Opinion: Letter
UW policy consistent with nation
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I would like to respond to the Opinion piece by Dan Walters on April 23 (“Cynicism justified on conduct code”) regarding the proposed changes to student conduct policies for the UW System. Mr. Walters is wrong when he argues students have the right to full representation by an attorney at a formal misconduct hearing. There simply is no such right, as a review of case law will attest.
Federal courts have consistently upheld that students, while having the right to an adviser in a formal hearing, do not have the right to have an adviser directly address the hearing body. One of the commonly cited cases is Osteen v.
As pointed out by Dean Helmkamp, there are important reasons for limiting the adviser’s role, particularly in focusing on the process being educational and not overly adversarial and legalistic. Another thing to keep in mind is that the hearing body wants and needs to hear from the student, as they are best placed to offer information on what happened during the incident in question.
A hearing is essentially a search for the truth, where the hearing body “winnows and sifts” all of the available information so a proper decision can be made. Allowing criminal defense attorneys to actively participate in the process would only serve to move the process from an educational one to an adversarial one that has little to do with truth. Another important thing to realize is that the adjusted language in the draft revision of Code 17 does not change our current practice, as we already limit advisers to assisting the student and not directly addressing the hearing body.
I will admit to having some concerns over some aspects of the code revisions. However, as a whole, the changes are much-needed and provide appropriate procedural guidelines that are firmly in line with both commonly accepted practice in higher education and what the legal system has indicated we are obligated to provide. As Dean Helmkamp offered, we would be more than happy to discuss the code revisions, including our concerns, with anyone interested. We can be reached at (608) 263-5700.
Ervin H. “Kipp” Cox
Director, Student Advocacy and Judicial Affairs
Assistant Dean of Students
University of Wisconsin-Madison
ecox@odos.wisc.edu
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What a horrible, draconain mess. The University should go above and beyond the legal obligation it is required to give students in legal representation and the fact that Cox thinks that is a bad thing is distubing and confirms my every fear about the UW’s intentions. If Cox is so deluded that he believes these investigations are non confrontational (if they were, there would be no punitive measures involved) then he has no buisness holding a position in student “advocacy” or the administration as a whole, or anything involving a judicial system at all.
consitent, really?
Um. Considering these hearings are run like a trial (with witnesses being called and cross examination) - - - couldn’t you hear from the student by making them get on the witness stand? No need to deprive him/her of rights and take away legal consul that has the ability to properly handle a trial-like situation. Fighting to stay in school/out of trouble is a pretty big deal, it shouldn’t just be looked at as some “learning experience”. People in the deans office need to take their head out of their ass.