by Doug Harrison

Do the crime; do the time.

Commit a crime on campus and you may have more trouble on your hands than just criminal prosecution.

Under provisions in the UM System student conduct code, the University may pursue its own investigation and disciplinary proceedings against students who violate the system's Collected Rules and Regulations governing student conduct.

According to former vice chancellor for Student Affairs Lowe "Sandy" MacLean, the student disciplinary process differs from criminal prosecution.

"Due process is elastic," MacLean said. "Students charged with more serious crimes have more rights as citizens than they do on a university campus."

MacLean, who held his post in Student Affairs for over 15 years, said that while the University's disciplinary process often compliments criminal prosecution, many student conduct cases proceed within the University even though no criminal charges are ever filed.

The difference is that criminal records are public; student disciplinary records are not.

In 1974, the so-called Buckley Amendment effectively sealed all "educational records" of college and university students. But MacLean said Buckley didn't clearly define what could and could not be classified as an educational record.

"At the time, administrators nationally fought hard to keep the [disciplinary] records confidential," MacLean said. "Their position as educators was that discipline is part of the educational process, not criminal, and as part of the mission to educate, those records needed to be confidential. Students need to learn from their mistakes."

As determined by the system guidelines, the vice chancellor for Student Affairs is vested with the authority to initiate an investigation of alleged incidents of misconduct.

If the vice chancellor determines a violation of the conduct code did occur, he notifies the student(s) involved of the charges and the penalty, which MacLean said could range from University probation to expulsion.

The students have 10 days to accept or deny the charges.

Should students refuse the findings of the vice chancellor, a panel of "five or six" members is selected from a pool called the student conduct committee. The pool consists of 10 faculty, 10 staff and 10 students. At the students' request, the panel that hears individual cases may or may not have students on it.

The panel hears the vice chancellor's case and a defense from the student(s). Attorneys are allowed to consult with the students, but the students themselves must conduct the examination of witnesses and make any remarks.

The panel then issues its decision, which may side with the vice chancellor, find for the student or issue an even more severe punishment than was initially recommended by the vice chancellor.

Interim vice chancellor for Student Affairs Karl Beeler estimated that the University adjudicates "about 50 or so cases" a year. Of those, he said "a handful" are violent.

MacLean confirmed that he has dealt with "brutal assaults" and rape in his tenure.

Under Buckley, the names of the students involved in misconduct cases, the dates and access to the hearings, as well as the members who sit on the panels are not public.

"The accused and others associated with the case have a need of privacy," Beeler said.

He said he recognized that some students would want to know the identity of violent students who may not have been prosecuted in the criminal system, but he said he feels the system works.

"If the behavior is so egregious to warrant suspension or expulsion, then we have effectively removed the problem from the University," Beeler said.

Lorrine Garrett-Browder, whose son was attacked at University Meadows last year, disagrees.

"I think it would be healthier if the system were open," Garrett-Browder said.

Her son, Jason, was investigated and punished by MacLean's office under the student conduct provisions. Garrett-Browder said she still does not know what action, if any, the University took against her son's attackers because the records are confidential. She said she knew of no criminal action taken in the case.

"It was really hard on Jason to deal with," she said. "Kids in these situations whether they are accused or have been victimized, need some kind of support and representation from the University."

MacLean said there is a national trend afoot to open student disciplinary records.

"Personally, I wish the records were open so that students could see that other students get a fair hearing," MacLean said.