These pages have been archived as the recent "battle" has been won. Below is a small part of our home page along with directions about how to obtain the complete contents of this web site.

ymb, 5 july 97

Students (Should) Have Rights

Commentary & Information on the Proposed Changes to Stanford's Judicial Charter

[At Stanford University a revised "Judicial Charter" was proposed which would have significantly reduced the rights of students. Not only would the proposed changes affect those charged with specific violations of campus regulation but they would also impact the ability of all students to engage in free speech and peaceful protest. While the specific issues of university governance, free speech, and student rights are discussed in the context of the proposed changes to the (student) judicial charter at Stanford University, they have broad relevance to current issues in higher education throughout the U.S. After much debate with input from students, faculty, administration, and alumni, the proposals were changed. The revised proposal, which goes a long way toward addressing the issues raised here was passed by the students and the Academic Senate in Spring 1997.]

Our original introduction to the issues (Jan. 1997)

It is actually quite simple:

If you are charged with committing a crime, you have the right to counsel, the charges can be dismissed for lack of evidence, you have a right to trial by a jury of your peers who usually must reach unanimous agreement to convict, you can cross-examine those presenting evidence against you, and you must be found guilty beyond a reasonable doubt. If someone sues you and charges you with committing a tort (a civil wrong), you have the right to counsel, the case can be dismissed for lack of evidence, you have a right to trial by a jury of your peers who usually must reach unanimous agreement, the complainant testifies against you and can be cross-examined, and the decision is based on the preponderance of the evidence. (There is a different "standard of proof" in the two types of cases.)

On the other hand, under the proposed new Judicial Charter at Stanford, student defendants will not have the right to counsel, the jury is never solely of one's peers, the charges--no matter how flimsy or politically motivated--can not be dismissed unless the complainant agrees, and the complainant need never testify so there is no right of cross-examination. Furthermore, unanimous agreement is not required for a conviction. After all this, the Committee of 15 states it will leave it up to the students as to what should be the standard of proof.

While the C-15 and the Administration would like to have the debate focused on the standard-of-proof question, it is clear that the Charter revisions are designed to drastically reduce student rights. This is NOT just an issue for those who expect to violate campus regulations; any student who might ever want to speak out on a controversial issue or engage in peaceful protest runs the risk of being maliciously charged by an opponent and the "Judicial" apparatus will have to let the case proceed.

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