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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (April 21, 1989)
University. University files for code change By Chris Bouneff Emerald Reporter The University plans to amend its student < onduct < ode regulations to correct a flaw in administrative rules mandating open hearings for academic dis honesty t ases "When one carefully exam ines the cited text, it is not clear whether the hearings offi cer has the right to close the hearing (and) protect the stu dent." said Muriel Jackson, as sistant vice president for ad ministration. The change was to go in ef fect Friday, but because of a clerical error, the amended rule will not be implemented for some time. Jackson said. However, the University still plans to pursue a i hange in the rule in order to deal with pond ing student conduct code hear ings. siie said. The University filed for a temporary change in the rule with the Sei retary of State on Tuesday A temporary amend merit lasts tor 180 days, which will provide enough time tor the University to request a per manent alteration in the rule. Jackson said. To change the administrative rule, which is equivalent to law. University Vice President for Administration Dan Wil liams had to provide a ‘‘state ment of need" in addition to filing the temporary change or der. In his statement, Williams wrote that the University finds it necessary to make the change because "in cases now pending and scheduled for hearing, it appears that some or all of the charged students will explicit ly” not waive their right of pri vacy. The previous administrative rule mandated an open hearing for all cases contested under the student conduct code These i ases normally deal with the student's private academic: records, which are protected from public disclosure In state and federal law The University's conduct code hearings process has been prosecuting students for several years in possible violation of these same laws protecting a student’s academic records In a recent at ademit dis honesty case that exemplifies why the University filed for the change, a student's private rec ords were discussed in an open hearing under the same rule be log amended During the April It) hearing, the defense counsel objet ted to the presence of third-year law student U il!\ tills who sue i ess fulh attended the hearing us iug the unchanged rule Mils has filed suit against the University and Law School Dean Maurice Holland for al leged private violations con corning his academic records and said he attended the hear ing as a disinterested party to challenge the conduct code pri icodwre Not citing that state and fed eral privacy laws supersede ad ministrative rule*, defense coun sel Lynn Heaton continued with the hearing instead of ar going the point further Heaton said that after deliber ating with her client they de cided against a continuant e de laying the hearing until the at ternoon. but the defendant maintains he never gave per mission for Uils to be present, leaving questions of whether the defendant waived Ins rights in accordance with stale law The major change in the rule cuts through this gray area by specifically slating that if pros ecuted students do not waive their right to privacy in writing the hearings officer is required to close the hearing to the pub lic. "She asked me if it is Oh to let (Hits) in and I said I didn't want him there." the defendant said in a recent interview The remainder of the hearing centered around the defen dant's cheating on his final exam, the grade he receiver! as punishment, and the sanctions he received for code violations - all items normally protected bv state and federal law. However, because the statute mandated an open hearing anil the defense counsel did not fol low up her objection, the hear ings officer had to allow Mils to remain in the room. "This is a very fine legal point fieing addressed," jack son said. "The i hange is de signed to protect the student Peter Swan. University law professor and legal adviser to President Paul Olum. declined to comment on the differences between public, dist Insure laws and the administrative rule "I don't know if this is a con tradiction." Swan said. "I'm not going to comment on this." The I 'niversitv has already I teen cited for the improper dis closure of student records un der tile federal family Educa tional Rights and Privacy Act when they provided Mils' rec ords to the Eugene Register Guard Connie Moore, PER PA office clerk, said the department Inis been studying tin- University's administrative rule to deter mine if it violated any privacy laws 4 On her mind In Addition to its purpose as wading material, the Oregon Daily Emerald has a va riet\ at other uses, as this student showed Thursday during an unexpected shower. Mam students hail to tintI rain ge.tr of some sort or another as the unseasonably sunny skies gave uay to more normal .\pril weather. Photo by lames Marks Program reaches out Minority students from middle schools around the statu and their parents will learn about ways to make the college dream come true during an all-day program at the University on Saturday. The third annual "Reach for Success" program is aimed at increasing the number of Oregon minority students who go it) college, said Marshall Sauceda. advising coordinator at the University Council for Minority Kducation The CMK is spun soring the event. About .’UK) people are expected to attend. “We need to reach kids before they enter high school, be cause that's where they will establish the academic record they need to qualify for admission to college and the study habits they need to succeed." he said "We hope we ll lie competing with other colleges and universities for these stu dents when they graduate from high school." r O R*«« nx, »«n»c. Or**** ^ The Oftgofl Daily Emerald 19 published Monday through Friday except during ©«am week and vacation* by th© Oregon Daily Emerald Publishing Co at th© University of Oregon. Eugene Oregon Th© Emerald »» operated independently of the University with office* on the third floor of the Erh Memorial Union and i» a member of the Associated Press Th# Emerald is private properly The unlawful removal or use of paper* is pros ecu table by law Editor Aaron Knot Managing tallot Editorial Co-Editor Sport* Editor Graphic Artist Entartammant Editor wm Paula Groan Gary H onlay Jarrell Jaaler Frank Byars P4«W» COilOf ViwQryn tempeisun Editorial Co Editor Thomas Prowoll Photo Editor James Marks Supplements Editor Daria Jackson Night Editor Christopher Blair Community Betsy Clayton Student GovemmenUActhrlties FraUr do Guzman Higher Educalton/Admlnlslratlon Michael Drummond Politics Oon Polar* Reporters Christopher Blau Brian Bloch. Chris Bouned Polly Campbell Denise Clitton Ashley Conklin, Grog Hough Jack Milliktn Brad Robedson. Hon Waikei Photographers Bill Hemes. Mark Ylon Adaortlalng Satoa: Maureen Bernadam ton Boring Mall Colima Kelly Maloney Scoll MtAvoy. 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