BY THE MICHIGAN DAILY
Published October 15, 2001
The Office of Student Conflict Resolution has recently moved its administrative center to the basement of the South Quad Residence Hall. Relocating from the Fleming Administration Building to this less intimidating, more student-friendly location is a good move. But, the Code of Student Conduct now officially known as the Statement of Student Rights and Responsibilities, which is administered by OSCR, is still inherently unfair.
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Last year, University President Lee Bollinger passed a series of quasi-student proposed amendments in an effort to improve the draconian Code, but whether these changes are substantive is debatable. So far, according to OSCR director Keith Elkin himself, this year no cases have been affected by Bollinger"s changes to the Code. And because the current academic year is also not an amendment year, the Michigan Student Assembly will have to wait until next year to propose further, more substantive, changes. The most logical action for MSA representatives and all students to take, is to demand that the administration abolish this iniquitous system of adjudication.
The current Code enables the University administration to simultaneously assume the roles of prosecutor, jury and judge a policy that clearly violates the rights of the accused and students" rights in general. A student charged for a Code violation is permitted to have an "adviser" present but not an advocate and the adviser is not permitted to speak on the student"s behalf. Also, hearsay is blatantly admissible. Thus, under the Code, due process rights are effectively swept under the rug.
Another serious criticism of the Code is the unique double jeopardy situation it can create, whereby a student acquitted of a charge in a criminal or civil court may still be prosecuted for that charge under the Code by the OSCR.
OSCR has a new associate director, Suzie Nagel, who is slated to arrive this November. The OSCR aims to become more proactive than reactive by, among other things, adding an educational component to its programs. These will take the form of courses on conflict resolution and other programs which are good in theory but will be difficult to administer. The intent of these changes is to expand the OSCR to become an office about more than just the Code and to truly be a mediator for students.
As a public institution, the University should not impose stricter disciplinary standards on students than state and national laws allow. Revision and reevaluation of the Code must continue until the University loses its power to unfairly police students. Despite a new name, office and officials, the Code is just the same and just as bad as it ever was.























