OP/ED 5A- The Michigan Daily - Monday, March 5, 2001 V EDITORIAL ANALYSIS Last month, University President Lee Bollinger approved numerous changes to the Code of Student Conduct - the set of policies that governs ude.t discipine on and off campus. Although the document ha een rem e Statement of Student Rig ReSpoilts the new tite masks the oppressive nate of these po iS. Everyone ist be aware of these secretive ry eedins s-we, the tud...of the University, can ffecte fgi abosh .se IN HIS OWN WORDS:s How UNIVERSITY PRESIDENT LEE BOLLINGER RATIONALIZES HIS CODE REVISION DECISIONS "There is nothing unfair about using hearsay, evidence in the arbitration process." It ought to be self-evident that the use of unsubstantiated gossip and rumor in the arbitration process is extremely unfair and would not stand up if Code policies had to follow legal standards. Hearsay evidence can be embellished, false or miscon- strued; making arbitration decisions with it can lead to skewed and harsh discipli- nary actions. "Beyond a reasonable doubt is a standard exclusively reserved for criminal court proceedings, and has no place in the educational process" During arbitration training, Office of Student Conflict Resolution officials tell reso- lution officers and student panelists that decisions need to be "clear and convinc- ing," which equates to 50 percent sure. Given that arbitration decisions can result in punishments that include expulsion from the University - a decision that can affect a student for the rest of his or her life - Code proceedings must be held to a higher "beyond a reasonable doubt" standard. Apparently, Bollinger disagrees with this accepted legal standard. "Allowing advocates significantly reduces the educational mission (of the Code)..." Under a discipline policy that has the ability to expel students, those accused under the Code must have access to experienced legal counsel during the process who can speak on their behalf. Sacrificing a somewhat fair arbitration for the preservation of the "educational mission" of the Code is, franikly, extremely stupid. Would having a lawyer speak on behalf the accused during arbitration ruin the "educational" benefits of the discipline policy? In a letter to the editor ("Daily mislead readers about Code," 1/29/01), OSCR Director Keith Elkin wrote that "students are permitted to consult with an attorney at any point during the conflict resolution process, including the dis- ciplinary hearing." What Elkins failed to mention was that legal counsel are not per- mitted to speak to the arbitration board or make vocal arguments during a hearing. "(Punishing students for falsely reporting violations of the Code) may have the effect of discouraging students from filing complaints ..." UNCOVERED: THE PEOPLE BEHIND CODE ARBITRATION PROCEEDINGS Through a Freedom of Information Act request, The Michigan Daily has obtained a list of students, faculty and staff members involved in Code arbitration proceedings. The once-secret list details those who have or will soon complete arbitration training. Besides the Office of Student Conflict Reso- lution staff, the University affili- ation of the Resolution officers and Appeals Board members listed below was obtained from University directory listings and Daily research. Office of Student Conflict Resolution staff Keith Elkin DIRECTOR Mary Gibbons ADMINISTRATIVE ASSISTANT Gwyn Hulswit INTAKE AND INVESTIGATION COORDINATOR Brian Jones HOUSING LIAISON Brianna Williams SYSTEMS ANALYST Resolution officers Elizabeth Allen ASSOC. PROFESSOR, NURSING Kathleen Atkins MEDICAL ADMINISTRATION STAFF ASSISTANT David Baum ASST. DEAN OF STUDENTS, LAW SCHOOL Alex Bielajew PROFESSOR, NUCLEAR ENGINEERING AND RADIOLOGICAL SCIENCES Tom Braun ASSISTANT RESEARCH SCIENTIST, DEPT. OF BIOSTATISTICS Susan Doyle LSA OFFICE OF STUDENT ACADEMIC AFFAIRS Frederic Eckhauser PROFESSOR, SURGERY DEPARTMENT Andrew Flint PROFESSOR, PATHOLOGY DEPARTMENT Gordon Flynn PROFESSOR, COLLEGE OF PHARMACY Pam Fowler DIRECTOR, OFFICE OF FINANCIAL AID Ron Gibala PROFESSOR, MATERIALS SCIENCE AND ENGINEERING Linda Gillum ASSISTANT PROVOST FOR ACADEMIC AFFAIRS Tom Lehker ASST. DIRECTOR, OFFICE OF CAREER, PLANNING AND PLACEMENT Henry Meares ASSISTANT DEAN, SCHOOL OF EDUCATION Mark Nelson* Cathy Jenkins Newton SCHOOL OF NURSING STUDENT SERVICES Michelle O'Grady LECTURER, SCHOOL OF NURSING Evonne Plantinga COORDINATOR OF ACADEMIC PROGRAMS, SCHOOL OF BUSINESS ADMINISTRATION Alicia Price OFFICE OF MULTIETHNIC STUDENT AFFAIRS Yehoash Raphael ASSOC. PROFESSOR, OTORHINOLARYNGOLOGY Satwant Samra PROFESSOR, ANESTHESIOLOGY DEPARTMENT Susan TePaske-King LSA OFFICE OF STUDENT ACADEMIC AFFAIRS Kalindi Trietley MEDICAL SCHOOL STAFF COUNSELOR Albert Wat OFFICE OF FINANCIAL AID Wendy Woods ACADEMIC STANDARDS BOARD MEMBER Jun Zhang* Appeals Board members Claudia Cotca STUDENT, PUBLIC HEALTH, DENTISTRY Glenda Haskell ASSISTANT TO THE RACKHAM SCHOOL DEAN Marita Inglehart ASSOC. RROFESSOR, PERIODONTICS/ PREVENTION AND GERIATICS, ADJUNCT ASSOC. PROFESSOR OF PSYCHOLOGY, FORMER DIRECTOR OF THE 21STr CENTURY PROGRAM Ross Kirschner STUDENT, LSA SENIOR FORMER MICHIGAN STUDENT ASSEMBLY REP. Susan Pritzel ASST. PROFESSOR, PERIODONTICS/ PREVENTION AND GERIATICS, DENTAL HYGIENE Ted Spencer DIRECTOR, OFFICE OF UNDERGRADUATE ADMISSIONS Student panelists Fatina Abdrabboh Grace Ahn Magda Bogusz Theresa Braunscheinder Dana Brody Jacqueline Brown Jeffrey Buchanan Liza Cadnapaphonrchai Shannon Carey * Todd Carmody Maren Christiansen Laura Citrin James Driscoll Matthew Engelberg Alison Freeman Onur Gura Chris Haizman Ahmed Hamid Stephen Heinz Jennifer Karlin Sarah Lee John Lenzen Kelsey Libner Maria Lijoi With no disincentive for complainants to file false reports, the Code arbitration process can easily be used by spiteful parties against students they might have a personal conflict with. This, combined with such a low standard of evidence (see above) for the determination of a student's guilt, makes the Code an ideal revenge mechanism. It was nothing short of irresponsible for Bollinger to not support a proposal that would have sanctioned those who make false reports. "The outcome of a civil or criminal matter should not be determinative of whether a complainant can pursue a matter under the Code." Obviously Bollinger, who used to be the Dean of the University's Law school, does not have as much faith in the American legal system as he purports to have. Otherwise, he would have adopted an amendment to the Code that would have prohibited a student for being prosecuted for alleged actions he or she had already been acquitted of in a criminal or civil court. Instead, the University continues to operate its own legal system under the specious claim that its aim m I