Homof Couflrt busy
By CATHERINE COWAN
Stan Writer
Students do not violate the honor
code only during the regular school
year. According to Student Attorney
General Walker Poole, the Under
graduate Court has met twice a week
throughout the summer to hear cases
of alleged honor code violations.
Poole said the Court hears two
kinds of cases during the summer.
"The majority are carry-overs from
the spring semester," he said. A few
are from final exams, and most are
from final research term papers.
These usually can't be heard before
the spring semester is out, so we try
to get them done during the summer
as soon as possible. Then we have
cases that arise during summer
school, but there are usually not
many of these," Poole said.
Poole said that so far this summer
only one case from summer school
has been heard, but that two to three
others are pending.
Perhaps the major difference
between an Undergraduate Court
hearing during the summer and a
Court hearing during the regular year
is that during the year the defendant
is tried by the Court of Original
Jurisdiction, a panel composed of
five student members of the Under
graduate Court headed by the Under
graduate Court Chair or one of the
three vice-chairs. During the summer
they are tried by the University
Hearings Board, a panel composed
of one administrator, who chairs the
hearing, two students and two faculty
Charges against Goetz
From Associated Press reports
ALBANY, N.Y. The state's
top court reinstated attempted
murder and assault charges Tues
day against Bernhard Goetz for
shooting four youths on a Man
hattan subway, and his attorney
said he welcomed a chance to bring
the notorious case to retrial.
Goetz, 39, an electronics worker,
was praised as a heroic crime victim
by some and blasted as a trigger
happy vigilante by others after he
admitted shooting the four teen
agers on Dec. 22, 1984, after one
of them asked him for $5.
Goetz, a white man who had
been injured in a 1981 mugging,
has said he was acting in self
defense because he feared that the
four black youths were about to
rob him. The youths have said they
were panhandling to get money for
video games.
He was indicted by a grand jury
on four counts of attempted
murder and four counts of assault,
but those charges were thrown out
by lower courts. The New York
Court of Appeals unanimously
overruled those lower courts and
declared that a jury must get a
chance to decide Goetz's guilt or
innocence.
Goetz's defense attorney, Barry
Slotnick, said he would not appeal.
Although disappointed by the
ruling, Slotnick said, "What is
about to happen is perhaps the best
thing; Bernhard Goetz will go on
trial. The public will now see and
know all the facts and he will
ultimately be acquitted by a jury
of his peers."
Goetz told reporters in New
York City that he was not sure what
members. The main reason for the
difference is that there are not five
Undergraduate Court members in
town this summer who can meet
twice a week to hear cases, Poole
said.
Mary Evans, former Student
Attorney General, said there were
many pros and cons to this differ
ence. "The con is that you don't have
five students you have a mix. On
the other hand, everyone has gone
through training. They are all emi
nently qualified, and all very fair.- If
you waited for all students, you'd
have to wait three months," she said.
Another difference between the
summer Court and the regular year
Court is that the Court does not meet
as often during the summer, Poole
said. "During the regular year there
are two heaings every Monday and
Thursday night, but there is a good
chance that once every two weeks or
so a session will be cancelled because
there will be no case. During the
summer there is one hearing every
Tuesday and Thursday. This also
might not always be full, but so far
this summer it has been pretty full
because weVe been finishing cases
from the spring," Poole said.
Poole said that the process a case
goes through during the summer
once it is reported is not much
different from the process it would
go through during the regular year.
"The main difference is that during
the year I will assign one of my
assistants to be investigatory council
to the defendant, the person who
the trial might deliver, but added,
"perhaps the most important thing
is that New York is going to have
to look at where it's going."
The ruling "is significant because
it clarifies the law of justification
in New York." Morgenthau said.
The Court of Appeals over
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presents the evidence that supports
the charge. But during the summer
I typically handle the investigation
myself," he said.
Honor Code violations can be
divided up two ways, Evans said.
"One way to divide them is into
academic versus non-academic
offenses. Another way to divide
offenses is into Honor Code versus
Campus Code violations," she said.
Honor Code violatons include lying,
cheating and stealing related to
anything that involves academics or
the University. Stealing a computer
from Phillips Hall or cheating on a
midterm would fall under this.
Campus Code violations include
anything which compromises the
welfare or educational opportunities
of another. This would include things
like any kind of racial or sexual
harassment, hazing, or theft of
personal property," Evans said.
Evans said that the usual sanction
for academic offenses is suspension,
while non-academic offenses carried
a variety of sanctions. "The sanctions
for academic offenses start with
suspension," she said. "This applies
whether it is homework or a final
exam there is no degree of
cheating. It would only be reduced
to some kind of probation if there
is some kind of unusual circumstan
ces. Or if it is very serious or a repeat
offense, the person may receive
indefinite suspension or expulsion.
"Campus code offenses have a
whole range of sanctions. There we
look more at questions like the
reinstated
turned a ruling by the Appellate
Division of the state Supreme
Court that the prosecutor on the
case had erred by telling grand jury
members to consider what any
reasonable person would have
done when confronted by the same
situation as Goetz in the subway.
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The
amount of harm it did to the uni
versity and the likelihood it will
happen again. We distinguish
between someone who steals peanuts
from the Student Stores and some
one who steals a Macintosh (com
puter)," Evans said.
When a report of an honor code
violation is made to the Attorney
General's office, it has a long process
to go through before it is actually
heard, Evans said. First, the Attorney
General conducts a preliminary
investigation in which he decides
whether there is sufficient evidence
to suggest a violation occurred. If he
feels that there is enough evidence,
a charge will be made and the case
will be turned over to an Assistant
Attorney General. The AAG issues
a summons, which is a written
statement notifying the person of the
charges, and conducts a preliminary
conference in which the defendant is
told all the rights guaranteed to him.
The AAG then assigns one staff
member to be the investigator, the
person who presents information
which supports the charge, and one
staff member to counsel the defense
and present information which
refutes the charge. Unlike a typical
court, however, the Undergraduate
Court is non-adversarial. The inves
tigator, defense council and Attorney
General have access to the same
information and evidence, and dur
ing the hearing there are no surprise
witnesses or evidence.
Finally, after listening to all the
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evidence, the five court members give
their verdict. If it is not guilty, the
case is dismissed. If the verdict is
guilty, however, the Court must
decide on sanctions. At this stage,
both sides may present character
witnesses. Evans said the reason this
is kept until after the verdict is that
a one's character does not have much
to do with whether one is guilty or
not. "A person who is not very nice
may be innocent, but a someone who
is a great person may have just made
a mistake," Evans said.
"... (The legal process is) com
plicated and involved, but it is also
a very fair process," said Evans."We
want to make sure the accused
student gets a fair shake."
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