MARIJUANA PENALTIES CHALLENGED

Judicial Board Structure Causes Disagreement Between Students And
Administration

At a college that is well known to be politically and socially
active, SUNY New Paltz's drug policy has always been a persistent
issue on the agenda of the student senate and among many students.

There are several variables to the entire drug policy reform issue
that complicate it.

"Last time I checked, smoking weed is illegal," said Eric Karnis, a
junior communication and media major, who suggested that the student
senate should focus on issues such as funding the children's care center.

Other students, such as Martina Liguori, a junior psychology major,
said the student senate has more important things to discuss than
marijuana, but agrees that there should be some changes to the
school's two strike expulsion policy.

The school's policy for use or possession of marijuana requires a
minimum of disciplinary probation after the first offense and
expulsion after the second offense.

Liguori suggested that students should face other repercussions if
caught with marijuana, such as removal from a sports team or
mandatory community service.

Sen. Jessica Coleman agreed that the policy was unfair. "For a crime
that really has no victim, it seems silly to be unwilling to make
sensible changes," she said, also adding that the drug policy has
always been an issue during the three years she has served in student
government. "I don't know if the student senate alone can solve this
problem. I feel that we need the support of the student body."

Certain members of the student government, as well as other students,
reject the school's two strike policy. One way student association
government attempted to change this policy has been by appointing
students to the judicial board who oppose it. This board decides
disciplinary cases, including those that deal with violation of the
school's drug policy.

According to the administration, New Paltz's policy regarding
marijuana is the same as other SUNY schools.

The Judicial Board has existed in its current format for decades,
according to Vice President of Enrollment David Eaton.

There are three members chosen by the student association president
and three chosen by the vice president of academic affairs and the
dean of students. During each hearing, there is one student, one
faculty member and one staff member.

The goal, Eaton said, is for students to have an equal voice in
weighing evidence of cases concerning their fellow students.

President Steven Poskanzer said that SUNY New Paltz has a judicial
board instead of a dean of students to determine disciplinary cases
so that any possibility of bias is removed.

The main responsibility of the judicial board is to listen to and
examine cases brought forward involving students. Eaton said that
most cases brought to the judicial board are not concerning
marijuana, but usually student verses student cases.

During judicial board appointments at student senate meetings last
semester, Coleman nominated several members who the senate would then
vote upon.

Vice President of Academic Affairs and Governance Ben Olsen said that
some senators tried to stack the judicial board with students who
oppose the drug policy.

"A lot of students had felt that the judicial board was a powerful
avenue through which students could express their discontent with the
current campus drug policies," said Council of Organizations Chair
Igor Gembitsky.

Gembitsky also said the student handbook was worded in a vague manner
on the question of exactly how many students sit on the board for
hearings. According to the Student Association, three students should
attend hearings, but SUNY feels that as long as quorum is reached, it
does not matter who is represented on the board.

"Due to the way most students interpret the handbook and the way the
procedure is practiced, a lot of students feel disenfranchised," he said.

Another goal of the Student Association, Olsen said, is to the change
the way faculty members are appointed to the board.

"The faculty is currently appointed by the administration, we would
like to see them appointed by a vote of the entire faculty," Olsen said.

The other SUNY schools have similar judicial board structures. SUNY
Geneseo's board consists of three faculty members, three
administrators and three students, each picked by the respective
group. One member from each constituency is then used for hearings.
The dean of students acts as a non-voting member.

Some students who have protested the composition of the judicial
board have also claimed University Police have illegally searched
student rooms to obtain evidence.