
The
reforms for Student Judicial Affairs recently passed by the Student
Government Association are needed and should be implemented as
soon as possible.
The reforms, proposed by Senators Ian A. Mance, H. Dustin Bayard,
and Paul A. Funderburk, would include a higher standard of evidence
required at judicial affairs hearings, allowing a student representative
to address the judicial board and require that the boards
decision on the case be unanimous.
It is a relief to see SGA finally try to implement meaningful
campus-based legislation, something that will help the student
body as a whole.
Karla P. Rusch, assistant director of judicial affairs, has stated
some objections to the reforms, saying that they would make the
process closer to a courtroom instead of an informal proceeding
meant to educate a student.
We must disagree. Any board that can give a student fines, suspensions,
or even expulsion, is punitive as well as educational. Making
proceedings on such important matters informal only
serves to give less assurance that a students rights are
being protected.
While Rusch did make the point that standards of due process are
more strict in an actual court room because the punishments are
harsher, this legislation is not asking for the standards to be
the same as an actual courtroom. The new standard of clear
and convincing evidence is not the same as beyond
a reasonable doubt, but it does serve to give students that
much more assurance that the board must give overwhelming proof
that a student has violated the code of conduct before penalizing
them.
Frankly, we do not see much harm in most of the reforms. What
would it hurt to let the advocate a student brings address the
board on the their behalf? To make sure that their standard of
evidence is more than a probability the student committed
the crime? To present such a case that no member of the
board feels any reservations about their decision?
The only consequence would be that the board would have to work
hard to prove their case against a student, which they should
be doing anyway.
SGA senators like Justin W. Moore, who stated some reservations
about the legislation acknowledged I think everyone has
a judicial affairs story.
Why do they? Students should have the maximum possible assurance
that their rights will be protected.
It may be possible for administrators to view the purpose of the
board as purely educational.
For the student, working toward a degree, who faces the possibility
of expulsion or suspension for something they may not have done,
the consequences are seen as far more severe.
If the university believes that such life-changing consequences
are needed, it had better prove its case. These reforms are a
step in that direction.