The Michigan Daily - Monday, March 8, 1993 - Page 3 Speakers tell how statement will affect students STATEMENT Continued from page 1 The training manual states: "The hearing panel members must believe that is highly probable that the facts are true or exist." "You can still have a doubt in your mind, but it still has to be more than it's more likely he did it than he didn't do it," Cole said. The University proceedings must comply with the 14th Amendment regulating due process, Cole said. The statement says the accused has the right to be informed of the charges, to decline making self-in- criminating statements or participat- ing in a hearing, to present informa- tion on his or her behalf, to have the burden of proof rest upon the ac- cuser, to hear all information presented and to call relevant witnesses. "You're supposed to be basing your decision on the evidence given in the hearing. People are allowed to hear what other people testify, but this may not be face-to-face," Cole said. The Supreme Court of the United States has accepted that a student en- rolled in a university has a "property right" to an education, Cole said. "Before we can take that property from a student, we have to provide some sort of minimal due process," Cole said. The statement does not define allowable evidence, said Sharphorn. "Hearsay is in fact admissible in these sorts of experiences," he said. (Hearsay) isn't as useful or valuable in criminal hearings. There is a right to ask questions and they should be answering questions. We will allow some qualifications in this situation if the person asking the questions is abusing the witness," Sharphorn said. Cole expanded, "We're not going to be as strict on this as a court of law would, saying you have to have first-hand knowledge." A student panelist asked, "What provisions do you have against someone using hearsay just to get back at someone?" Cole responded, "The hearing panel can decide what they want to hear." Dean of Students Richard Carter asked, "What about past situations that might have some relation to what is happening?" Cole responded, "It would be up to you as a panel to decide if it is relevant. Like Joe' pulled a fire alarm this time if he did it three other times this month." Students' police or DPS records cannot be revealed during the hear- ing or deliberation. If the accused is found responsible, this information is given to the panel when determining sanctions. The University hearings may run concurrently with criminal or civil cases. "This is not double jeopardy. It has a purpose to seek justice to the University and not one to the community," Cole said. Sharphorn said, "If someone is found 'not guilty' in another court system, that is opportunity to open an appeal." Confidentiality of Cases Virginia Nordby, associate vice president and freedom of informa- tion officer, stressed the importance of confidentiality for all cases. Students have additional rights of privacy under the Family Education Rights and Privacy Law, she said. "If anyone has a name and ap- proaches you or has a set of facts without a name, in either case, you can not confirm that you know any- thing at all about it," Nordby said. "It's 'no comment' and people can be referred to Mary Lou or General Counsel's office or Walter Harrison, who is our director of University relations. "If you violate that, you have violated the Statement of Student Rights and Responsibilities and if you are in a lawsuit, the University will not represent you." One student expressed concern about the legal responsibility of a panelist if part of the statement was found unlawful. "The University's policy pro- vides that if you are acting in a role that we asked you to act, the University will defend you and pay for any legal representation that is necessary for you and pay for any legal offenses that might be brought against you. We will pay for that as long as you acted in good faith and acted within the scope of your duties." Summaries of cases and out- comes will be mades amatter of public record, Nordby said. "What was in (last Friday's) Daily was like what will be in a summary when we're finished. Whether or not it is prudent to give notice of that in advance will be dis- cussed by Mary Lou and General Counsel(Elsa Cole)," she said. Nordby alsotwarned the potential panelists against bias. "It's very important that you don't let yourselves be influenced by editorials and letters to the editor in the media or by anyone else who wants to talk with you about it on your own," Nordby said. "Respect for human dignity means you will retain your objectiv- ity and responsibility and not jump to conclusions about people simply because of the way they are presenting themselves," she added. The statement permits an open hearing upon request by the accused. "The accused has to absolutely be willing and want to have an open hearing. Witnesses would be con- senting if they are willing to appear," Nordby said. "Students' rights of privacy caused us to initially want us to have all hearings closed meetings and we think most meetings will be closed." Deliberations Pam Motoike, clinical psycholo- gist, and Tom Morson, senior coun- selor, both of Student Counseling Students, helped students with con- sensus-building and the group pro- cess that will come into play in deciding if the accused is responsible. "A lot of your time in this pro- cess is going to be spent in conver- sation, dialogue and discussion. To come to a consensus, we have to un- derstand and want to be understood," Morson said. Motoike outlined impediments to consensus. Morson added, "We come to this process with our own history, back- ground and expectations and some- times we can confuse them from the truth." Motoike said, "Everyone has a responsibility to equalize power in this process." The students at the workshop got an opportunity to experience the group process when simulated hear- ings were conducted during the sec- ond half of the workshop (see related story). Sanctions The panel hands down sanctions - punishments - which differ from those in civil and criminal courts. Sanctions range from perma- nent suspension from the University to writing a paper about the incident. Hartford said some sanctions can be more effective than others, and that this should be kept in mind when determining punishments. "Counseling Services has prob- lems with us mandating that people go through extensive counseling or therapy," she said. "We would refer you to a class or workshop but not mandate counseling or therapy." Antieau added, "You can never mandate that someone says something they don't want to say." She gave the example that the panel cannot force the accused to apologize'to the complainant if the accused does not want to. The role of DPS DPS Lt. Vernon Baisden and Sgt. Benny Chenevert gave students an overview and history of the University's police force and its relation to crime on campus. "Our jurisdiction is any University-owned or -leased prop- erty and streets contiguous," Baisden said. He said some changes in campus law enforcement had to be imple- mented because of the Campus Security Act of 1990. "Everyone on this campus needs to know there are crimes happening on this campus. There have to be rules and guidelines for people to follow this. If not, we are cut off from federal spending," Baisden said. it a someone is founa "responsible" under the statement, the student judiciary will set the punishment in the form of a sanction. Through these sanctions, the Office of Student Affairs hopes to help students develop. The office is urging the hearing panels to make the sanction relate to "the problematic behavior that occurred." Here are some examples of sanctions: Attendance at various programs, including an alcohol awareness workshop, a performance of Residence Hall Repertory Theater or a faculty lecture or presentation. Service through the Office of Community Service Learning, the Volunteer Action Center or a school or college. A conference with a Judicial Advisor, the Department of Public Safety or a faculty member. Presentation of a program in a residence hall, sorority or fraternity. Write a paper on the concept of community, substance abuse, fraud, responsibility or dishonesty. Other possibilities include paying restitution for damages, developing a project raising campus awareness of an issue, separating the victim from the problem student and going on rounds with campus security. The office also urges the hearing boards to setta deadline and specify what will happen if the sanction is not completed. Source: Office of Student Affairs H-e acknowledged that file complaints against under the statement. DPS can students Antieau said DPS may have to report crimes that don't involve two students to her office, but said, "My preference always is if it is between two people on this campus, it is up to the person involved to bring it forward." Cd 0p.k The Statement of Student Rights and Responsibilities has its own politically correct language. Mary Lou Antieau, who is in charge of the statement as the judicial advisor, said Saturday the terminology of the statement and the hearing are different than common legal terms. For example: It's not called: The Code of Student Conduct a Trial a Jury a Sentence You're not: a Defendant a Plaintiff an Attorney a Judge Guilty or Not Guilty The proper term is: The Statement of Student Rights and Responsibilities a Hearing a Hearing Panel a Sanction. You are: the Accused the Complainant an Advisor a Faculty chair Responsible or Not Responsible STUDENTS Continued from page 1 The participants broke into four groups to si- multaneously enact hearings of the same case. The panels differed in their decisions. One group began by the faculty panelist dis- missing family members of the accuser and ac- cused under the assumption of a closed hearing. The panelists introduced themselves and the fac- ulty member read a purpose statement of the hear- ing statement. The faculty panelist read Mary's accusation of stalking. J.J., played by Department of Public Safety Sgt. Benny Chenevert, pleaded "not re- sponsible." A University hearing under the statement de- termines if the accused is "responsible" or "not responsible." Mary presented her version of the event first and J.J. followed. The panel then asked questions to Mary and J.J. Mary submitted the letters, notes and dead rose. Mary's roommate Leslie, played by campus ACLU President David Schwartz, testified as to what she had heard from Mary and J.J. and his ac- tions lately. The panel then questioned the three and dis- missed Leslie. Mary and J.J. each made closing statements. The six student jurors cane to different con- clusions while deliberating the case. The wording of the statement was hard to in- terpret, said the student jurors, but one panelist said that was inevitable. One questioned whether the student jurors should hand down a sanction based on the dating behavior of the accused. Another student said, "He already has an order barring him from buildings on campus. He is a good student." One panelist said she felt a responsibility to other women in the community who may fall vic- tim to the alleged stalker. Antieau told the panel to find the accused guilty because of time constraints. She noted that this would not happen in a normal hearing. The group then faced the challenge of deter- mining a punishment known as a sanction. One member asked, "Can we find him not guilty of the code but say he used inappropriate behavior?" The group proposed asking Mary to determine a sanction, but Antieau warned against bargaining the sanctions with the complainant. The group discussed how a real case would work, how they could have improved their ques- tioning and what they should work on during the hearing. Returning to reality, three formal complaints have been filed with the Office of Student Affairs. Antieau said those hearings will begin now that the workshop is over. Antieau reassured the student jurors and fac- ulty members that the end of training did not mean the end of their contact with the Office of Student Affairs. "There will be support offered to the individ- uals," Antieau said. The panelists serve through Fall term and the faculty members serve two-year terms. Many of the changes are because the first term is not compatible with the term on the right. For example, the hearing is to discover facts and is not comparable to a court of law, and the faculty chair has no vote in the decision. Source: Office of Student Affairs 1 C FAMILY Continued from page 1 financing health insurance and custody. A panel discussion debated the merits and pitfalls of transracial 0 adoption. Leona Neale, from American Black Social Workers, said transracial adoption has become the norm because whites have more money and Blacks are not actively recruited to adopt. "Black children are not a com- modity to be bought and sold," Neale said. But David Watts, also from the American Black Social Workers - who was adopted by white parents - argued, "Transracial adoption is not a threat to Black culture. This suggestion is absurd." Richards said transracial adoption is better than foster care, but quali- fied, "I'd rather see a child adopted by parents with the same cultural background." Debate was not restricted to the interests of children, as the issues of parents and marriage were also contested. University Law Prof. A. W. B. Simpson described the history of marriage from English common law. "There never was a time when the subject of marriage was non-confrontational," Simpson said. David Chambers, a University Law professor, said marriage's only use is defined in its termination. In a moving aside, Chambers urged everyone to realize that many people in attendance were gay. He said it is hard to conceptualize that a homosexual's idea of marriage is not legally recognized. Don't just fall into any job..... bea ehelp acclimate new students emeet exciting and diverse people egain practical experience for your career *come back to school early!! mass meetings Tuesday March 9, 3-5pm Michigan Union. Kuenzel Room Wednesday March 10, 4-6pm Michigan Union. Kuenzel Room applicants must attend one of these mass meetings Studentgroups U Arab-American Students' Asso- ciation, bylaws ratification meet- ing, Michigan Union, Welker Room, 8:30 p.m. U Environmental Action Coalition, meeting, School of Natural Re- sources, Room 1040,7 p.m. U Indian American Students As- sociation, weekly board meet- ing, Michigan League, Room A, 7 p.m. U Michigan Student Assembly, temporary meetings to discuss Diagpolicy, Michigan Union, 3rd Floor, 7 p.m. U Rainforest Action Movement, meeting, Dana Building, Room 1046,7 p.m. U Shorin-Rvu Karate-Do Club. out, CCRB, Room 2275,7-8:30 Q Vision and Form III, exhibit, p.m. North Campus Commons Q U-M Ninjitsu Club, practice, I.M. Atrium. Building Wrestlinv Room G21_ 7:30-9 p.m. Events Q Dialogue Series Between and Among People with Disabili- ties & People without Disabili- ties, Chemistry Building, Room 1706,7-9 p.m. Q Eight Annual Student Awards Exhibition,SchoolofArt, Slusser Gallery, 11 a.m.-5 p.m. Q Jazz Composers' Forum,School of Music, Recital Hall, 8 p.m. Q Nicotine Patch Users: Smoke Stoners Assists in Kicking the Student services Q The Adoptee Gathering, drop in to discuss specific issuesthatcon- cern adult adoptees, 117N. Divi- sion St., 6:30-8:30 p.m. Q ECB Student Writing Center, Angell Hall, Computing Center, 7-11 p.m. Q Northwalk Nighttime Safety Walking Service, Bursley Hall, 763-9255,8 p.m.-1:30 a.m. Q Peer Counseling, U-M Counsel- ing Services, 7 p.m.-8 a.m., call 764-8433 U Psychology Undergraduate Peer Advisq, sponsored by Depart- qualifications -enrollment in Winter and Fall Terms 1993 "good academic standing }v A emnlo vment ,,. $ . a 4 ' :} I