Representation rights challenged

Students enrolled in the College of Arts and Sciences might be surprised to discover a different set of rules than the rest of the Bloomington campus if they violate the student codes of academic misconduct at IU.\nMatt Dattilo, associate director for public relations for the IU Student Association Department of Student Rights, is challenging COAS' policy, which does not allow advisers to speak on a student's behalf at a formal misconduct hearing.\nCurrently, if an adviser is present for either the student or faculty, the adviser may not address the Academic Fairness Committee directly or answer questions posed by the AFC, according to the COAS Academic Fairness Committee Procedures for Hearings in Cases of Academic Misconduct. The adviser is not a direct participant in the hearing. An adviser is defined as anyone who gives counsel to the defendant.\nDattilo argues this is in direct violation of COAS students' fundamental rights in the IU Code of Student Rights, Responsibilities, and Conduct. \nThe code states "that the student is required to be present at the hearing and may be represented by an adviser of his or her choice ... " The code then later states that individual "units," meaning specific schools on the IU-Bloomington campus, may create their own protocol for hearings, "which must be in general conformity with the guidelines provided."\nDattilo said this is a direct violation of College of Arts and Sciences students' rights to have an adviser speak on their behalf during a formal misconduct hearing. COAS students should not be treated differently from other IU students, he said.\n"Why are the rights of COAS students less valuable than the rights of other students on campus?" Dattilo said. "We're all students and equal -- no matter the school. In my opinion, the trustees' intention was to guarantee the same rights to all students, and not give more rights to one group of students over another."\nDattilo said he believes the wording in the code is too broad and should not give IU schools the power to deny a student the right to an adviser to speak on his or her behalf. \n"They are using the words 'in general' to step way beyond the boundary when they adopted this document," Datillo said. \nAssociate Dean of Students and Student Ethics member Pam Freeman said COAS students' rights are not violated.\n"My basic opinion is that I do not believe it violates the students or the code of rights," Freeman said. "Nothing in the code states a student's right to be represented by an adviser. I really do not believe the intent of the policy is violated at all if the College chooses to not allow students to be represented."\nFreeman also said if students disagree with the result of the hearing, they may petition the decision and have an adviser speak on their behalf at the appeal hearing.\n"The code says they can be represented at this level," Freeman said.\nDirector of Undergraduate Academic Affairs and Academic Assistant Dean of COAS Kirstine Lindemann said there is no need for an adviser to be present at the hearing, because the main goal of a hearing is to get a first-hand account from the student of what actually happened.\n"The College feels this is to be regarded as a chance for a student and a professor to discuss the situation in an objective and safe ground," Lindemann said. "The student can best represent themselves and what he or she did or didn't do in that situation rather than having an adviser speak on their behalf."\nIUSA Department of Student Rights Director Christopher Maher said he is troubled with COAS implementing its own policies and rules.\n"I am deeply concerned that one academic unit on this campus is permitted to diminish the rights guaranteed students in other units," Maher said. "I further believe that the IUSA Department of Student Rights has an obligation to bring this inequity to the attention of the student body."\nDattilo said by not allowing COAS students the right to allow an adviser to speak on their behalf, students might not have the opportunity to state their case to the AFC to the best of their abilities.\nFreeman disagrees: A university should hold a student responsible for speaking on their own behalf during the hearing, she said.\n"We're an academic institution and we hold students accountable. It is more important for students to interact on their behalf because it's a basic part of an academic experience for students and faculty to interact," Freeman said. "We're not talking about a court of law, the rights and procedures are not the same."\nDattilo said although a student might not go to jail, the repercussions from this type of hearing will follow the student throughout his or her academic and professional career.\nMember of the Student Affairs Committee and Chief Justice of the Supreme Court Brian Clifford, who helped draft the original student rights code, was concerned with making sure students were not alone during the hearings, not whether the representative would speak for them or simply advise. Clifford said he does not understand the reasoning behind COAS' implementation of the specific policy.\nAfter sitting on the committee that wrote the wording of the code, Clifford said he can see both sides of the conflict but ultimately feels the procedural policies should be left up to each individual school.\n"I've worked with a lot of administrators and I also see the University's perspective ... we really do try to make this an educational process," Clifford said. "There are two policies that are going to conflict and we let the schools resolve this, but that doesn't mean this is the only rational position. Sometimes these conflicts arise -- there's always going to be difference of opinion. I think that COAS is a little strict in this policy."\nFreeman said COAS is only attempting to promote the best possible environment to discuss the situation between a student and professor.\n"I think it's sad, I don't believe there is any ill will by anyone," Freeman said. "I also know the faculty wants to do the best for the student."\n-- Contact Senior Writer Lindsay Jancek at lmjancek@indiana.edu.