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The Michigan Daily - Tuesday, October 24, 1995 - 13
Due Process under
two Codes
rh Now Code
low the Code of Student Conduct, which is scheduled to be taken up
t the November meeting of the Board of Regents, resolves a
omplaint.
Alleged Violation
A member of the University community must submit a complaint to
the resolution coordinator within six months of the alleged incident.
The coordinator may waive the six-month limitation when a late
submission is deemed reasonable.
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Investigation
The resolution coordinator
investigates the alleged
behavior.
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Emergency Suspension
If the student's actions pose
an immediate danger to any
member of the University
community, the vice president
for student affairs or a
designee may suspend the
accused pending a meeting
within two academic calendar
days. The accused would then
be able to make a statement
and present evidence.
Violent Incidents
The resolution coordinator
must concur in a decision to
use mediation. The nature of
the conflict may make it
difficult to mediate.
Notification
If the resolution coordinator
finds the alleged behavior may
have violated the Code, the
accused student will be
notified and a meeting will be
scheduled to explain the
complaint and the resolution
process.
CODE
Continued from Page 1
last May to gather student input and to
research non-academic codes at other
universities. The workgroup submitted
a final version of its recommendations
to Hartford on Oct. 12.
Sean McCabe-Plius, a workgroup
member, said that he and the five other
members reviewed more than 1,000
responses from the public.
"As a group we were working to filter
advice from the community, the regents
and (Hartford) in order to create a com-
prehensive code," McCabe-Plius said.
"We put a lot of effort into the process
and I believe we fulfilled our task."
Wainess, who helped revise the draft
ofthe Code, said the workgroup failed to
recognize the student's right to due pro-
cess -one issue that fueled an anti-code
rally last April. The Code draft now
includes a provision for due process.
"The workgroup wrote a document
without due process," Wainess said.
"(MSA Vice President Sam Goodstein)
and I felt very strongly that they had a
good template, but that they did not
have due process."
Wainess has locked horns with the
workgroup over more than just due pro-
cess. Initially, the workgroup recom-
mendedthat the student panelists presid-
ing over code hearings continue to be
randomly selected. After Wainess's re-
visions, however, the student govern-
ment of each school and college will
now appoint a number of students pro-
portional to the size of its body.
The panelists will be selected in the
same way commission chairs are now,
Wainess said. Representatives can
nominate any student in the school for
a vote by the school's government.
"It removes the power from the hands
of the registrar and puts the power back
in the hands of the democratically
elected students," Wainess said.
But McCabe-Plius said random selec-
tion ofthe panelists helps to ensure a more
diverse representation of the University.
"I know thatup until now the random
selection process has produced panels
that represented the student body and
the community on every level of diver-
sity," McCabe-Plius said. "In terms of
the academic schools choosing repre-
sentatives, my big concern is that we
ensure diversity. Because it has never
been implemented here, I have no idea
if it will work."
Judicial Advisor Mary Lou Antieau
has said the Office of Student Affairs has
rejected lists from the Registrar's Office
in the past for not being "representative."
Wainess said he will work in the next
few weeks to clarify and re-write the
code, but that he supports the current
draft of the policy.
44. ~N N ~ -
JONATHAN LURIE/Daily
Protesters rally against the Statement of Student Rights and Responsibilities on
the Diag before marching around campus and Into the regents meeting at the
Fleming Administration Building on April 20, 1995.
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Attempt at Mediation
In all cases not involving violence, if both parties agree to resolve the
complaint through mediation, the resolution coordinator will make
arrangements for mediation, including a choice between an
on-campus or non-University mediator. Mediated agreements may not
be appealed, but the process is voluntary and may not result in an
agreement.
Arbitration
Accused parties can choose a resolution officer or a student
resolution panel. in the hearing, both parties may be assisted, but not
represented, by an adviser of their choice. The resolution coordinator
is in charge of preparing and submitting all information gathered
during the investigation. Both parties must agree to admitting other
people, except witnesses and advisers to the arbitration.
Recommendation
Arbitrated resolutions result in a recommendation to the dean of
students, who may accept or modify it. The dean may not increase
the recommended sanction.
"One of the key
flaws of the
document is it's
extraordinarily
-Anne Marie Ellison
Chair of MSA's Students'
Rights Commission
"I'm reading other codes from com-
parable institutions and it's kind of like
reading penal law," Wainess said. "This
code's at least like reading something
that governs an educational community."
Some members ofthe University com-
munity, however, say thenew code doesn't
stray far from the current Statement of
Student Rights and Responsibilities.
"It is still a quasi-legal process that
John Youtt, then
an LSA senior,
waves in victory
after chalking the
top half of the
w~ cube in 1990.
a w FILE PHOTO
allows no protection for students," said
communication lecturer Joan
Lowenstein. "It is just unfair."
Anne Marie Ellison, chair of MSA's
Students' Rights Commission, said the
Code resembles past University poli-
cies, and threatens to infringe on stu-
dents' rights.
"One of the things that concerns me
is the basis of the whole thing of essen-
tial values - a couple, like civility and
dignity, can veer dangerously close to
being a speech code," Ellison said. "One
of the key flaws of the document is it's
extraordinarily vague."
In 1987, the University implemented
a speech code, which was struck down
by the state Supreme Court in 1989 for
being unconstitutional. The current
policy was approved on an interim ba-
sis in 1992, following the Interim Policy
on Discriminatory Conduct, which the
University abandoned.
- Daily Staff Reporter Josh White
contributed to this report.
1987 - Board of Regents
implements Policy on
Discrimination and
Discriminatory Harassment.
1989 - Policy on Discrimination
and Discriminatory Harassment
struck down by the courts as
unconstitutional because it
limited freedom of speech.
1989-91- Board of Regents
adopts Interim Policy on
Discriminatory Conduct.
Oct. 18, 1991- Board of
Regents passes a revised Policy
on Discriminatory Conduct.
June 22, 1992 - The Supreme
Court rules in R.A.V. v. St. Paul
that key parts of a speech code
that are also found in the Policy
on Discriminatory Conduct are
unconstitutional.
Nov. 20, 1992 - In a 6-2 vote
the regents approve the interim
Statement of Student Rights and
Responsibilities, with the
intention to review the code of
non-academic conduct in
February 1994. A Michigan
Student Assembly poll of 2,000-
2,500 students found that
approximately 81 percent
opposed the code.
Jan. 1, 1993 - The Statement of
Student Rights and
Responsibilities goes into effect.
December 1994 - Student Marc
Schauber sues the University
over his eviction from his
residence hall on charges of
harassing his former fiancee,
also a student.
Jan. 27, 1995 - In the first open
student code hearing, a six-
member student panel finds
American culture doctoral
student Melanie Welch not guilty
on a charge of assault, and guilty
on a charge of harassment
brought by Welch's neighbor in
family housing, Yaakov Lavie.
April 1995 - Court decides
University acted correctly in
evicting Schauber. ... Regents
demand the Code be rewritten.
May 1995 - A workgroup made
up of students is formed to
solicit input and help Vice
President for Student Affairs
Maureen Hartford rewrite the
Code.
Appeal
Request must be sent in
writing to the resolution
coordinator within 10 days.
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Appeals Board
Composed of one student selected by the Michigan Student
Assembly, one faculty member appointed by the faculty's Senate
Asembly and an adminstrator chosen by the University
4resident. Makes recommendation to the vice president for
student affairs to confirm the arbitrated decision, lessen the
anction or send the case back to arbitration. The Office of
Student Affairs may accept or modify this recommendation, but
may not increase the sanction.
The Old Code
m how the Statement of Student Rights and Repsonsibilities, which
t'ok-effect Jan. 1, 1993, resolves a complaint.
LEGAL.
Continued from Page 1
criminal offenses.
Lowenstein, who opposes the idea
of a code, said she is still uncomfort-
able with the Code as it now stands.
"There are a couple of things that
bother me about this document and
will probably bother the regents,"
Lowenstein said. "The regents asked
for the new code not to be cumbersome
in a legal way. I believe the resolution
process and appeals process are still
legal processes where a student can be
deprived of housing, their degree, etc.
"It is like a criminal court proceed-
ing but without the protections that a
student would have in the criminal
courts."
Lowenstein also said the Code draft
has many similar problems as in the
past, citing what she says are the lack
of legal representation for students
while in proceedings, the idea ofdouble
jeopardy under the Code and the lack
of due process. She also said the val-
ues-expressive nature of the document
is merely a cover for what lies beneath.
"They are giving lip service to edu-
cation," she said. "While it concievably
could happen with the educational
goals, the students' rights still need to
be protected. There is nothing in this
Code that will gurantee those rights,
nothing to protect a student's inno-
cence.
"In the U.S. system, they have con-
stitutional protection. In the Univer-
sity system, they don't have squat."
Specific issues that Lowenstein
teased out of the current Code draft as
having problems are Violation K, and
the closed nature of hearings. Viola-
tion K requires students to identify
themselves upon request of police and
to leave University premises upon re-
quest.
"If someone asks you to leave, I
don't believe you have to do that,"
Lowenstein said. "There are also a lot
of times when you would not want to
identify yourself in order to protect
your First Amendment rights. It is not
too far-fetched that you would not want
to identify yourself at a public rally or
demonstration. I don't where this idea
even came from."
Despite Lowenstein's claims of a
legally bogged-down document, Cole
said the new Code follows the regents'
mandate to be less legalistic.
"This is not a code drafted by attor-
neys," Cole said. "I think you can draft
a policy without lawyers being in-
volved and just have a consultation."
Friedl said the ACLU will have com-
ments about the Code draft for the re-
gents before their November meeting,
when they are expected to vote on it.
- Daily Staff Reporter Amy Klein
contributed to this report.
Alleged Violation
Must be reported within six months of incident.
Letter of Notification
Details complaint, must be
sent to the accused within 10
working days.
Investigation
Conducted by the judicial
adviser, who gathers:
background on the case and
determines if evidence needs
a hearing, may offer
mediation.
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F
Emergency Suspension
If the student's actions pose
an immediate danger to
persons or property, the
accused may be suspended; a
meeting with an administrator
and a formal hearing would
follow.
Attempt to Mediate
If mediation is not offered or fails, the accused must choose ...
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Administrative Hearing
By a single hearing officer,
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WAINI,
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Decision includes the finding
and the determined sanction;
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