Movement members cite 3 handbook sections in appeals
February 13, 1997
The eight members of The September 29th Movement who were given sanctions for their parts in a Nov. 5 unauthorized rally have filed appeals with the All-University Judiciary.
Allan Nosworthy, chairman of The September 29th Movement, said the appeals were filed on three grounds as stipulated in the Student Information Handbook. They are as follows:
* “The student believes the lower court decision is flawed procedurally.”
The eight Movement members went through Office of Judicial Affairs administrative hearings on Jan. 30. Although they requested open hearings, the hearings were closed by the OJA on the advice of Paul Tanaka, the university’s lawyer.
“It was unclear exactly what university regulation was used to deny open hearings with the OJA,” he said.
Nosworthy said the handbook does not document closed hearings, and, he said, the eight students were not told why the hearings were closed.
They also appealed on the grounds of inconsistent charges and punishments. “Over 200 attended and less than 70 turned in name tags and less than 30 were charged,” Nosworthy said.
Fifteen students were charged with unauthorized use of a building and failure to comply with proper order last semester. They were all given written reprimands. This semester, eight students were found guilty of the same charges and five were given conduct probation. Three others were given reprimands.
Several faculty and staff members participated in the Nov. 5 rally. “Although professors and staff follow different procedures, no charges were brought against them,” Nosworthy said.
* “University regulations were not applied correctly.”
The papers informing the students of the charges indicated that the students had a right to OJA administrative hearings or All-University Judiciary hearings, Movement members said. Nosworthy said those charged should have been given AUJ hearings.
* “The sanction was too severe.”
Nosworthy said Movement members were told before the rally by Dean of Student Kathleen MacKay they would receive written reprimands if found guilty of misconduct, not conduct probation.
Nosworthy said no date for the appeal hearings has been set. All eight students have requested open hearings.
MacKay said the case is now in the hands of the AUJ. She said the AUJ co-chairs will determine a date. They have 10 class days from Tuesday to hold the hearings.