POT USE PENALTY WEIGHED AT SWT

SAN MARCOS -- A tribunal made up of two students and a faculty member met
behind closed doors Thursday afternoon to decide the punishment of a
Southwest Texas State University student who openly smoked marijuana on
campus to challenge the school's zero tolerance policy.

The student, Bryan Anderson, walked out of the hearing in protest.

The tribunal, known as the Student Justice Council, reached a decision, but
would not tell Anderson what it was, saying he will be notified by mail.

On Jan. 28, Anderson stood on the Quad, a gathering place on the university
campus, read a statement denouncing the zero tolerance policy, and lit a
marijuana cigarette in front of campus police officers.

The university policy calls for a two-semester suspension for any student
in possession of drugs.

Anderson also faces a Class B misdemeanor charge in San Marcos Municipal
Court.

The student and his attorney, David Sergi, walked out of his hearing
Thursday, claiming the proceeding violated the Open Meetings Act by barring
members of the media.

Sergi also claimed the student members on the tribunal were not impartial
because they are "handpicked by the university," and objected to his being
barred from questioning witnesses.

"We do not feel it is a fair hearing," he said.

Sergi said if Anderson is suspended, he will file for an injunction in
district court in an effort to keep the suspension from being enacted, and
will pursue a civil case against the university.

Dean of Students John Garrison said that although the university's drug
policy is commonly referred to as "zero tolerance," it is not.

Although the majority of first-time violators are given two-semester
suspensions, the vice president of student affairs or the university
president can reduce the penalty, he said.

© 1998 San Antonio Express-News.