Shifting responsibility

Bollinger must carefully analyze Code

Many hoped it would be high noon for the Code of Student Conduct last Thursday at the University Board of Regents meeting, when it was up for review. Instead, the regents shifted final responsibility for reforming the Code to University President Lee Bollinger.

The regents made their decision based on a recommendation by Vice President for Student Affairs Maureen Hartford. Under the recommendation, proposed amendments will be thoroughly reviewed by the Student Relations Committee of the Senate Advisory Committee on University Affairs, the faculty's governing body. After the review, the amendment, along with a recommendation on implementation, will be forwarded to Bollinger, who will make the final decision on whether or not to adopt it.

Four independent reports produced by the Office of Student Conflict Resolution, MSA, an internal University review committee and an external review team comprised of distinguished academics recommended reforms for the Code, and in most cases these reforms are significant. Each of the reports identified fundamental problems with the Code, including a complete lack of awareness about the Code on the part of students and faculty and a lack of productive interaction between the Code and other conduct policies throughout the University. Although the reports confirmed the objections of many of the Code's critics, the regents shirked their responsibility to the University community and forfeited their chance to make immediate and necessary changes to the Code.

Since Bollinger never publicly stated his position on the Code, it is impossible to determine whether it was wise for board members to place the power to redefine University policy regarding the private actions of individual students into the hands of one person. As a legal scholar, Bollinger must seriously look at the Code's obvious flaws and carefully analyze all proposed amendments with an open mind while keeping students' rights at the forefront of his decisions.

Although sound decisions on amendments must be made, swift progress is equally necessary. The Code is unacceptable in its present state. Basic precepts of the American legal system, such as double jeopardy and legal precedent, are ignored under the Code. It would be a great disservice to the University to allow the Code to continue to operate much longer in its present form. Everyone involved in the amendment process must work diligently. Until the Code is changed, students' rights will continue to be trampled. The regents' decision should allow for the reformation process to go significantly faster - changes are expected by the next regents' meeting in March.

Bollinger and everyone involved at the lower levels of the amendment process have a huge responsibility weighing upon their shoulders. Thorough analysis balanced with promptness must be applied at every stage of the Code's reformation. Sweeping changes must be made to the Code in its present form if respect for students' rights at Code hearings is to become an actuality. There is also a strong possibility that no change will correct any of the Code's fundamental flaws. If this becomes apparent, Bollinger must have the courage to abolish it. The Code is not worth having if it cannot be made perfect.

02-22-99