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OPINION & EDITORIAL

Greek Judicial Board denies rights

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by Mac VerStandig

Thursday, October 13, 2005

The evidence was all hearsay. The accused were not permitted to cross-examine the complaining witness. The accused were not even permitted to know the identity of the complaining witness. The Sixth Amendment and its various invocations were conspicuously absent from the hearing.

And the trial took place right here, on the University of Wisconsin campus.

There was nothing extraordinary about this Sunday afternoon proceeding — it was just another day in the world of the UW Greek system's judicial board. A fraternity was brought up on various alcohol-related charges and three students — including this writer — represented the house before a body comprised entirely of people claiming membership in other campus fraternities. A UW employee sat quietly in the background, unofficially overseeing the whole ordeal.

On this particular Sunday, no verdict would be rendered. The proceeding, after the conclusion of the formal hearing, was punted to a later date. The rules wouldn't change for that follow-up meeting, but at least a hearsay witness would be present — on this Sunday, not even that arrangement existed; the hearsay evidence was presented merely through a written report.

It is troubling to grasp the potential harms fraternities and sororities can commit on this campus. Fake IDs, drugs and hazing make for a vicious cocktail and rarely does a semester go by that a story doesn't emerge from some American university about a fraternity pledge who never lived to see his initiation day. There can be little question but that rules are needed and a judicial body is wholly necessary for the UW Greek community. But if fraternities and sororities are not to be above the law, then how can the court of judgment justify such status for itself?

It seems patently ludicrous to apply the Constitution of the United States of America to a fraternity on Langdon Street. But consider the chain of impact. The Constitution — and its various amendments — is binding on every state in the union. Wisconsin is one such state. UW is a public university and, ergo, a wing of the state. The Greek system is formally associated with the school on various levels — even if just for the right to enter floats in the homecoming parade. Proceedings were held in a university building with a school employee present.

And so it is tough to see where along the line the Sixth Amendment can be so easily discarded. But what is perhaps even tougher yet is to understand why a judicial proceeding — even if not legally bound by federal or state law — would chose to so wantonly ignore the very spirit of those laws that make this country great.

The Greek system, long before it was perceived as a haven of partying, was meant to teach leadership to young men and women. Roles on a fraternal judicial board would surely be included in this education. And so one must wonder why the UW Greek community would want so badly for its judicial rules of procedure to deviate from those that so closely govern all formidable hearings in the United States.

The entire situation is so terribly absurd as to actually rival the hyperbolic cinematic adventures of Delta Tau Chi and Faber College's own judicial board. "Animal House," of course, famously portrays a judicial proceeding that ends with a fraternity member rising, launching into a ridiculous monologue and then proclaiming "Well, you can do whatever you want to us, but we're not going to sit here and listen to you badmouth the United States of America," as he joins his cohorts in marching out of the proceeding while humming the "Star Spangled Banner."

For the characters of "Animal House," it was absurd. But by the time suggestions of due process were practically laughed away that Sunday at UW, it didn't seem quite so absurd to contemplate moving toward the door and paying my respects to Francis Scott Key.

I almost wish I had.

Mac VerStandig (mac@badgerherald.com), editor in chief of The Badger Herald and a member of the UW Greek community, is a senior majoring in rhetoric.

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Anonymous (October 13, 2005 @ 9:50am):

Mac, if you don't like it, file a lawsuit. But you could save yourself a lot of trouble if your fraternity just didn't violate alcohol laws in the first place.

Craig Chester (October 13, 2005 @ 9:53am):

ergo? hearsay!

Anonymous (October 13, 2005 @ 3:30pm):

I would recommend that no fraternity go to such a hearing without a lawyer.

These "campus judges" - from competing fraternities - can't be counted on for a fair verdict.

This is still the USA. We have rights. Our chapters have rights.

Anonymous (October 13, 2005 @ 4:46pm):

How else would Mac get laid, if he couldn't slip date rape drugs to sorority girls and freshmen from the Virgin Vault?

Anonymous (October 13, 2005 @ 4:48pm):

I would like to know what the fraternity of Zeta Beta Tau did wrong to
make Mac VerStandig so upset about the process of the Judicial Board.
In fact, I would like to know why he does not express in his "opinion"
the fact that every single house on this campus dating back to the 1980s
when the Judicial Board was first created approved this system. Whether
or not the Sixth Amendment was pushed aside is irrelevant, as these were
the ideals set forth a while ago. If we are to believe that every part
of the bill of rights is applicable to student life (as has been denied
many times over throughout this country's history), then why don't we
have the option of carrying a gun to class, as the Second Amendment
"clearly" states that we should have the right to bear arms. Why is it
that Mac only makes a fuss when it is HIS house that gets caught for
breaking the rules? All of the rules were set forth to make a better
Greek System as a whole. I would hope that Mac does not feel that
underage drinking is okay. The Greek Judicial Board was not set up to
be a body that follows civil procedure. As a board of peers, the
Judicial Board would have no basis for following civil procedure in a
case where there is no verdict of guilty or not guilty. There is simply
responsible or not responsible. As a fellow member of the UW-Greek
System, I would ask Mac to please get off his high horse and join the
rest of us who abide by the rules set forth in the bylaws and
consitution of the Greek System. We don't break the rules, so why do
you get to complain when you get caught for doing just that?

Anonymous (October 13, 2005 @ 9:01pm):

"It seems patently ludicrous to apply the Constitution of the United States of America to a fraternity on Langdon Street."

Yes, you're right, too bad you do exactly that.

Requesting that a judicial board at a University emulate "all formidable hearings in the United States" borders on lunacy. Which formidable hearings do you want copied? Military tribunals? Apeallate courts? The Supreme Court?

I don't know how much sympathy you can engender to your cause as a frat member, bitching about your own system and bylaws, in a paper read mainly by non-Greeks. Just a thought.

Anonymous (October 13, 2005 @ 9:04pm):

The problem is that the greek system is corrupt.

Anonymous (October 31, 2005 @ 12:20pm):

I respect your opinion, Mac. But seriously, if you are really the champion of fraternal order and self-reliance that you claim, then you should seriously consider settling your qualms with the J-board within the fraternal system and not use the student newspaper to your own self-righteous promotion for your fraternity.