UA Codes and Judicial Committee

Codes and Judicial Committee Meeting Minutes January 27, 1997 2:00–3:10 103 Day Hall

Attending: David Delchamps, Faculty; Errol Dominguez, Graduate Student; Barbara Krause, Judicial Administrator; Kenna Madigan, Staff, CJC Secretary; and Kathleen Rourke, Staff, Chair, CJC.

Kathleen felt that a permanent Secretary needed to be in place for each meeting. A small discussion was held and Kenna Madigan was elected Secretary for the remainder of the term.

Kathleen thanked the committee for voting her in as Chair of the CJC.

The issue of “alternate” was revisited by the committee. It was discussed that late last year a recommendation was made to the UA to dissolve the need for an alternate on the CJC committee. It was felt, however, that the importance of a 2-year staggered term should remain. The new language shall read as follows: CJC, as a committee, will strike the use of the alternate designation and those committee members listed as alternates will become full members with voting privileges. The committee would then stand as 3 undergraduate representatives, 2 graduate students, 3 employees, and 3 faculty members.” A letter will be submitted to the UA this week requesting this change.

Barbara gave us an update on the “pepper spray” issue. This item has been placed on the UA agenda for this week. She will ask if there is a need for a forum and a date, time and place will then be chosen. A letter has been drafted for the SUN and the Chronicle stating the University’s stand on the issue to date.

Barbara is unaware of any additional charges from the UA to the CJC for this semester.

The right to confront one’s accuser was discussed at length. The possible language change discussed was “In cases where the University Hearing Board determines that a complainant or victim is unable to testify due to compelling reasons, the defendant’s inability to confront his or her accuser(s) shall not, in and of itself, constitute grounds for dismissing the complaint. The case shall proceed and the Hearing Board shall base its decision on whether the remaining evidence establishes a clear and convincing violation of the Code.”

It was felt that this language should be placed in Title VI, Section 8, D.3(a) as a qualifier.

A vote was taken to have it presented to the UA for language adoption to the aforementioned section. The vote was unanimous.

A discussion regarding whether or not the Code should apply to students living in University-related housing over the summer who are not registered for summer classes; and similarly, should the Code apply to graduate degree candidates who are no longer registered but who have not submitted their final thesis for acceptance be discussed at the next meeting.

The next meeting is scheduled for Friday, February 14, 1997 from 11:00–12:00 in 103 Day Hall.

The meeting adjourned at 3:10 p.m.

Respectfully submitted, Kenna L. Madigan CJC Secretary