University of Wisconsin System schools will now be able to punish their students for serious crimes committed off campus after the Board of Regents voted in favor of the new policy at their meeting last week
The proposed policy came after UW-Milwaukee requested a way to control the disorderly behavior of students while away from school, according to Education Committee Chair Danae Davis. Now, after two years of debate and revision, the board voted in favor with a 15-3 vote.
One of those dissenting, Regent Thomas Loftus, said it was “a bad idea to extend the long arm of the university off the campus.”
“This university has gotten by more than 150 years without this,” Loftus said. “Instead of a second chance, we introduce students to double-jeopardy. We throw open doors to lawyers, but only those students with money will have a right to an attorney.”
Loftus’ concern revolved around whether a student has a right to a lawyer during disciplinary hearings when facing suspension and expulsion. In the past, students have argued for the right, while deans are worried lawyers may muddle the process, turning it from an education process to a legalistic one.
With the new policy, students have a right to hire a lawyer, who may present information and arguments on behalf of the student and also call and cross-examine witnesses. Lawyers were previously allowed to advise a student during hearings, but could not speak on behalf of the student.
“I am pleased to see that at least in suspension and expulsion, they have a right to an attorney,” Regent David Walsh said. “This new change now observes and recognizes legal privileges (of students).”
One of the main concerns with the new right to a lawyer had to do with the procedure of questioning witnesses, especially those who are fragile and shaken, such as in the case of a sexual assault victim.
“In those circumstances, the new language permits the hearing examiner to determine the method and mode of examination,” Regent Jeffery Bartell said. “If a sexual assault victim does not want to confront the defendant, the trial examiner could have that person go in separate room or video conference…these are procedures common in criminal law.”
However, some regents had concerns about the effectiveness of the policy’s language with regards to the questioning of witnesses, including Walsh who saw a problem with not cross-examining witnesses in a face-to-face manner.
In order to make the policy clearer, he proposed an amendment, which eventually passed, that ensures “the student is allowed to effectively question the witness.”
“I’m concerned with a student that can’t question a witness and this just gives you a general statement,” Walsh said.
Another concern arose regarding those students who were fiscally unable to hire a lawyer for representation. While there is nothing in the resolution that requires schools to provide counsel, according to Regent Mike Spector, certain UW schools already do.
While there were many questions and objection to parts of the new policy, most regents thought the already two year delay was too long to keep it in the Board of Regents any longer.
“You amend to address one concern and up pops the opposite side’s concern. We’re not going to benefit from additional delay for our purposes,” Davis said. “There is not a new argument…that we are going to be presented with that have already been presented. We have to honor our responsibility to move forward.”
Leaders from the UW schools shared the same sentiments, including UW-Platteville Chancellor David Markee who saw the policy as a “reasonable compromise.”
“As I ask the staff that have been active with this over the last year, can we live with this?…The answer was yes,” Markee said. “We’re dealing with a rare situation…and if it gives these people the toolbox they need, I believe it works and it has worked.”
The new policy will now move to the Wisconsin Legislature where they must approve of the changes before being put into effect systemwide.
