MSA agrees on Code changes By Lisa Koivu Daily Staff Reporter In a debate that spanned two weeks, the Michigan Student Assembly finally agreed on a set of amendments for the Code of Student Conduct - from word choice to procedure to limiting the University administration's power. The proposal was completed shortly after midnight at the assembly's weekly meeting Tuesday. According to a written statement by Student General Counsel Josh Trapani, this is the first time the Code has been revised since the University Board of Regents approved the current version in November 1995 and it went into effect in January 1996. "This is the biggest thing we have ever done," MSA President Bram Elias said. Two weeks ago, the assembly considered two sets of amendments, one written by Trapani and the other by Students' Rights Commission Chair Abe Rafi. "Josh and I are basically proposing the same general students' rights principles. The wordings of our proposed textual changes differ," Rafi said in a written statement. "Also, some of his expand on my amendments."MSA unanimously voted in favor of the changes to the Code. The proposed amendments will go to the Senate Advisory Committee for University Affairs which will hand the amendments to the Student Relations Advisory Committee. After the SRAC reviews them, they will make recommendations to University President Lee Bollinger about whether he should endorse them. But, Bollinger has the final say in implementing the amendments. After debating for the entire meeting whether the Code should list values that students attending the University should hold in its beginning statement, the proposed amendments were tabled until this week. Rafi said the revisions MSA is proposing are a definite improvement on the current Code. "The way it is now, the Code is too secretive and excludes students too much. We worked to change this," Rafi said. The first major change occurs in the first paragraph of the document where the values are listed. Now, instead of reading that the values are "essential" to all students, there are "some" values which might be held by students. "We weren't really happy with those values being essential values of the entire University. The University was trying to tell us all what to think," Trapani said. At the end of the same paragraph MSA added a statement ensuring that faculty and staff are subject to the same Code that students are. "What is expected at this University should be the same for everyone," Elias said. Another change affecting faculty and staff is that they can no longer submit complaints that students have violated the Code. MSA members reasoned that if faculty and staff aren't responsible under the Code, they shouldn't charge students under it. "We wanted to make sure that the people being punished are those bringing the charges," Rafi said. Under the proposed Code, students will be allowed to choose whether they want to have the same or separate arbitrations when two or more students are charged with a crime under the Code. Also, students will be given the choice to have legal representation at arbitration hearings. "As the Code stands now, students are able to have an adviser at the hearings with them, but the adviser is not allowed to speak during the trial. Our amendment allows students to hire a lawyer to protect their rights," Rafi said. Transcripts from Code hearings are legitimate evidence in cases brought to trial in court. Without legal advise, some students reveal information inadvertently which is later used against them in legal hearings. Guilt "beyond a reasonable doubt" will be necessary for conviction in cases when students are accused of serious violations, but "clear and convincing" evidence will be the guideline for all other cases. In the case of an emergency suspension, students do not have to be informed of the reason for why they are being suspended. The assembly feels that all students should be informed of the allegations and presented with evidence. "Now, students are given the opportunity to defend themselves before being suspended, but they don't have to be told what they are defending themselves against," Elias said. The final major change to the Code concerned students being charged with a crime under the Code and in a court of law at the same time - often referred to as "double jeopardy." Currently, students can choose to delay their Code hearing to face the trial in court. But, they are suspended from the University until after the trial. "By doing this, the University is assuming that the student is guilty until proven innocent. We want to change this so that unless the student poses a serious threat to the University community, they will be allowed to stay in school until proven otherwise," Rafi said. Elias and Rafi said they are hopeful that the amendments will go through. "This is such a big issue that affects all students, even though they don't know it," Elias said. "This is the first time this year MSA has spent so much time on one issue and we have a lot more work to do. But, based on what we have already done, we'll accomplish the job." change this," Rafi said. The first major change occurs in the first paragraph of the document where the values are listed. Now, instead of reading that the values are "essential" to all students, there are "some" values which might be held by students. "We weren't really happy with those values being essential values of the entire University. The University was trying to tell us all what to think," Trapani said. At the end of the same paragraph MSA added a statement ensuring that faculty and staff are subject to the same Code that students are. "What is expected at this University should be the same for everyone," Elias said. Another change affecting faculty and staff is that they can no longer submit complaints that students have violated the Code. MSA members reasoned that if faculty and staff aren't responsible under the Code, they shouldn't charge students under it. "We wanted to make sure that the people being punished are those bringing the charges," Rafi said. Under the proposed Code, students will be allowed to choose whether they want to have the same or separate arbitrations when two or more students are charged with a crime under the Code. Also, students will be given the choice to have legal representation at arbitration hearings. "As the Code stands now, students are able to have an adviser at the hearings with them, but the adviser is not allowed to speak during the trial. Our amendment allows students to hire a lawyer to protect their rights," Rafi said. Transcripts from Code hearings are legitimate evidence in cases brought to trial in court. Without legal advise, some students reveal information inadvertently which is later used against them in legal hearings. Guilt "beyond a reasonable doubt" will be necessary for conviction in cases when students are accused of serious violations, but "clear and convincing" evidence will be the guideline for all other cases. In the case of an emergency suspension, students do not have to be informed of the reason for why they are being suspended. The assembly feels that all students should be informed of the allegations and presented with evidence. "Now, students are given the opportunity to defend themselves before being suspended, but they don't have to be told what they are defending themselves against," Elias said. The final major change to the Code concerned students being charged with a crime under the Code and in a court of law at the same time - often referred to as "double jeopardy." Currently, students can choose to delay their Code hearing to face the trial in court. But, they are suspended from the University until after the trial. "By doing this, the University is assuming that the student is guilty until proven innocent. We want to change this so that unless the student poses a serious threat to the University community, they will be allowed to stay in school until proven otherwise," Rafi said. MSA unanimously voted in favor of the changes to the Code. Elias and Rafi said they are hopeful that the amendments will go through. "This is such a big issue that affects all students, even though they don't know it," Elias said. "This is the first time this year MSA has spent so much time on one issue and we have a lot more work to do. But, based on what we have already done, we'll accomplish the job." Originally on page 1A in the 1-27-2000 issue of the Daily.