The director of the Office of Judicial Affairs met with Undergraduate Student Government (USG) Town Caucus Wednesday night to provide town senators with information on Penn State's off-campus misconduct policy.
The appearance of Joseph Puzycki, director of Judicial Affairs, and Karen Feldbaum, associate director, at Town Caucus' meeting was the start of USG Senate's efforts to change the way the Office of Judicial Affairs operates.
When the office judges a student, the process used is different from that of a court of law, said Mike Gallo, Town Caucus chair. Because Judicial Affairs hearings are conducted quickly and can be resolved before the student goes to court, it is possible for Penn State to punish students for crimes for which they might be found not guilty, he added.
Judicial Affairs must be "clear and convinced" that the violation occurred, meaning it must be at least 75 percent sure, Puzycki said. This is higher than the burden of proof required by most schools, which is at least a 51 percent certainty, he said. Courts must be at least 95 percent sure that the crime occurred, he added.
Gallo said the Office of Judicial Affairs' burden of proof should be higher.
"I think it's very unethical to do it this way -- to say, 'This person's committed a crime, and we're not going to hold them to the same level as the American judicial system,' " he said.
While Gallo would like to make changes to Judicial Affairs in several areas, the meeting focused mainly on the off-campus misconduct policy, he said.
Adjustments were made to the policy in the past after students said the language in it was too vague, Puzycki said. Judicial Affairs created a list grouping violations into categories of minor, moderate and major offense, he said.
The State College Police Department reports crimes committed off-campus to Judicial Affairs, which then uses its discretion to determine whether to sanction the offender, Feldbaum said.
Almost 65 percent of all crimes committed in State College involve students, Puzycki said.
Most students who commit a minor offense for the first time will have their information filed, but will not be sanctioned, he said. If a student commits
a second minor offense of similar nature or a first-time larger offense, they will most likely be sanctioned, he said.
Gallo said he would like to see more information present on the office's Web site.
East Halls Sen. and Student Services Committee (SSC) Chair Julia Graham said she would like to see more student involvement in Judicial Affairs hearings.
Gallo said he and Town Caucus would work with Graham and SSC to draft a proposal recommending these and more changes. The two committees are still gathering information, and have not yet begun a proposal, Gallo said. Gallo said he hopes to present their ideas to University Faculty Senate to bring before the Office of Judicial Affairs by the end of the spring semester.
