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September 05, 1985 - Image 23

Resource type:
Text
Publication:
The Michigan Daily, 1985-09-05

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New code 'draft advocates
protection, ntpunishmnt
(continued from Page 1) see a decentralized approach to a set
of regulations. Under that plan,
found guilty by a University hearing separate units, such as the housing of-
officer. fice or the athletic department, would
WHETHER THE procedures will be allowed to set up their own
gain the acceptance of even the guidelines, within limits, for students.
University Council, much less the BUT THERE does not appear to be
administration and the rest of the agreement on the council about how
University community, is unclear. much leeway the sub-units should
But as law student and council mem- have. "I think this will be a major bat-
ber Eric Schnaufer said, the new tIe," Schnaufer said.
proposal is "not a fine-tuned Council Chairman Lee Winkelman
do6ument." It is subject to revision, an LSA senior, adamantly opposes a
Schnaufer, a vocal opponent of past comprehensive code. The past ver-
codes, and one of the founders of the _sions of the code "represent an ad-
"NO CODE" movement, said the ministration attempt to exercise more
council has succeeded in turning the control over students' lives," he said.
discussion away from punishing the But Tom Easthope, associate vice
offender; now, he said, the council is president for student services, said
working to simply protect the Univer- administrators do not want to control
sity. students' behavior; they simply want
"No longer is the question whether to control dangerous students.
you're guilty or innocent of a certain "I HAVE a great deal of respect for
offense, but does someone present a the intelligence and sincerity of Lee
threat to a member of the University Winkelman and Eric Schnaufer," he
community?" said, but he added he thinks they are
SCHNAUFER SAID the council is "a bit paranoid" when it comes to the
taking a different approach toward relationship between the ad-
developing a code than ad- ministration and students.
ministrators have done in the past, by Nevertheless, serious differences of
looking at creative ways to curb opinion remain about how to approach
violence and other problems at the a "code," and it is unclear how long
University. "The council wants to President Shapiro is willing to wait
take a wholistic approach to any before he asks the regents to approve
proven problem," he said, a set of rules.
This involves becoming involved in SEVERAL REGENTS said they
areas to pre-empt serious confron- have not followed the progress of the
tations. For example, the council has University Council very closely, but
discussed working closely with the some said they expect to see some
newly-approved rape crisis center, type of rules by as early as the fall,
using mediation and counseling to although they stressed that they
resolve conflicts, and educating weren't sure exactly what is going on.
students about what is unacceptable Regent Deane Baker (R-Ann Ar-
behavior. bor) said the code issue "seems to be
Some members of the council have at a quiet point right now."
argued that education programs "I'm really not quite sure where the
would have a limited impact, and the ball is right now. I think it's in the
University should have some formal council's court," he said.
way of "prosecuting" minor offenses, Regent Sarah Power (D-Ann Ar-
such as vandalism. Under the present bor) also said she isn't current on the
system, the University has the option code issue, but she said the regents
of either taking an offender to court or would not take action on it until
drdpping the case altogether. Shapiro brings it before them. And un-
BUT MANY students argue that til the document satisfies students,
any University system that deals with faculty, and the administration, it
such offenses - even with open won't go to the regents, she said.
hearings and due process - is subject
to abuse.
Past versions of the code have in-
eluded sanctions for minor property
offenses, using someone else's library
*card, and "intentionally or recklessly . A A R-
interfering with normal University or
University-sponsored activities." Op-
ponents of past code proposals say the
last example would have given ad- G g
ministrators leeway to expel or
suspend activists who protest military
research by holding sit-ins at
professors' laboratories.
The council plaris to develop "meta-E tbI
rules," or rules about rules, to over- i r

-Emergency procedures

The following procedures are designed with only
one purpose in mind: to protect the University
community from violence. To that end we have
proposed restrictions which are the minimum
necessary to ensure safety. Discipline or punish-
ment of members of the University community is
not an independent goal of these procedures.
The event is discovered, ob-
served or experienced
Emergency Action
if an event is violent or contains the threat of
violence, a call is made immediately to campus
security or the police. As soon as possible a report
of the event should also be made to the central
coordinator. Failure to make the subsequent
report may be an indication that the event is in fact
not serious or is one of only isolated consequences.
An exception to the required reporting to the cen-
tral coordinator exists where the behavior, even
though violent or containing the threat of violence,
is reasonably likely to harm only the actor. Then a
report to the central coordinator may be replaced
by other action pursuant to guideline issued by the
PEACE committee.
Definitions of violence and threat of violence:
Violence - a physical touching or use of an in-
strument reasonably likely to cause serious bodily
harm.
Threat of violence - behavior that creates a
reasonable perception that a physical touching or
use of an instrument is reasonably likely to cause
serious bodily harm is imminent.
Question: should the requirement to report
violent behavior or behavior which contains the
threat of violence to the authorities be imposed

upon faculty, staff and/or students, or merely en-
couraged through appropriate statements and
educational efforts? If imposed, would there be
sanctions for non-reporting? We would also need to
establish procedures whereby security would
routinely notify the central coordinator of violent
behavior or behavior containing the threat of
violence and whereby the policy would be en-
couraged to notify security or the central coor-
dinator of such behavior.
Report to Central CoordinatorM
The central coordinator will notify the coor-
dinator accused of all rights and procedures, etc.
through a previously prepared packet
upon receipt of the initial report. The central coor-
dinator will also notify the University Council of
the report and subsequent action, arrange for a
prosecutor and a hearing officer, and contact the
academic as necessary for a special report for the
development of emergency restrictions or for the
hearing itself. In addition, the central coordinator
will monitor any related criminal or civil
proceedings.
The central coordinator will also make two
assessments and formulate any necessary
emergency restrictions as described below.
i. Assessment of the nature of the reported in-
cident and/or the University's relationship to the
actor:
This will include an identification of the actor.
The identification of the victim(s) and any poten-
tial witnesses will also take place.
Details of the event will be investigated to
determine the existence of violence or threat of
violence and the cause of such violence. When
possible, the actor (accused) will be interviewed

(followi
sequenc
accused
the qua
2. As
violenc
Matt
of theei
of thej
emotion
ireatme
cused.
3. F
necessi
commu
(Questi
disrupt
Thes
restricti
certain1
ce, andc
Thes
until a
hearing
extensi
cause.
modific
ding the
The
Thep
what, if
minimm
of the
sequen
ts to pr
an acab
The r
provide
restrict
ticipati
Thef

The Michigan Doily -Thursday, September 5, 1985 -Page All
discussion draf F-'
ng sufficient notice regarding possible con- items for consideration regarding hearing*
ces of the investigation and the rights of the procedures:
d.) other witnesses will be interviewed and " written notice of the specific charges, a*
lity of their statements evaluated. description of the evidence upon which it is based:
and statement of procedures to be followed; M
sessment of the likelihood of repeated " two weeks preparation time;
e: " opportunity to present and challenge evidence
ers to be considered will include the nature (formal rules of evidence would not apply but they
went, the parties involved, the whereabouts hearing officer would be familiar with the goals of"
actor (accused, any assessment t such formal rules and the decision would be on'
nal or mental health of the accused, and evidenceadducedatthehearing);
gent or supervision being afforded the ac- " Question: Should all aspects of the hearings bey
public unless closed at the request of the accused:
ormation -of the minimal restrictions or a minor witness?
yto ensure the safety of the Univrity a tape recording of the hearing would bey
a y t omnsu reh afts of f thre Uv ri ty m a e
unity from threats of future violence. * the accused would have the right to be'
ion: Might we want to include serious represented by an attorney or other representative
e emergency restrictions might include and the University would, in appropriate cases,}
ions upon class attendance, presence in bear reasonable expenses;
buildings, curfew, residence hall occupan- " depositions, where necessary would be taken at4
contact with certain individuals. University expense; -
e emergency restrictions will be imposed " the impartial hearing judge would be selected:
hearing takes place. ordinarily such a from a panel prepared at the begn of each
will take place within two weeks unless an academic year by the University Council;
on is granted by the hearing officer for good " the hearing judges decision sha be in writing
(Question: Might there by any and explain its basis;
(Quo f heesto:Mghtcytherer bytnys an appeal or the record may be made to a sub-
ation of the emergency restrictions Punit of the University Council;
" the hearing judge shall be bound by factual
determinations made by a criminal court, and *
Hearing - the accused may call for a reevaluation of any
urpose of the hearing will be to determine restrictions no more than once each academic
any, danger of violence continues and what year unless a shorter period has been part of the'
um set of restrictions will ensure the safety hearing judge's order. In the event restrictions are.
University community. Additional con- removed after a substantial passage of time, and
ces of the offending behavior, such as repor- academic unit may find it necessary to redeter-
ofessional licensing bodies shall lie within mine the academic qualifications and standing of '
lemic unit's discretion. student. In such cases the unit shall be encouraged,
elevant academic unit will be requested to to consider the nature of the interruption of the
recommendations regarding any unusual educational process and to guard against ini
ions that might be appropriate (e.g. par- stituting in effect academic consequences for non,
on in a clinical program). academic misbehavior.
following statements provide the initial

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