USU conduct board rights violations

University code violations, including misuse of computers and technology, forgery of university documents or theft, can lead to disciplinary action by the university, action that is often times decided by the student conduct board, otherwise known as the student court.

According to the student code, the USU conduct board is made up of seven students, four faculty members and three professional staff members. A decision by the student court must be reached by a majority vote on the idea that it was “more likely than not” that the student under scrutiny committed the offense. An alleged violation of the university’s code or standards must be referred to the student court by the chief conduct officer, Dallin Phillips. Violations can be referred from people such as university police, housing and professors, said Phillips.

“We hear all incidents involving alleged violations of university standards,” said Michael Deamer, student court chief justice and hearing board pool chair. “We are just trying to improve the quality of USU. (The court) gives students an apparatus through which they can channel grievances. It helps enforce the student code, to uphold it. It improves the quality of student life up here.”

Something Phillps said he thinks is unique about the way the disciplinary action works at USU, is how often students, when questioned, admit to what they have done and accept their punishment.

“When (students) have done something wrong, whether it is an alcohol infraction or other violations, they admit to it and they take full responsibility,” Phillips said. “They are willing to take the penalties, which are reasonable. This is very unusual. It is why not as many cases go to court here.”

Phillips said cases go to trial when a student claims they didn’t commit the offense they are under scrutiny for, or when Phillips feels the student would benefit from being tried by a court of their peers.

Although, Phillips said one type of case the board hears quite often is students who have been accused of cheating, although they think they haven’t cheated.

According to the student code, the hearing board pool chair (chief justice), when a hearing is brought to the court, selects four students, one faculty member and one employee, to form a grievance board or a judicial board. The judicial board hears matters that do not involve honor system violations, while the grievance board can hear grievances involving both academics and other matters.

“With the four students and two faculty members we decide by a majority vote,” Deamer said. “We can give penalties such as warnings, probation, expulsion, payment of restitution and withholding transcripts. These are the penalties the university can take against student actions.”

According to the student code, the court can impose more than one violation for a single penalty, but penalties such as suspension and expulsion from the university must be approved by the president of the university.

An action that the student court takes applies to what happens to the student’s USU career, Deamer said. Although the student court will pass judgment on cases the vice president of student services deems necessary, that judgment does not save students from legal courts. Even if a student chooses to never “step foot on campus” again, the court will still pass punishment which could end up affecting the student in other ways, he said.

“Whatever the student court does, it does not take the place of the state,” Deamer said. “The state system is still going to have jurisdiction over you. We are never in place of the state court, but if you go and apply to school somewhere else, I am sure that will take the fact you were disciplined at another school into account.”

Deamer said he feels that not only does the student court help hand out punishments for student violations, but the knowledge of the court and the punishment possibilities can help stop students from committing student code violations in the first place.

“We can help protect the campus from anyone who would make the campus less safe,” Deamer said. “I am sure we have a deterrent effect on those who would do something stupid on campus.”

Phillips said he feels the hearing board does have a deterrent effect, giving students a reason to think twice before they commit and offense.

“Our student court is different,” Phillips said. “A lot of student courts are made up mostly of faculty. I think it is a lot more useful and a lot more frightening to students to know they will be judged by a court of their peers.”

The hearing board members not only hears grievances, but are also justices in the student court under the ASUSU constitution, Deamer said. The court’s job, concerning ASUSU, is to interpret the laws and constitution, as well as judge on officer misconduct. The court is actually sustained by the members of ASUSU to provide this service. Student members of the hearing pool (court) are appointed by the ASUSU president then sustained by a two-thirds vote of the ASUSU executive council for a period of one year, Deamer said. After confirmation members are trained by Phillips, a training which, according to the student code, if not completed, makes the student not able to act as a member of the court.

“We are very discreet because of the nature of what we do. We try to keep things quiet,” Deamer said. “The justices are not usually mentioned other than when they are newly appointed but other than that we are never mentioned in the paper. The people who are justices are just generally trying to serve USU.”

According to article five of the ASUSU constitution, the purposes of the student court include interpreting the ASUSU constitution and general laws and rule on ASUSU officer misconduct and incompetence, as well as election violations. After receiving a written dispute, the chief justice convenes the court within seven school days and the court makes a decision by a majority vote. According to the ASUSU constitution, all decisions made by the court are binding unless overturned by the president of the university.

In this last election, Deamer said, only one case of elections violations was brought before the student court.

“With this election, written report was e-mailed to me and we (the student court) convened rather quickly,” Deamer said. “It shows how high caliber justices we have that they were able to drop everything and handle the case so quickly. I think I can only imagine how great USU would be if everybody wanted to leave USU a better place like these justices.”

The USU student court and hearing board pool is currently making appointments for next year, Deamer said. Students wanting to be a part of student court have the same eligibility requirements of elected officers.

-debrajoy.h@aggiemail.usu.edu