7"t Ntm coot 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. I - Investigation The resolution coordinator investigates the alleged behavior. I I 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. I I 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. I 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. I NOR 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 ... YOUR CAREER IN HEALTH CARE AD INISTRATION STARTS HERE - RUSH UNIVERSITY Health Care Administration is a rapidly growing field that demands professionally educated, highly skilled managers. 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Member: Association of University Programs in Health Administration i Administrative Hearing By a single hearing officer, appointed by the vice president for student affairs. 1 A n Hearing Committee Composed of six students and a non-voting faculty chair; available only during the regular school year. L3Z3.~iwE mm . WAINI, Wrilun n IEI.UauuEC I - Decision includes the finding and the determined sanction; I I