The UCSD administration will be given another chance to present its case against the Koala at a newly rescheduled campus-wide judicial board hearing scheduled for the evening of June 5.
The rescheduled hearing comes after Director of Student Policies and Judicial Affairs Nicholas Aguilar nullified the May 22 proceedings, where UCSD representative Cara Silbaugh left the hearing after her motion to exclude members of the campus media from attending the hearing was denied by Judicial Board Presiding Officer Parisa Baharian.
Koala principal member Jeremy Rode said he is confident the judicial board will rule in the Koala’s favor, regardless of the administration’s plans to retry the student organization.
“”I’m completely optimistic because the facts are on our side,”” Rode said. “”All be revealed on Wednesday.””
admit media into the proceedings conflicted with the university’s duty to defend students’ right to privacy.
“”Student disciplinary matters have consistently been conducted as confidential proceedings in accordance with UCSD Student Conduct Code Sections 22.17.16.16.a and 22.17.16.16.b,”” Aguilar stated in an e-mail to the Guardian.
Koala Editor in Chief George Liddle said the administration’s nullification was illegitimate.
“”As far as the Koala’s stance on the nullification, we think it is totally unjustified,”” Liddle said. “”It’s just an example of the university cheating under its own rules.””
Vice Chancellor of Student Affairs Joseph W. Watson corroborated Aguilar’s reasoning for nullifying the May 22 proceedings, saying the policy is designed to protect students’ privacy.
“”Whether a case of student misconduct has either a great deal of media and public interests or none, it is the administration’s obligation to ensure the integrity of the procedures and the protection of the rights of the accused, accusers and witnesses,”” Watson stated.
In a May 20 pre-hearing conference, Baharian rejected the university’s objection to media presence during the proceedings, basing her decision on documents presented by Guardian editors, including federal and state interpretations of the Family Education and Rights to Privacy Act.
At the pre-hearing trial, Baharian said that it was her duty to rule on the presence of nonparties at the meeting per section 22.17.16.15c, which mandates that the “”presiding officer may solicit and rule upon any challenges under Section 22.17.16.16.””
The Student Conduct Code also allows the presiding officer to make rulings that would “”… assure that the hearing is conducted fairly and efficiently”” during the pre-trial hearing. At the May 20 meeting, Baharian said that opening the hearing to campus media would further legitimize the proceedings.
Section 22.17.16.16a of the UCSD Student Conduct Code cites that judicial board hearings “”will normally be treated as confidential and closed to the public unless otherwise agreed to by all accused student(s) and participating individuals including witnesses, who are entitled to a claim of right to privacy under UCSD regulations.””
Despite Baharian’s reasoning, Watson said the administration can invalidate the decision on grounds of procedural error, which they say apply to Baharian’s actions.
“”In order to protect the rights of the parties directly involved in a case and ensure the fairness and integrity of the hearing process, the administration has the right and the obligation to take actions to correct judicial board procedural actions,”” Watson said.
The student conduct code also entails the process by which the case is opened to the public, which includes making a written request to the appropriate dean five days prior to the hearing.
As of press time, Liddle was the only involved party who said he requested an open hearing.
The Koala faces charges of violating conduct code when it allegedly participated in the “”disruption of a UCSD event”” when members of the Koala attended a meeting of the Movmiento Estundiantil Chicana/o de Aztlan on November 19, 2001.
[Editor’s note: Parisa Baharian is a Senior Staff Writer at the Guardian.]
