R 55, Student Rights Reinstatement Act

Student Rights Reinstatement Act

R 55, 87th Session

Version Info:

10-30-2007, as initially introduced: HTML

1-8-2008, committee version: HTML

Version Downloads (Senators only).

Basic Information:

Primary Sponsor(s):

Compton (Corresponding), Dawkins, Foxx, Friel, Gannon, McPherson, and K. Mills

Current Status:

Adopted by Senate

Report(s):

CC-05

Long Title:

AN ACT TO FORMALLY CALL FOR THE REINSTATEMENT OF THE PEOPLE'S BURDEN OF PROOF BEYOND A REASONABLE DOUBT

Summary of Purpose:

Calls upon the Office of Student Conduct to elevate the burden of proof required in student judicial cases to "beyond a reasonable doubt," and requests the University Board of Trustees to require the change.

Consideration History:

10-30-2007:

Filed for introduction

10-31-2007 Senate:

First Reading
Referred to the Campus Community Committee by the Student Senate President

11-7-2007 Committee:

Campus Community Committee Consideration

11-14-2007 Committee:

Campus Community Committee Consideration

1-8-2008 Committee:

Campus Community Committee Consideration
The Campus Community Committee reported the bill to Senate by counted vote, 6-0, CC-05

1-9-2008 Senate:

Second Reading
Adopted by roll call vote (Adopted: 46-2-4; 7 absent)

Roll Calls:

Senate, 1-9-2008:

Adopt R 55, Adopted: 46-2-4; 7 absent

Online Text

(as of 1-8-2008, committee version)

RESOLUTION 55

A RESOLUTION TO BE ENTITLED

AN ACT TO FORMALLY CALL FOR THE REINSTATEMENT OF THE PEOPLEÕS BURDEN OF PROOF BEYOND A REASONABLE DOUBT

Short Title: Student Rights Reinstatement Act (Public)

Sponsored by: Senator COMPTON (corresponding), BARNES, DAWKINS, FRIEL, GANNON, MCPHERSON, MILLS and Treasurer FOXX

Signatories: Student Senate President DOUCETTE, Student Chief Justice WHITESIDE, and Legislative Counsel HANKINS

First Reading: October 31, 2007 Version Date: January 8, 2008

Referred to: Campus Community Committee .

WHEREAS, the burden of proof is the evidentiary standard that must be met in order to find a student guilty of an alleged offense in cases before the Office of Student Conduct and the Judicial Board; and,

WHEREAS, currently the North Carolina State University Student Discipline Procedures Manual 4.3.12 states: Ò[t]he burden of proof shall be upon the complainant, who must establish the guilt of the respondent by clear and convincing evidence. The respondentÕs past disciplinary record will be available at the sanctions portion of the hearing. When a respondentÕs case has been adjudicated in criminal court for the same charges, and the respondent has either pled guilty or been found guilty, guilt for a corresponding violation of the Code of Student Conduct is deemed to be established and a Hearing may be held under this process to determine sanction(s) only;Ó and,

WHEREAS, currently the North Carolina State University Student Discipline Procedures Manual 4.3.18.j states: Ò[t]he Board will announce their decision. Decisions of the Board may be guilty, not guilty, or insufficient evidence. Insufficient evidence is an indication from the Board that some quantity of evidence did exist but that the complainant has not fully met the burden of proof in the case. Files and records for cases with a decision of insufficient evidence are handled consistent with the practice for not guilty cases;Ó and,

WHEREAS, in the late 1980Õs the Code of Student Conduct was reviewed, and in 1990 the reviewed code was altered to reflect the practices used today; and,

WHEREAS, prior to the 1980Õs, with documentation dating back to the 1960Õs, the burden of proof was established as Òbeyond a reasonable doubt;Ó and,

WHEREAS, the clear and convincing evidence standard is one in which the complainant must provide the Judicial Board sufficient evidence such that members are 70%-75% certain of the alleged offenderÕs guilt; and,

WHEREAS, the Òbeyond a reasonable doubt standardÓ is one in which the complainant must provide the Judicial Board sufficient evidence such that members are 95%+ certain of the alleged offenderÕs guilt; and,

WHEREAS, Òbeyond a reasonable doubtÓ is the evidentiary standard used in most criminal court cases, and is usually described as Òany doubt which would make a reasonable person hesitate in the most important of his or her affairs;Ó and,

WHEREAS, Òbeyond a reasonable doubtÓ is the current evidentiary standard used at UNC-Chapel Hill, the University of Virginia, Stanford University, William and Mary, and Johns Hopkins University; and,

WHEREAS, in the most recent statistics provided, from the 1997-1998 academic year, only three students before the N.C. State Judicial Board were found not guilty; and,

WHEREAS, as a result, many current students and faculty have lost faith in the Office of Student Conduct and its ability to fairly adjudicate student misconduct cases; and,

WHEREAS, students who come before the Judicial Board may be suspended or expelled from the University for alleged misconduct, radically altering their future potential; and,

WHEREAS, sufficiently concrete evidence should therefore be required so the Judicial Board can make any punitive decision with the least amount of doubt as possible as to the studentÕs guilt or innocence; and,

WHEREAS, calls from the campus community, the student newspaper, and a number of student leaders have been made petitioning for students rights to be protected and for the return of this important, elevated standard of proof; now, therefore, be it

RESOLVED, by the North Carolina State University Student Senate that the Student Government and the Student Body hereby calls for the reinstatement of this very important burden of proof to Òbeyond a reasonable doubt;Ó and be it further,

RESOLVED, the Student Government encourages the Faculty Senate, as well as the Office of Student Conduct, to adopt this evidentiary standard; and be it further,

RESOLVED, the Student Body asks that the Board of Trustees require the reinstatement of this important and elevated stand of proof, Òbeyond a reasonable doubt.Ó

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