The Digital Collegian - Published independently by students at Penn State
OPINIONS
[ Wednesday, Feb. 22, 1989 ]

Hearing process appears unfair

The hearings and sanctions against three student activists who protested CIA on-campus recruitment in November raise questions of fairness in the University's disciplinary system, especially because the procedure does not mirror the country's judicial system.

Although the procedure followed in the hearings for the activists is the same for all students, the publicity surrounding the CIA case -- especially the open hearing -- creates an opportune time for students leaders and members of the University community to further examine the process and implement change.

When students enroll at the University, they should not have to sign away their constitutional rights. Yet this appears to be the case. The defendants -- Travis Parchman, Jessica Stern and Tim Fasnacht -- were not allowed to have an attorney present. They were not allowed to interview the University's witnesses prior to the hearing, whereas the University reserved the right to interview all witnesses.

The defendants were not allowed to make any taped recording of the hearing. Access by the public and press was severely restricted as only nine people besides those directly involved with the hearing were allowed to attend.

The difference lay in the disciplinary action taken against the three protesters. Travis Parchman has a long history of protest at the University and this year, as executive assistant in the Undergraduate Student Government, has prodded the University in the campaign to open the budget. He was dismissed from the University for at least one year but is appealing the charge. Stern received a two-semester suspension.

Another protester, Paul Sample, who received a disciplinary dismissal for failure to respond to charges and consequently had no hearing, has a similarly long history of activism and protest at the University.

Fasnacht received three semesters' disciplinary probation for one count of disorderly conduct, which the Office of Conduct Standards said consisted of an "attempt to interfere with university operations" by "jumping and stomping on the floor" of McAllister.

The penalties assigned the three activists appear harsh in relation to their actions, yet the community has little with which to compare them. Whether the students disciplined are actually guilty of the charges brought against them remains unclear.

Now, while the issue moves into the appeal stages, student leaders should press the University to examine the systems at Ohio State University, the University of California at Los Angeles, and Rutgers University, where attorneys are permitted and the proceedings may be recorded.

 


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Updated Wednesday, February 22, 1989  1:23:46 AM  -5
Requested Friday, September 05, 2008  5:50:02 AM  -5