The Michigan Daily - Wednesday, January 25, 1995-7
'U' denies student
open code hearing
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A MESSAGE FROM CUPID:
Continued from page 1
view," Cahill said. "We would like to
have an open hearing. We've re-
Antieau said yesterday that she will
not open the hearing to the public.
"We do not have a violation called
'sexual harassment.' We have a viola-
tion called 'sexual assault' and a viola-
tion called 'harassment,"' she said.
Antieau noted that the code has an
offense labeled "sexual assault" and
an offense labeled "harassment." She
asserted if the clause "sexual assault
and harassment" had been referring
to only sexual assault and sexual ha-
rassment, the modifier "sexual" would
also need to precede "harassment."
Communication lecturer and attor-
ney Joan Lowenstein said the only rea-
son not to have an open hearing is to
protect someone who has been a victim.
"I think if you look at regular court
cases, courts are almost never allowed
to close cases to protect victims,"
Lowenstein said. "Why should the
University be less constitutional than
a court proceeding?
"I think the only ostensible reason
to close a code hearing is to protect
someone who's been a sexual assault
Lavie filed charges under the code
the day after a June 16 incident in
which Welch allegedly sprayed water
at his wife and children, kicked him
and scratched his wife.
Welch maintains she kicked Lavie
in self defense and that she never
sprayed Lavie. She also attempted to
file charges against Lavie under the
code, but could not since he is not
technically a student.
In July, Welch was charged with
assault and battery for the incident in
Washtenaw County District Court.
"There were no findings made by
the court one way or another. The
matter was taken under advisement
and the case was dismissed," said
Douglas Lewis, director of Student
Legal Services who represented
Welch in the court proceedings.
"This is exactly what students had
been afraid of. You have double jeop-
ardy over a minor charge,"
The alleged harassment took place
over a period beginning in fall 1993,
when the Lavies, who are smokers,
moved into an apartment next to
Welch and her daughter. Welch claims
the cigarette smoke from the Lavie's
apartment penetrated the walls.
According to Lavie's complaint
under the code, Welch gave the Lavies
notes to advise them to stop smoking,
which Lavie refers to as "continual
harassment" in his complaint.
The code also allows the judicial
adviser, in consultation with the gen-
eral counsel's office, to open the hear-
ing at the request of the accused if it is
determined that no substantial harm
will result to the complainant as a
result of an open hearing.
"The hearing is still supposed to
be open unless there's going to be
some sort of harm to the complainant
by having it open," Schwartz said. "If
there's going to be no substantial harm
to the complainant, it should e open
if the accused wants it open."
In the letter to Welch, Antieau
also said Lavie would not consent to
an open hearing. "If the complainant
doesn't consent, that could end it also,"
Lowenstein disputed Antieau's in-
terpretation of complainant consent.
"If it's a non-student who has al-
leged a non-sexual infraction then it
has to be open. That's the way I read
it," Lowenstein said.
Schwartz said he and other stu-
dents who worked on drafting the
code were afraid the administration
would alter the interpretation.
"(The administration) can make
up whatever historical intent they want
and it's scary when you think that
they're able to do it," Schwartz said.
"We were concerned at that time that
no matter what language we put in
would be misinterpreted by the Uni-
versity after we left.
"If you have closed hearings, the
University will be able to railroad
students. It's the basic reason there
are open trials in real courts."
Vince Keenan, chair of the Michi-
gan Student Assembly Student Rights
Commission, said the hearing should
"I think hiding behind the harass-
ment clause is really unfortunate,"
Keenan said. "We could really see
how this process worked if we were
able to observe it."
It is that time of the year again to say
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