The has not yet ruled on the newsroom’s appeal.

“Ours may be a Mississippi case, but the ramifications absolutely could impact every American journalist who has long been granted constitutional protections to dutifully hold powerful to account,” Ganucheau said. “But this fight is not just about protecting journalists and our sources. We’re also fighting to ensure every single American citizen never loses a fuller understanding of how leaders truly operate when their doors are closed and they think no one is watching. As we continue to stand up for press freedom everywhere, it’s truly humbling to be recognized by the National Press Club in this way.”

A team of attorneys is representing Mississippi Today in its case: Henry Laird at Wise Carter; and Ted Boutrous Jr., Lee Crain, Sasha Duddin, and Peter Jacobs at Gibson Dunn. The Reporters Committee for Freedom of the Press is also providing legal support.

The John Aubuchon Press Freedom Award is named for a former National Press Club president who fervently advocated for press freedom. By selecting Mississippi Today as the domestic honoree, the Club and the Institute are committing to monitor and support this precedent-setting case for the First Amendment protection of reporters’ privilege. 

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The National Press Club will confer the 2024 Aubuchon awards, along with the Neil and Susan Sheehan Award for Investigative Journalism during its annual Fourth Estate Award Gala honoring Axios’ Jim VandeHei and Mike Allen on Nov. 21 in Washington, D.C.   

The gala dinner is a fundraiser for the Club’s nonprofit affiliate, the National Press Club Journalism Institute, which produces to equip journalists with skills and standards to inform the public in ways that inspire civic engagement. Tickets and more information for the event can be found here.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1961

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mississippitoday.org – Jerry Mitchell – 2024-09-25 07:00:00

Sept. 25, 1961

Herbert Lee and his wife, Prince Melson Lee, are pictured in this . A Mississippi historical marker now honors Lee. Credit: Used by permission. Zinn Education

Herbert Lee became the first local person killed because of his fight for rights with the Student Nonviolent Coordinating Committee. 

Before SNCC’s work began, only one Black Mississippian had been registered to vote in Amite County. Lee stood up to change that, working with SNCC leader Bob Moses to register Black voters. 

Days later, the dairy farmer and father of nine pulled up to a cotton gin with a truckload of cotton, and his neighbor and childhood friend, E. H. Hurst, a member of the white Citizens’ Council and a representative in the Mississippi , approached Lee with a gun in his hand. 

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“I won’t to you unless you put that gun down,” Lee was quoted as saying before Hurst charged forward and shot him. 

Hurst’s father-in- happened to be Billy Ray Caston, a cousin of the local sheriff who had attacked Moses days earlier with the blunt end of a knife after Moses had taken two more Black Americans to the courthouse to register to vote. 

Hurst fatally shot Lee, that he was acting in self-defense after Lee brandished a tire iron. Hurst’s story sounded more than a little improbable — he claimed he hit Lee in the head with a .38-caliber pistol and that the gun accidentally discharged, killing Lee. 

Although there were Black witnesses to the shooting, the sheriff intimidated them into supporting Hurst’s story, and the local coroner’s jury refused to indict him. 

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At Lee’s funeral, his wife came up to Moses and said, “You killed my husband!” Moses had no reply and said later, “It is one thing to get beaten, quite another to be responsible, even indirectly, for a .” 

Lee’s death was honored by Bertha Gober in the song, “We’ll Never Turn Back,” which became the SNCC anthem in Mississippi. He is among the 40 martyrs listed on the National Memorial.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

‘System of privilege’: How well-connected students get Mississippi State’s best dorms

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mississippitoday.org – Molly Minta – 2024-09-25 04:00:00

Mississippi State ‘s housing department has a confidential practice of helping certain well-connected students secure spots in its newest and most expensive dorms, while the premium price tag pushes many less privileged students into the campus’s older, cheaper halls.

It starts when donors, public officials, legacy alumni or other friends of the institution make a request for what the university calls “housing assignment assistance.” 

Then, the Department of Housing and Residence Life works to place these students in the dorms they desire.

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The practice is not an official university policy, and it’s not advertised on Mississippi State’s website. But inside the housing department, it is institutionalized. Many full-time staff refer to the by the phrase “five star,” a reference to the euphemistic code — 5* — the department used to assign well-connected students in its housing database, documents show.

In recent years, the department changed the process to make it more internal. 5* has remained a virtual secret on campus — until now. 

That’s partly because the department’s leadership has worked to keep the process under wraps, even going so far as to explicitly tell staff not to share information about 5* outside of the department, according to emails Mississippi obtained through a public records request.

“Family business reminder – We/you don’t air to others,” Dei Allard, the department’s executive director, wrote in an email four years ago to high-up staff in the department. “Basically, only a handful of those within our organization should be privileged to have this information… i.e. keep your mouth shut.” 

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In response, one staff member noted that processes like this likely exist at universities across the country, while another raised concerns that 5* results in students receiving preferential treatment, such as a better room assignment or a new room if they aren’t satisfied with their initial draw, because of who they know. 

“The name itself is an issue in my opinion,” wrote Jessica Brown, the department’s assignments coordinator at the time. “I think this has created a very unfair system and a system of privilege. I think that it in a way causes other students to be unknowingly discriminated against such as based on their economic social status.”

The university did not grant an interview to Mississippi Today about the 5* practice. Allard declined to more information beyond the university’s official response.

Through written statements, a spokesperson denied the process results in better treatment of well-connected students, referring to 5* as a form of assistance the department works to provide to all types of students.

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“There is a long-standing broad administrative practice of providing assignment assistance to those students who request it when that’s possible by price point and housing availability to do so,” Sid Salter, the university’s vice president for strategic communications, wrote in response to Mississippi Today’s questions and findings. 

Nevertheless, Salter did not deny the housing department uses the term 5* to refer to the practice and the students who benefit from it. He acknowledged the housing department sets aside about 120 beds for 5* students each year and confirmed which dorms they typically request — Magnolia, Moseley, Oak, Dogwood and Deavenport halls. And, Salter was able to estimate that the department has helped roughly 100 5* students each year, who are mostly white and wealthier. 

“Not exclusively correct, but generally so,” Salter wrote. “We certainly have received housing assignment requests from non-white students.”

Dogwood Hall, part of Mississippi State University’s housing facilities, is seen on campus in Starkville, Miss., on Friday, Sept. 6, 2024. Credit: Eric Shelton/Mississippi Today

The university does not know when the 5* designation started, Salter wrote, only that it predates the beginning of Mark Keenum’s presidency in 2009 and began as a response to requests “from legacy (multi-generational) alumni, university donors, university partners, institutional friends, public officials and others who asked for help.” 

Though emails obtained by Mississippi Today do not reflect that staff who were familiar with the process thought 5* students received the label based on academics, Salter wrote the practice has also been used to recruit “academic stars” who tie their enrollment to housing preferences such as location, cost, amenities and affinity groups. 

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“Why would any university not be responsive to such requests if possible?” Salter wrote. 

A different housing assignment process exists for student athletes or those with certain scholarships like the Luckyday Scholars Program for students who are community .

At one point, the process of helping 5* students land in their preferred dorm appeared to include a system for labeling these students in the university’s housing database. The department had what appears to be instructions for how to assign the status to the housing application profiles “for each 5 star and roommate of a 5 star,” according to an unlabeled document obtained by Mississippi Today. 

That document is no longer used, and the department does not know when it was created. Salter wrote that housing no longer uses the 5* label in its database and does not keep a separate list of 5* students.

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An untitled and undated document obtained by Mississippi Today through a public records request appears to be instructions for how to add the 5* designation to a student’s housing application.

Mississippi State believes the practice is widespread at similar universities across the state and country, Salter wrote, adding the university “is curious why we are being singled out among Mississippi institutions when significant housing issues are in the headlines at other state schools.” 

Unfairness exists in the dorms at universities across the country, experts say. That could look like a wealthy parent who knows how to pull strings for their students or a dorm that is priced too high for lower-income students. 

“It’s not just a Mississippi thing,” said Elizabeth Armstrong, a University of Michigan sociology professor whose 2015 book, “Paying for the Party”, examined the different experiences students have in college, including in the dorms, based on their socioeconomic class. 

Still, Armstrong said she had never heard of a process as blatant as Mississippi State’s, which she described as tipping the scale in favor of privileged students who are already more likely to be able to in the priciest dorms because their families can afford to foot the bill. 

“The sense they are trying to keep it a secret suggests they know this is something they shouldn’t be doing,” she said. 

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Emails show housing department staff believed the 5* practice meant preferential treatment

No issues with the 5* process have been raised to the administration, Salter wrote. 

But emails obtained by Mississippi Today show housing department staff who were involved in the process had concerns or at least knew the practice troubled their employees.

In June 2020, Allard, who had been the executive director since 2017, asked her staff to describe the 5* process in the same email where she cautioned them against sharing information about it outside the department.

The request came at a salient time: Colleges across the country were issuing statements in support of diversity, equity and inclusion amid the George Floyd protests. Days earlier, thousands had gathered in Jackson in one of the state’s largest protests against racial inequities since the movement.

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The responses, which are reprinted here without correction, show what staff on the ground understood the 5* status to mean: Better room assignments and help for VIP students with room changes and other housing issues. 

“I’m not quite sure what the true definition is but from my understand it is students that we adjust based on the wants or needs of the President’s Office,” wrote Brown, who is no longer with the university. 

But the 5* students themselves were starting to push the practice beyond its original intent to things like room changes, Brown continued.

“I think they know that they have this privilege,” she wrote, “and this is why the process is starting to go further than just a better room assignment.” 

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Brown noted it was not up to staff to change the practice. 

“Honestly I am not sure how this issue can be fixed,” Brown wrote. “I think that this issue has to be fixed starting from a higher executive level (outside of housing), but I am not sure if they are willing to do that.” 

Danté Hill, the then-associate director of occupancy management and residential education, had a different perspective.  

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“I’m sure all campuses have some type of VIP resident,” wrote Hill, who is now the department’s facilities and maintenance director. “It is just the nature to the political structure that is in place. I have not verified this with many campuses however.” 

Hill wrote that he did not feel that 5*s received special treatment, but his staff felt their decisions were overturned in instances involving those students. With access to the university’s housing database, they could see which students had the 5* status. 

“They do not see these students as a representative population,” he wrote. “They see these overall as privileged students not usually of color. I think this group is more honed in on inclusion and SJ (social justice) and wants to see fair treatment across the board and they see this process as the ability to allow a student whose family has some kind of connection to move in front of students who may have done everything the right way.” 

Hill thought it would help if the department stopped using the label. 

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“I believe we may need to the classification and make this process more internal and not label these students as anything in particular,” he wrote. “I don’t know how we do this other than keeping emails on file when we place someone.” 

University will continue 5* practice

Mississippi State’s new construction dorms are already more likely to house wealthier and well-connected students in part because they can cost nearly $4,000 more than the campus’ traditional dorms, the seven residence halls built before 2005.

The 5* practice contributes to the inequity, Armstrong said. 

“It’s kind of like putting an extra thumb on the scale when the thumb is already way on the scale,” she said. 

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It also means the traditional dorms are more likely to house lower-income students. Mollie Brothers, a resident advisor during the 2020-21 school year, observed this when she oversaw Critz Hall, one of the university’s traditional-style dorms that was built in the 1950s and renovated in 2001. 

Critz Hall, a residential dormitory, stands on the Mississippi State University campus in Starkville, Miss., on Friday, Sept. 6, 2024. Credit: Eric Shelton/Mississippi Today

More than half of the women on her floor were Black, she recalled, while her friends who worked in the new construction dorms oversaw floors that were almost entirely white. 

“In the other dorms that weren’t as nice, it was definitely more diverse,” Brothers said.

Salter said the university does not have metrics to support this claim. 

The university knows it has a shortage of new construction housing and is working to provide more options with the construction of Azalea Hall, a new dorm the university plans to open ahead of fall 2025 that will feature single rooms and restaurants, according to a press release

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But if history is an indication, when freshman start applying for a room in Azalea Hall, it follows that 5*s would have an advantage, which the university did not deny.

“In this particular facility, Lucky Day Scholars will have primary preference, but we believe Azalea will be an extremely popular housing option,” Salter wrote. 

After Allard’s email, the university made changes to its 5* practice — it stopped notifying RAs which students on their floor were receiving housing assistance, therefore reducing the number of people who know about the status. Around the same time, the university also stopped applying the 5* status to student profiles in its housing database, Salter wrote.

But Mississippi State said it would continue the practice. 

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Salter provided a statement from Regina Hyatt, the vice president for student affairs, who said the department’s housing policies are compliant with best practices and state and federal law. 

“MSU works hard to assist all students who ask for help in the process, including students at every point on the socioeconomic continuum,” Hyatt said. “We will continue that practice as it (has) historically been part of our university’s traditions.”

Do you have insights into Mississippi State’s 5* process? Help us report.

Our investigation uncovered Mississippi State’s institutionalized practice of helping well-connected students land spots in the university’s newest and best dorms. But there’s more to : When did the 5* practice start, who started it, and why? Once 5* students are in the dorms, what kind of additional support does the Department of Housing and Residence Life provide? How are less-connected students affected by the 5* practice?

Help us continue our by filling out the form below. We are gathering this information for the purpose of reporting, and we appreciate any information you can share. We protect our sources and will contact you if we wish to publish any part of your story. 

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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