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**** ^
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