UMM A E XHIB IT

2 — Thursday, November 21, 2019
The Michigan Daily — michigandaily.com
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RITA VEGA/Daily
A marble column from a Jain temple in northwest India sits beside a sculpture of the Hindu god Ganesh in the South Asia Gallery at the University of
Michigan Museum of Modern Art.

EASY

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TUESDAY:
By Design
FRIDAY:
Behind the Story
WEDNESDAY:
This Week in History

MONDAY:
Looking at the Numbers

THURSDAY:
Twitter Talk

silence mormon
@prostitatertot
UMich Democrats will be
like “my parents (who are
both VPs at major banks) pay
my tuition and that’s class
solidarity sis”

Rachael Denhollander
@R_Denhollander
Dear @UMichFootball and
@UMich I want to believe
your fans and students are
better than this. Rivalries are
fun. But assault isn’t a joke or
a punchline.

audra puchalski
@audrapuchalski
today i learned that i was on
a @UMich email list called
“Alumni Never Givers”

Kat Todd
@KatCantDance
Never forget that someone in
Ireland thought I was a literal
genius for going to UMich.
What a beautifully misguided
assumption.

george kent’s 64 oz nalgene
@c_merke
you ever think that the
university of michigan
adminstrators go out of their
way to make your life harder

kayleigh | GMW AU
@brinadiaries
OKAY BUT IM DOING A
RESEARCH PROJECT ON
EUGENE LINDSEY FOR MY
ENGLISH CLASS AND HE
WENT TO THE UNIVERSITY
OF MICHIGAN

The Michigan Daily (ISSN 0745-967) is published Monday through Friday during
the fall and winter terms by students at the University OF Michigan. One copy is
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FINNTAN STORER
Managing Editor
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LSA Student Government releases
statement on misconduct policy

The updated University protocol comes as result of the Sixth Circuit Court ruling on Doe v. Baum

The Executive Board of
the University of Michigan
LSA Student Government
released
a
statement
Wednesday
criticizing
the University’s interim
sexual misconduct policy.
The
policy,
titled
the Interim Policy and
Procedures
on
Student
Sexual and Gender-Based
Misconduct
and
Other
Forms of Interpersonal
Violence,
was
updated
to
include
additional
options in the resolution
process and a hearing
where students have the
opportunity
to
cross-
examine other students

and witnesses. All cases
open at the time of the
new policy, which was
released on Jan. 9, adhere
to its guidelines.
Changes to the policy
came as a result of a Sixth
Circuit Court ruling in Doe
v. Baum. In the lawsuit,
the
court
affirmed
a
student accused of sexual
misconduct has a right to
confront their accuser at a
hearing.
In the statement, the
board called the policy
“problematic.”
The
board wrote that while it
supports students’ rights
to due process, it feels
there are better avenues
than the current options

for achieving a resolution.
The board also wrote
the
alternatives
to
in-person
examination,
such as using video chat
from separate locations or
utilizing the text option
of BlueJeans, an online
video chat service, fall
short.
“While
we
recognize
that these options are an
attempt by the University
to mitigate the harm that
this process may cause the
complainant, we do not
find these to be acceptable
substitutes
as
the
process of direct cross-
examination
between
the parties involved in
the
investigation
can
be
hurtful
in
any
format,”
the
board
wrote.
“While
we
recognize that every
student
deserves
a
fair and equal process
when allegations are
made, we know that
there are better ways
to achieve justice.”
Additionally,
the
board
wrote
the
current
policy
discourages students
from reporting sexual
misconduct
and
ultimately
creates
a
hostile
campus
environment.
The
board noted differing
processes
at
peer
institutions,
such
as
the
University
of
California,
Los
Angeles,
which
do
not
require
cross-
examination.
The board requested
the University revise
its cross-examination
process so it is carried
out by a professional
representative

trained in handling these
scenarios.
The
statement
comes
after
a
call
from
the
American Civil Liberties
Union on Sept. 5 to change
the policy and student
activism on campus. A
petition to change the
policy created on Jan. 8
by the student group ‘Jane
Roe’ garnered over 65,000
signatures.
University
spokesman
Rick
Fitzgerald
wrote
in an email to The Daily
that, the University is
accepting
feedback
on
the interim policy until
Friday,
in
addition
to
awaiting guidance from
the U.S. Department of
Education on guidelines
that will apply to all
universities.
Fitzgerald
noted
the
policy
allows
students
the option to have the
hearing
conducted
in
separate
rooms
using
technology
or
through
written responses with no
audio or video. However,
he said the University
has
previously
shown
reluctance
to
allowing
attorneys to participate
in this process alongside
students.

“Unlike
students,
attorneys have an ethical
duty to represent their
clients
zealously,”
Fitzgerald wrote. “That
includes
an
ethical
duty to vigorously cross
examine witnesses. Thus,
as the courts have held,
an attorney may have an
ethical duty to ‘confuse’
or even ‘destroy’ a student
who is alleging sexual
assault.”

ALEX HARRING
Daily Staff Reporter