RESOLUTION 76

A RESOLUTION TO BE ENTITLED AN ACT CALLING UPON THE NORTH CAROLINA STATE UNIVERSITY DEPARTMENT OF TRANSPORTATION TO RESCIND THE REQUIREMENT OF PRE-PAYMENT OF PARKING CITATIONS BEFORE APPEAL

 

WHEREAS, beginning with the 2000-2001 academic year, the North Carolina State

University Department of Transportation requires that parking citations must be paid in full before a petition for review of that citation will be entertained; and,

WHEREAS, parking fines can be as high as $250 for one alleged offense; and,

WHEREAS, this could hinder an innocent student’s ability to pay tuition, rent, or

books; and,

WHEREAS, Section 5.7.3 of the Board of Trustees Parking and Transportation Policies

indicates that, "payment must be made within 14 calendar days of the notice of denial" of an appeal, apparently contradicting the pre-payment requirement; and,

WHEREAS, The North Carolina State University Department of Transportation is

obliged to uphold and to adhere to all Board of Trustees Policies and Regulations; and,

WHEREAS, maintaining a fair and open appeal process is critical to protecting the

integrity of the parking enforcement process for all members of the campus community; and,

WHEREAS, the pre-payment requirement discourages students, faculty, and staff from

invoking the petition and appeal process because it suggests that they are already presumed guilty; and,

WHEREAS, Article 11 the United Nations Declaration of Human Rights clearly states

that : "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty;" and,

WHEREAS, requiring payment before a citation is reviewed projects an image that the

petitioner is considered guilty until proven innocent, which is contradictory to the fundamental sense of fairness and law established by the United States Constitution and Article 11 of the United Nations Declaration of Human Rights; and,

 

WHEREAS, this contradictory image threatens the ability of the North Carolina State

University Department of Transportation to be seen as a legitimate legal authority, therefore be it

RESOLVED, that the North Carolina State University Student Senate supports a general

idea of fairness and human rights, as well as the need to have an open citation review process, and be it further

RESOLVED, that the North Carolina State University Student Senate strongly urges the

North Carolina State University Department of Transportation to review and rescind the requirement that petitioners must pay their citations in advance before the petition can be entertained, and be it further

RESOLVED, that the North Carolina State University Student Senate strongly urges the

North Carolina State University Department of Transportation to adhere to Section 5.7.3 of the Board of Trustees Parking and Transportation Policies, and be it further

RESOLVED, that the North Carolina State University Student Senate, recognizing that

faculty and staff also have the right to a fair and open parking citation appeals process, calls upon the Faculty Senate and the Staff Senate to join with it in this request.

 

I hereby certify that this Resolution was read twice, and adopted by consent in the

North Carolina State University Student Senate, this 20th day of March, 2002.

 

 

__________________________________________

Michael D. Anthony

Student Senate President

 

I hereby signify my approval of this Resolution as adopted by the North Carolina

State University Student Senate, this 20th day of March, 2001.

 

 

__________________________________________

Darryl Willie

Student Body President