University of Virginia Library

New Judiciary Constitution
Submitted To Student Body

By Donn Kessler
Cavalier Daily Staff Writer

Students in the College will be
asked to decide on a new proposed
Judiciary Committee Constitution
in next week's elections.

The proposed constitution contains
several revisions including new
areas of original and appellate
jurisdiction.

Under the new constitution, the
committee's original jurisdiction
will include cases in which students
have allegedly broken University
rules on drugs. The only time the
committee will not act on such a
case is when the student involved is
under medical supervision or when
the case has been referred to health
officials.

Student Disorders

In the area of appellate jurisdiction,
an entirely new procedure has
been set up to deal with disorders
on the grounds. If a student
disorder was to take place, the
Dean of Student Affairs could
immediately impose sanctions on
any students involved. These
sanctions could include suspension
and probation.

Following the Dean's action,
any student who felt that his
punishment was unjust, could
appeal the decision to the Judiciary
Committee

If the student was not satisfied
with the decision of the Judiciary
Committee, he could appeal the
punishment even further to the
University Committee on Students
for a new decision.

Also in the area of appellate
jurisdiction, the Judiciary Committee
could review decisions from any
University committee having judicial
powers.

A new area of non-exercise of
jurisdiction has also been included
in the proposed constitution. In
this area, if the Judiciary Committee
believes that it is under
extraordinary pressure due to a
large number of cases, it can refer
the cases to the Dean of Student
Affairs for disposition.

Fair Trial

In this respect, however, "the
committee and the Dean would
probably set up boards to decide
these cases," according to Joshua
Fletcher, Chairman of the Judiciary
Committee. The reason for this
type of action, according to Mr.
Fletcher, would be to insure a fair
and speedy trial to the accused
student.

Changes in the procedure of the
Judiciary Committee are also included
in the proposed constitution.
The first of these changes
would concern open trials. If the
accused student desires, and the
Judiciary Committee finds it appropriate,
the trial can be opened to
the public.

The committee reserves the
right, under the proposal, to recluse
the trial if order and decorum
during the trial is affected by the
public.

One of the major revisions in the
proposed constitution deals with
the procedure of review of committee
decisions by the Dean of
Student Affair Instead of the
Dean having the right to review and
change the committee's decisions
and punishments, the Dean will
only recommend new decisions to
the committee.

A new provision in the constitution
also establishes a procedure of
special review. In this area, if the
Dean of Student Affairs feels that
the Judiciary Committee's decisions
are "so inappropriate that they are
not in the best interests of the
University" or that the decisions
showed total neglect of the committee's
duties, he could refer the
decision to the University Committee
on Students. This committee
would have final say on the
decision or could refer it back to
the Judiciary Committee.

Membership Change

The membership of the committee
is also to be changed if the
constitution is approved by the
student body. The committee
would be expanded to fourteen
members. To handle the admission
of women into the University, they
would also be able to run for
committee membership.

The requirements for membership
are also more specifically listed
in the constitution.

A final change in the constitution
concerns constitutional amendments.
In the upcoming election,
60 per cent of the student body has
to vote and a majority have to
approve the proposed constitution.
If the constitution is passed, it
would change this requirement to a
majority voting in approval of any
further amendments if at least 40
per cent of the student body voted
in the election.

The constitution has received
support from two areas. In the law
school elections, with over 60 per
cent of the law school student body
voting, seven out of every eight
voters voted in favor of the new
constitution.

The proposed constitution has
also been endorsed by Edgar F.
Shannon, President of the University.
In a letter to Mr. Fletcher, Mr.
Shannon stated that, "the proposed
constitution...embodies a number
of significant changes which I
consider will greatly enhance the
effectiveness of that body (the
Judiciary Committee.)"

Mr. Shannon continued in his
letter. "I am hopeful that when the
referendum to approve the proposed
constitution is held in the
next several weeks, the student
body will give your (the Judiciary
Committee's) efforts its wholehearted
endorsement."