Administrators and students have begun discussing possible changes to the university’s judicial process.

A meeting attended last Friday by Government of the Student Body members, Director of the Office of Judicial Affairs Bethany Schuttinga and Dean of Students Pete Englin was the first in what officials promised to be a series of discussions that could lead to change in the judiciary.

A case involving a campus bondage and sadomasochism group, Cuffs, raised concerns about impartiality in the process. Schuttinga investigated, charged and decided the case.

However, GSB members stressed the meeting was not about Cuffs and said they’re working to shift focus away from the group and onto what they said is a bigger issue.

“It would be hard to say that [Cuffs] wasn’t responsible for spurring the idea of creating the meeting,” said GSB Graduate College senator Dan Christenson, who was at the meeting. “Cuffs really made us more aware of how the judicial system works, but it’s not about Cuffs; it’s about the judicial process.”

In their efforts to address the bigger issue of fairness, GSB representatives proposed the Office of Judicial Affairs administrator be given the discretion to refer minor cases to the All University Judiciary — a judicial body comprised of students, faculty and staff — with the understanding the sanctions it can impose don’t exceed ones the administrator can hand down.

“It would make [the system] fairer than it is,” Christenson said. “When you have the possibility of referring some minor cases to the AUJ, it removes some of the unfairness because you have one person acting in those roles that we’ve seen as conflicting.”

Under Student Disciplinary Regulations, the Office of Judicial Affairs administrator is allowed to investigate and charge students and organizations with violations. In minor cases, such as Cuffs, the administrator is also allowed to conduct an administrative hearing if the case is not sent to the All Residence Judiciary or All Greek Judiciary. Currently, only major cases are allowed to be sent to the All University Judiciary, leaving minor cases to administrative hearings.

Despite the controversy and problems Cuffs has exposed, Schuttinga said there tend to be few problems with the judicial system. Of the 300 to 450 cases the office sees on average each year, she said only about 10 to 15 cases are appealed — very few of which are minor cases. Christenson and Nick Leitheiser, GSB Frederiksen Court senator who was also present at the meeting, said there may not be a widespread problem among students with judicial policy. They contended it’s the potential problems the policy could create for select groups that need to be addressed.

“Ninety-nine percent of the time the system works; it’s just that 1 percent of the time that we need to take into account,” Leitheiser said.

Leitheiser said he was biased toward the judicial system until the meeting Friday, when he realized his feelings were based on misunderstandings of the judicial process.

“Too many students were drawing comparisons between the judicial process and courts, and it’s not the same type of process,” he said.

Schuttinga said it is that reason policy allows her to assume multiple roles.

“The goal of the process is to provide for accountability and learning to take place,” she said. “The desire is for students to acknowledge the situation and to recognize where they went wrong, and if they are presented with a similar situation in the future — they make better choices.”

It’s easier for students to learn in an environment where one judicial officer can work closely with them through the learning process than through a courtroom system where that conflict can inhibit learning, she said.

Schuttinga said that until 2000, the Office of Judicial Affairs was staffed with two administrators. Then, budget cuts put a hold on one of the positions. Had there been another administrative officer, that person would have heard the Cuffs case, Schuttinga said.

She said she can’t comment on the GSB members’ proposal but is supportive of continued talks, which she and Christenson said they hope to continue during the summer.