News (Media Awareness Project) - US CO: Buffs Players Must Face School's Judicial System |
Title: | US CO: Buffs Players Must Face School's Judicial System |
Published On: | 2002-05-06 |
Source: | Denver Post (CO) |
Fetched On: | 2008-08-30 15:39:31 |
BUFFS PLAYERS MUST FACE SCHOOL'S JUDICIAL SYSTEM
Monday, May 06, 2002 - BOULDER - The four Colorado football players accused
of providing alcohol and marijuana to visiting recruits will not face
charges in court for months. The team already has revoked the fall semester
scholarships of at least one of those four, Marques Harris, and three other
unnamed players.
But in a matter of weeks, Harris, Corey Alexander, Allen Mackey and Ron
Monteilh could receive a third judgment from CU's Office of Judicial
Affairs. Harris already has received a request to appear at a hearing to be
held within the next 10 days. The other three players should appear in a
similar time frame.
A guilty verdict - regardless of what happens in their court trials - could
render all four suspended or expelled, without the same burden on those
trying to prove guilt.
"It's easier to get convicted of a violation of the code of conduct than it
is to get convicted in a court of law," university spokeswoman Bobbi Barrow
said.
But, she added, "The standard is very high."
Colorado's Laws of the Regents call for state school presidents to set
procedures that punish violators of school policy, according to
CU-Boulder's University Code of Conduct. However, it permits rules
different from those that govern public courts.
The Code of Conduct states: "These procedures shall contain the basic
elements of due process, bearing in mind that university bodies act as
administrative units, rather than judicial tribunals."
The JA office lists 20 types of violations that warrant school discipline.
No. 18 is "possessing, using, manufacturing, distributing or selling
illegal drugs or drug paraphernalia." No. 19 is "possessing, using,
manufacturing, distributing or selling alcoholic beverages in violation of
the law or university policies."
Under those two violations is an extra provision that reads: "In the case
of a student who is found guilty via a due-process procedure to have
endangered the health, safety or welfare of an individual through the
provision of alcohol or other drugs in violation of state or federal laws,
the minimum disciplinary sanction shall be suspension."
CU's disciplinary system has an appeals process, but the outcome of a trial
has no bearing on it. The JA's rules state "the university will not be
subject to challenge or postponement on the grounds that criminal charges
involving the same incident have been dismissed, reduced or are pending in
court."
Asked to react to what Mackey, his client, faces from the JA, attorney
Sonny Flowers replied: "I'm disturbed that before these kids can even have
their day in court, the university plans to take disciplinary action based
on the police report."
Flowers may serve as the adviser Mackey chooses to aid him in answering
questions. But only Mackey can answer questions or ask his own of other
witnesses. Another difference between this hearing forum and a court of law
is written or secondhand testimony is admissible. The hearing is closed to
the public.
According to Barrow, CU has heard approximately 300 cases in the past year.
Decisions typically are rendered within one or two days. An appeal may be
made within seven days.
Monday, May 06, 2002 - BOULDER - The four Colorado football players accused
of providing alcohol and marijuana to visiting recruits will not face
charges in court for months. The team already has revoked the fall semester
scholarships of at least one of those four, Marques Harris, and three other
unnamed players.
But in a matter of weeks, Harris, Corey Alexander, Allen Mackey and Ron
Monteilh could receive a third judgment from CU's Office of Judicial
Affairs. Harris already has received a request to appear at a hearing to be
held within the next 10 days. The other three players should appear in a
similar time frame.
A guilty verdict - regardless of what happens in their court trials - could
render all four suspended or expelled, without the same burden on those
trying to prove guilt.
"It's easier to get convicted of a violation of the code of conduct than it
is to get convicted in a court of law," university spokeswoman Bobbi Barrow
said.
But, she added, "The standard is very high."
Colorado's Laws of the Regents call for state school presidents to set
procedures that punish violators of school policy, according to
CU-Boulder's University Code of Conduct. However, it permits rules
different from those that govern public courts.
The Code of Conduct states: "These procedures shall contain the basic
elements of due process, bearing in mind that university bodies act as
administrative units, rather than judicial tribunals."
The JA office lists 20 types of violations that warrant school discipline.
No. 18 is "possessing, using, manufacturing, distributing or selling
illegal drugs or drug paraphernalia." No. 19 is "possessing, using,
manufacturing, distributing or selling alcoholic beverages in violation of
the law or university policies."
Under those two violations is an extra provision that reads: "In the case
of a student who is found guilty via a due-process procedure to have
endangered the health, safety or welfare of an individual through the
provision of alcohol or other drugs in violation of state or federal laws,
the minimum disciplinary sanction shall be suspension."
CU's disciplinary system has an appeals process, but the outcome of a trial
has no bearing on it. The JA's rules state "the university will not be
subject to challenge or postponement on the grounds that criminal charges
involving the same incident have been dismissed, reduced or are pending in
court."
Asked to react to what Mackey, his client, faces from the JA, attorney
Sonny Flowers replied: "I'm disturbed that before these kids can even have
their day in court, the university plans to take disciplinary action based
on the police report."
Flowers may serve as the adviser Mackey chooses to aid him in answering
questions. But only Mackey can answer questions or ask his own of other
witnesses. Another difference between this hearing forum and a court of law
is written or secondhand testimony is admissible. The hearing is closed to
the public.
According to Barrow, CU has heard approximately 300 cases in the past year.
Decisions typically are rendered within one or two days. An appeal may be
made within seven days.
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