As representatives of the student body and members of the student government, we feel it is our responsibility to highlight a few inaccuracies that were published in last Wednesday's edition of the Daily ("Guilty until proven innocent," Feb. 13). We would like to provide you with a clear understanding of the TCU Judiciary (TCUJ) and its role in the judicial process at Tufts and point out its relation to the Steven Li case, which has received much attention in the Daily in recent weeks - publicity initiated by the student. Normally, the name of a student involved in a disciplinary case would never be disclosed by the Senate, the TCUJ or the Dean's office.
We would like to make you aware of the actions we are taking on behalf of the student body to both enhance and make clear the rights you have and also the limits of your rights in the judicial process because they were stated inaccurately in the recent Daily article. And lastly, we want to provide you with the basic information about the judicial process and your current rights as Tufts students.
At the Senate's full-session meeting on Feb. 10, the body passed "A Resolution Supporting the Creation of a Judicial Review Board." While the resolution does indeed support the creation of a judicial review board, it makes no mention of what the Daily referred to as a right to a "comprehensive trial." Having worked both with the TCUJ and the Dean of Students' Office, the Senate understands the benefits and the limitations of the current system. It would be both unrealistic and unnecessary to suggest hearings as the only mechanism used to resolve disciplinary cases.
The resolution, as passed by the Senate by a vote of 25-0-1, states that because the university's student judicial process guarantees students fair process - and because the process does not currently award all students hearings in cases deemed "indisputable" - the TCU Senate "supports creating a judicial review board, consisting of students from the TCU Judiciary and administrators from the Office of the Dean of Student Affairs, which will serve to review Dean's decisions regarding what constitutes 'indisputable evidence' in cases pertaining to academic integrity."
The resolution also stated that the TCU Senate "supports the right of every student to have their case reviewed by this body in a timely manner, with the exception of students who have voluntarily admitted wrongdoing or who have chosen mediation or administrative resolution to resolve the conflict," and the Senate "supports the right of every student to be present and speak on his or her own behalf during the judicial review process and be represented by a judicial advocate if he or she so chooses."
Additionally, speculation that has followed recent Daily news articles and Op-Ed pieces may have led many to be confused regarding our rights as students. In reality, we students are not, as suggested by the Daily article to which we refer, at the mercy of a single person who will determine our fate at this university. If one is accused of having committed an offense, there are many avenues through which one can resolve a case. When the evidence available does not constitute irrefutable proof, and you deny an allegation made by a faculty member, a fellow student, the Tufts University Police Department or any other complaining party, you are already guaranteed the right to a hearing.
The student judicial system recognizes that each case is complex and different, however, which is why most cases are settled through two ways: administrative resolution and mediation. In the administrative resolution, you agree to accept the outcome that the Judicial Affairs Officer suggests; in a mediation, you and the accusing party agree on a suggested outcome. Neither option involves a hearing.
The recent Li case and the Daily article have raised confusion about this, leading many to believe that students never have the right to a hearing. A hearing is only an option when a student disputes the evidence and there is no "Dean's Decision;" however, if a student chooses ediation or an administrative resolution, you also waive your right to a hearing.
Every student has the right to appeal any disciplinary process on the grounds of "severity of the consequence" except for mediation and administrative resolutions. The Committee on Student Life reviews these appeals.
Certainly, no system is perfect, which is why the Senate passed its resolution. However, we as students should be responsible for being correctly informed, especially when it comes to our rights. If you have any questions or if you yourself are going through the judicial process as a complaining party or someone responding to a complaint, do not hesitate to contact the Judicial Advocacy Program or the TCUJ or read the Student Judicial Process Handbook at http://studentservices.tufts.edu/dos/publications.htm.
Alexandra Pryor is a senior majoring in policial science and philosophy. She is the historian for TCU Senate. Allison Towle is a senior majoring in political science. She is the chair of TCU Judiciary.
