UWisc Greek Judicial Bd. denies rights

[hoosier]

OPINION & EDITORIAL
Greek Judicial Board denies rights


by Mac VerStandig

Thursday, October 13, 2005
The evidence was all hearsay. The accused were not permitted to cross-examine the complaining witness. The accused were not even permitted to know the identity of the complaining witness. The Sixth Amendment and its various invocations were conspicuously absent from the hearing.

And the trial took place right here, on the University of Wisconsin campus.

There was nothing extraordinary about this Sunday afternoon proceeding — it was just another day in the world of the UW Greek system’s judicial board. A fraternity was brought up on various alcohol-related charges and three students — including this writer — represented the house before a body comprised entirely of people claiming membership in other campus fraternities. A UW employee sat quietly in the background, unofficially overseeing the whole ordeal.

On this particular Sunday, no verdict would be rendered. The proceeding, after the conclusion of the formal hearing, was punted to a later date. The rules wouldn’t change for that follow-up meeting, but at least a hearsay witness would be present — on this Sunday, not even that arrangement existed; the hearsay evidence was presented merely through a written report.

It is troubling to grasp the potential harms fraternities and sororities can commit on this campus. Fake IDs, drugs and hazing make for a vicious cocktail and rarely does a semester go by that a story doesn’t emerge from some American university about a fraternity pledge who never lived to see his initiation day. There can be little question but that rules are needed and a judicial body is wholly necessary for the UW Greek community. But if fraternities and sororities are not to be above the law, then how can the court of judgment justify such status for itself?

It seems patently ludicrous to apply the Constitution of the United States of America to a fraternity on Langdon Street. But consider the chain of impact. The Constitution — and its various amendments — is binding on every state in the union. Wisconsin is one such state. UW is a public university and, ergo, a wing of the state. The Greek system is formally associated with the school on various levels — even if just for the right to enter floats in the homecoming parade. Proceedings were held in a university building with a school employee present.

And so it is tough to see where along the line the Sixth Amendment can be so easily discarded. But what is perhaps even tougher yet is to understand why a judicial proceeding — even if not legally bound by federal or state law — would chose to so wantonly ignore the very spirit of those laws that make this country great.

The Greek system, long before it was perceived as a haven of partying, was meant to teach leadership to young men and women. Roles on a fraternal judicial board would surely be included in this education. And so one must wonder why the UW Greek community would want so badly for its judicial rules of procedure to deviate from those that so closely govern all formidable hearings in the United States.

The entire situation is so terribly absurd as to actually rival the hyperbolic cinematic adventures of Delta Tau Chi and Faber College’s own judicial board. “Animal House,” of course, famously portrays a judicial proceeding that ends with a fraternity member rising, launching into a ridiculous monologue and then proclaiming “Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America,” as he joins his cohorts in marching out of the proceeding while humming the “Star Spangled Banner.”

For the characters of “Animal House,” it was absurd. But by the time suggestions of due process were practically laughed away that Sunday at UW, it didn’t seem quite so absurd to contemplate moving toward the door and paying my respects to Francis Scott Key.

I almost wish I had.

Mac VerStandig (mac@badgerherald.com), editor in chief of The Badger Herald and a member of the UW Greek community, is a senior majoring in rhetoric.

[NebraskaDelt]

There is a major problem with the writers assertion of 6th Amendment rights. The 6th Amendment applies to criminal prosecutions which are usually felonious (prison time of more than 1 year). The fraternity is not being prosecuted in a criminal trial with the possibility of serving over a year in prison.

The school has given the IFC the authority to regulate and govern fraternities. The IFC, through the representatives of the member chapter fraternities, have instituted the judicial process. If this fraternity doesn't like the process then they should try and change it.

[Tom Earp]

Sorry, But I have read better things in the Friggen Cartoon Section

This is MUSH MOUTH at its best!

Yes, but actually try to Change it?

Tribunals will out unless The Accussed are Proven Not Guilty.

[DeltAlum]

There's really nothing democratic about the state college systems. The Presidents aren't elected by popular vote, nor are the trustees or regents.

In reality, they're a business with some government support.

[AGDee]

In Michigan, we do elect the trustees and regents of state schools of three state universities:

This fall, voters in Michigan, Colorado, Nevada and Nebraska are voting for university boards. They are the only states with elected university boards. In Michigan, four boards are elected statewide, including the U-M Board of Regents, Michigan State University's Board of Trustees, Wayne State's Board of Governors, and the state Board of Education. The governor appoints board members at Michigan's 12 other state universities. (article from 2000)

Would this mean anything different? I'm not sure.

[sugar and spice]

I can't even tell what this kid is whining about.

And that's how j-board ALWAYS operates on the UW campus. Is this kid saying that his fraternity has never been subject to a complaint before and he didn't realize this is how it worked.

To compare it to a real court, or to expect it to be like one, is ludicrous.

[DeltAlum]

Originally posted by AGDee
This fall, voters in Michigan, Colorado, Nevada and Nebraska are voting for university boards.

I guess that's true. I do remember voting for university regents -- although I think they use a different word -- maybe trustee. We don't vote for University Presidents, though, just the oversight body I think.

[GeekyPenguin]

Originally posted by sugar and spice
I can't even tell what this kid is whining about.

And that's how j-board ALWAYS operates on the UW campus. Is this kid saying that his fraternity has never been subject to a complaint before and he didn't realize this is how it worked.

To compare it to a real court, or to expect it to be like one, is ludicrous.

He was denied his rights!

I feel a sit-in coming on.

[sugar and spice]

Originally posted by GeekyPenguin
He was denied his rights!

I feel a sit-in coming on.

Beeyotch please. I just facebooked him. He's "very conservative."

No sit-ins for him!

[GeekyPenguin]

Originally posted by sugar and spice
Beeyotch please. I just facebooked him. He's "very conservative."

No sit-ins for him!

I don't know, my very conservative homies at MU staged a protest last year, so I think anything is possible now.

[sugar and spice]

Originally posted by GeekyPenguin
I don't know, my very conservative homies at MU staged a protest last year, so I think anything is possible now.

They're stealing our techniques!

[NebraskaDelt]

What rights were denied? Regardless whether regents, trustees or whatever are elected or not has nothing to do with the Greek system governing and acting judiciously. The 6th amendment applies to criminal prosecutions. You don't get a jury (I should say you don't have a right to a jury) if there is the possibility of less than 6 months in prison. (I actually looked it up this time because I wasn't sure whether it was a year or shorter. It's 6 months). Now if this fraternity was being sent to prison for over 6 months then in all intents and purposes they should have it applied.

They may want to look at the University's constitution or charter and see what it says about discipline of campus organizations.

[moe.ron]

Hey hey, ho ho, the greek judicial board have to go
Hey hey, ho ho, the greek judicial board have to go
Hey hey, ho ho, the greek judicial board have to go

Back to the topic, me think the writer is bitching about nothing.

[KillarneyRose]

"But you can't hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn't we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn't this an indictment of our educational institutions in general? I put it to you, Greg - isn't this an indictment of our entire American society? Well, you can do whatever you want to us, but we're not going to sit here and listen to you badmouth the United States of America. " -- Otter

That said, that's one embarrassingly bad writer.

[sugar and spice]

Originally posted by KillarneyRose


That said, that's one embarrassingly bad writer.

That's the Herald for you. When your editor-in-chief who is majoring in RHETORIC can't write a decent persuasive essay . . . haha.