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The Student NewsfMiper of the Univernty of North Carolina at Charlotte
Qtarlotte, North Carolina
Volume XIII; Numoer II
/ November 15, 1977
Judicial Act Delay j
Due To ‘Politics’?
Miss 49er Pageant-
By Nancy Davis
The issue that could possibly be
described as the biggest controversy so far
this year on campus is presently only a
controversy in the student government
office. The issue is the new proposed
Judicial Act (officially called the Student
Disciplinary Governance Act for the
University of North Carolina at
Charlotte), which if approved will change
the structure of the student courts, the
responsibilities of the student legal
assistants, and the process of trying cases.
However, Student Legislature is
working with it now with the problem
being that 95 per cent of the students
don’t know about the new act or how it
will affect them. Work began on the new
act this past summer with plans to have it
approved by legislature early in the
semester. Yet, only a few know where it
stands right now or the necessary
procedures left in order to get it passed.
Many are asking what the hold up is
and why it is such a controverisal
document. Feeling that an undercurrent
of desentment among the student
legislators is present, Forrest Bowen,
former attorney general and one of the
authors of the new act, describes the
cause for the delay as political. Referring
to other controversial issues that have
passed through legislature with no
problems, Bowen said, “If legislature
really wants to get it done, they’d pass it
in a motion.”
According to the present Attorney
General Jeff Hall, the legislative process is
holding up passage of the act. Hall
explained that “legislature is going over
the act word by word, line by line...to
steam out any differences.” He feels the
new Judicial Act should have been
presented to legislature earlier in the year.
Judicial Committee Chairman Gary
Rogers is not sure how to explain the
act’s delay in getting to legislature.
Rogers said that awhile back, Dennis
Rash “...claimed he put the new
Governance Act in Karen Cozart’s (then
acting Judicial Committee chairman) box.
She claims she never had it.” However,
Rogers believes the main problem with
the new Judicial Act is that it is a
“violation of the Student Body
Constitution,” and that “it is going to
take time for it to be approved.”
The difference in the new act and the
old one are a major reason for its extreme
controversy. The old act requires a
student court to hear all cases, while the
new act will replace it with an appointed
Hearing Board. JThe entire trial
proceedings will differ also. Instead of the
attorney general concentrating on the
prosecution and the legal counselor on
the defense, under the new act, both sides
will gather evidence and-present the facts
to the Hearing Board. The Hearing Board
will make a decision as to whether there
is any reason for punishment.
Hall feels the new act is “fairer to the
students who have done a wrongdoing.”
He feels that under the old act, the
attorney general and legal counselor were
always clashing, “one wanting to hang
him, the other wanting to get him off.”
Now with both offices only gathering
information and presenting them to the
Hearing Board, Hall feels that more
justice will come through this new
system. The attorney general loses power
under this new act, also.
Roger’s belief that the act is in direct
violation of the constitution has slowed
down his committee’s work. Even though
the new act redefines the supreme court
and the attorney general’s office defined
in the constitution, Rogers feels that his
corrunittee’s hands are tied because “the
Chancellor doesn’t even recognize the
constitution.”
The new constitution, passed in the
student elections of 1976, is not official
until the Chancellor has approved it and
puts a limit on how it can be used by the
students. Therefore, Rogers feels that the
act is either going to have to be rewritten
to fit the constitution or that the
constitution’s going to have to be
changed in a student referendum to fit
the Judicial Act. “Or,” explained Rogers,
“we’ll have to sit down and write a'Yiew
constitution,” which will also have to be
passed in a student referendum.
The idea of waiting for changes in the
constilution doesn’t settle too well with
Bowen. He explained that when his
committee began writing this act this past
summer, it was apparent that the
constitution would have to be rewritten.
Throughout the summer, Bowen said he
kept in contact with Student Legislature
Chairman Jack Summerlin, and was
“always promised that it wouldn’t be a
problem.” The constitution was going to
have to be rewritten to include the Fees
Commission that was formed last year.
“There are parts of it that are just
totally unacceptable to me,” said Rogers'
about the new act. “I’m very serious
about it...I’m concerned with the
students ahead of me.” Rogers admits the
Judicial Committee is having a hard time
trying to accept certain areas of the act
and is meeting weekly to discuss the act.
Negleatfu Jones (top and lower right) won the seventh annual Miss 49er
Pageant over nine other contestants, includirig Sandy Robinson (lower
left). • “
Last week, only three out of the eight
committee members showed up for the
meeting.
Hall is looking for efficiency in his
office and feels that can best be found in
the new Judicial Act. According to Hall,
there is a “significant amount of back log
of cases” that must be tried this semester.
He feels the old act is “ineffective and
inadequate.” Yet Rogers is concerned
with the rights of the students,
questioning wliat happens to a student’s
defense under this new act.
Bowen, however, feels that if
legislature doesn’t do something soon, the
administration is going to step in and set
up the act themselves. He used the Fees
Commission, set up last year by the
administration, as an example. Bowen
explained that the Student Legislature
was misallocating funds and violating the
law and the administration had to take
matters into its own hands. Now he feels
One Year After Petitions and Implementation, It's A ‘Non-Issue’
Smoking Ban: Most Students Like It
the chancellor and administration could
be forced to act again.
“1 don’t know what’s going on,
except that it’s creating more distance in
jthe student government office which has
lan affect on the Judicial Act. Ultimately,
the 1 administration will step in and not allow
us to drag our feet,” said Bowen. “In the
old act there were a lot of legal
inconsistencies...violations of the
law...real legal problems...and loopholes'
;to get off on,” Bowen said.
' ' For now, the old system must be
used to handle the cases, whether
individuals agree on it or not. “We still
have the old court system. We sat on it all
semester,” said Rogers, agreeing that the
old act should be used now. Yet, Bowen
feels it is “disfunctional for those
students needing help and not having the
means to do it.”
Next week: UNCC administrators’
- voice their opinions of the Judicial Act.
By Steve Bass
Almost one year has passed since
Chancellor D.W. Colvard banned smoking
in all classrooms on the UNCC campus.
The ban had its origins during the fall
registration for 1976. Students opposing
classroom smoking manned desks
requesting students to sign petitions
urging the ban. Cliancellor Colvard, upon
receiving the petition announced smoking
would henceforth be banned in the
classroom. “No Smoking” signs were
posted in every classroom and professors
were instructed to enforce the regulation.
The ban met with initial resistance from
students unhappy with the decision and
the method employed to have the ban
created. Today, one year after the initial
response the ban is viewed, in the words
of UNCC Director of Public Information
■Ken Sanford as “a non issue. Most
students don’t seem to care. They view
the ban as accepted fact.”
Students interviewed in the
commuter cafeteria generally agreed with
Sanford’s opinion. Junior Doug lluss, a
business major said, “I like the ban,
because 1 don’t smoke myself. Smoke
really bothers me. 1 guess for me the ban
was a case of the sooner it went into
effect the better.” (corn’d, on p. 4)
On The Inside:
• Neil Young Puts
His Entire Career
On One Album
(p.lO)
• Rogues W Rascals
Situation Improving
(pA)
• Will Rogers Is
Alive And Well
At UNCC
(P-2)