UMM A E XHIB IT

2 — Thursday, November 21, 2019
The Michigan Daily — michigandaily.com
News

 
 
 
 
 
 
 
 
 
 
 
 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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Daily’s office for $2. Subscriptions for September-April are $250 and year long 
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rate. On-campus subscriptions for fall term are $35. Subscriptions must be prepaid. 

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 

