Auburn A-Day See special section inside
The Auburn Plainsman A Spirit That Is Not Afraid Thursday, April 17, 2014 Vol. 120, Issue 41, 12 Pages
Truth, justice and the Auburn way
Photo Illustration by kris simms / multimedia editor
At Auburn University, and at other universities across the country, it has become common practice to hold student conduct hearings for felony-level charges without allowing students legal representation Kelsey Davis Editor-in-chief
Joshua Strange was a junior studying political science at Auburn University when he was expelled for sexual assault charges in November 2011. At the time of his expulsion, Strange had two criminal charges pending against him: a misdemeanor for a thirddegree assault and a felony for first-degree sodomy, according to his court-obtained defendant history. After his expulsion, both of the charges were dropped. Strange’s case thrust the University into public light after The Wall Street Journal published an investigative opinion piece Dec. 6, 2013 about his situation. Titled “An Education in College Justice,” by James Taranto, it accuses the University of wrongly convicting Strange. Taranto attributes the expulsion to University administrators giving into pressures from Congress, which he reports threatened to revoke funding from public universities if they did not take a strict enough stance with Title IX infractions. Title IX is a part of the 1972 education amendments and is most known for enforcing sexual equality within collegiate athletics. Its reach stretches beyond that, however, and addresses 10 major areas within a federally funded educational program that could be vulnerable to sexual discrimination. One of these key areas is sexual harassment. Of all the areas Title IX covers, the issue of sexual harassment has recently received the most attention from the media. On Friday, April 11, the St. Louis Post-Dispatch reported the University of Missouri failed to act on information about the sexual assault of Sasha Menu Courey, who was a swimmer at Missouri. Courey committed suicide 15 months after she was allegedly raped by two football players during her freshman year. According to the St. Louis Post-Dispatch, Missouri lacked a policy for reporting sexual assault allegations, which is a requirement under federal guidelines. On Friday, April 4, USA TODAY reported the U.S. Department of Education’s Office for Civil Rights opened an investigation of Florida State University. USA
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I think the difficult part is that if you’re not aware of the legal system and how all that works. It can be very frustrating because you can be put in a position to make impactful decisions. I didn’t feel like I should be in a place where I should be able to make lifechanging decisions for someone.” —A Student Member of the Student Discipline Committee
TODAY reported an FSU student said she was raped by Winston on Dec. 7, 2013, but the university allowed a lengthy delay to occur before conducting an investigation. OCR will investigate whether FSU’s handling of the Jameis Winston rape allegations violated Title IX laws. Winston was a favorite for Heisman trophy winner, which he ultimately won. The New York Times also published an article on Wednesday, April 16, detailing discrepancies with FSU and the legal system that occurred during the Winston case. While other universities are being investigated for not complying with Title IX regulations, the attention has turned to Auburn for possibly expelling a student without just cause.
Student Discipline Committee Hearings Before he could be expelled, Strange had to be tried in a Student Discipline Hearing, which is a private trial overseen by the Student Discipline Committee. While the committee consists of 13 faculty members
and 12 student members, a five-member panel (two students, two faculty members and a committee chair) rotates hearing cases based on who is available and has no prior knowledge of the defendant or plaintiff. According to Haven Hart, who was not director of student conduct at the time of Strange’s trial, but now serves in that capacity, members of the committee are selected through their various representative groups. For example, faculty members are selected and appointed by the faculty senate, and undergraduate student representatives are selected and appointed by the SGA. Typically, the president of the University selects committee chairs, according to Hart. During each hearing, the plaintiff and the defendant are allowed to have legal counsel present who can advise them outside the hearing. However, the Auburn University Code of Discipline does not allow legal counsels to speak or participate in any way. “Because it’s a student conduct process and not a court of law, attorneys are not allowed to speak,” Hart said. This leaves the defendant and the plaintiff to present their own evidence, call their own witnesses, crossexamine them and give their own opening and closing statements.
Strange’s Hearing before the SDC Two students, a faculty member from the College of Liberal Arts and a faculty member from the department of fisheries heard Strange’s case. A University librarian served as the chair. Strange was brought to trial before the Student Discipline Committee by an ex-girlfriend, who accused him of sexual battery. She declined to be interviewed for this story. While the Student Discipline Committee received training through the University, some members of the committee who heard Strange’s case Nov. on 7, 2011,
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