For most Fairfield students, a run-in with judicial usually results in a locked townhouse basement, a fine or attendance at Alcohol 101, but with more severe punishments, Fairfield’s system might not be entirely fair.
With the recent William Rom case, where Rom sued Fairfield University for economic and non-economic damages after his expulsion in 2002, due process at Fairfield has been questioned.
According to Dean of Students Thomas Pellegrino, the student handbook is reviewed and updated every year. It is too early to determine if any changes will made based on Rom’s case because it is still pending, Pellegrino said.
“Changes in the code of conduct or the student conduct process are typically the result of experience, borne out by numerous cases, not just one,” Pellegrino said.
Rom claimed in his testimony to have been given the right to face his accusers.
“Student Conduct Boards always ensure that the student brought up on charges is able to confront and question any witnesses or accusers,” said Chief Justice of FUSA Student Court Chris Gradel ’06.
But Rom wasn’t allowed to bring a personal lawyer to Student Court.
Students are not allowed to have an outside counsel advise them in their cases, according to Gradel.
Rather, during hearings, students have the option of having an advisor aide them in their case. When this occurs, an associate justice from the court steps down from the voting capacity and act as an advisor to the student, according to Gradel.
Many students say they don’t think the current process is fair.
“If I were facing serious repercussions,” said Jon Seylar ’07, “I’d want a lawyer to help represent me.”
“I would most definitely want an outside lawyer,” Christine Passarella ’07 said. “I think it’s a complete bias to assign a faculty member to counsel a student.”
According to Gradel, a Student Conduct Board is organized with two Student Court justices, two faculty or staff members, and an additional faculty member who serves as a secretary and convenes the hearing.
When a student’s case is brought to court, the student provides FUSA Student Court with a written statement of the incident.
After the student is advised of the charges, the student is asked to give a verbal explanation of the incident. The Public Safety or RA report is read, the court panel questions the student, and the student is then dismissed.
Once the student returns, the decisions and sanctions are read to the student followed by what the Student Court calls the “teachable moment.”
According to politics professor Donald Greenberg, it would not only be just for Fairfield to allow students to have counsel at their own expense, it would very wise.
But universities are free to handle their own internal matters however they want and individuals who are penalized are free to go to outside courts, according to Greenberg.
“We’re not out to punish our peers,” Gradel said. “Rather, we are in this to help others see the errors of their ways and to hopefully steer them back on the right track.”
Gradel said when a case has the possibility of student expulsion or suspension, the process of the hearing is “somewhat changed,” since the student is provided with an advisor from the faculty to aid the student during the process.
Not all students think the current system should be changed. Sarah Regan ’07 feels that students should accept Fairfield’s policies.
“By confirming our acceptance to Fairfield we agree to be held to higher standards by attending a private institution,” Regan said. “We agree to follow the policies that are already in place.”
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