Current system throws students into lion's den

Article here. Excerpt:

'I write to you today to voice FIRE's strong support of [North Dakota] SB 2150 [see MANN item here]. This legislation provides university students facing serious, nonacademic disciplinary charges the right to be represented by an attorney or other advocate of the student's choosing in a campus hearing.

This legislation is sorely needed because today's colleges and universities operate what amounts to their own parallel justice system while failing to provide the meaningful due process protections guaranteed in our nation's courts.

Universities throughout the commonwealth hold hearings for a wide range of serious offenses including theft, harassment, assault, drug and weapons possession, stalking and rape. Until SB 2150 is passed, students in North Dakota's public universities accused of such serious misconduct will continue to be forced to represent themselves — alone — against experienced and professionally trained deans, administrators and university attorneys in proceedings that fail to guarantee core components of the right to due process.

The status quo is fundamentally unfair, and legislative action is required to rectify it.

The stakes are very, very high; the results of these hearings dramatically change the course of students' lives. An expulsion for criminal activity will have lifelong consequences for a student's education and professional career. Such a finding impedes a student's ability to secure jobs — even jobs that do not require a college degree.

After all, why should an employer take a chance on a "proven" rapist or thief?

Complicating matters further, nothing prevents criminal prosecutors from using statements made in college courts against the accused in criminal proceedings. Without a lawyer during these campus hearings, students may unknowingly waive Fifth Amendment rights.

If college tribunals were adequately protecting students' rights, this bill might not be necessary. But that is not the case. FIRE learns of shocking due process abuses from college students across the nation every year.'

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