Public may be privy to judicial affairs cases

The Student Senate and the university have both come out in favor of releasing information about the results of judicial affairs proceedings against students charged with violent acts.

Until three years ago, federal law mandated that universities keep all their judicial records sealed. In 1998, that law was amended to allow the release of cases involving violent crimes.

However, Eastern still does not release any information regarding judicial affairs cases to the public, said Lou Hencken, vice president for student affairs.

Hencken said the current policy was because of a lack of interest in the cases.

“The reason we haven’t (released information) is we never had anybody come and ask for it,” Hencken said.

Hencken said the university is in favor of releasing information about violent acts except when there is an ongoing investigation into the case.

The Student Senate passed a resolution last week recommending for the judicial affairs committee to release the name, the charge and the result of students who undergo a university judicial hearing for crimes such as rape, murder, arson and robbery. Several student senate members agreed with the university and supported the release of information to the public.

Other senate members disagreed and said the inevitable publicity resulting from the release of information was both unnecessary and harmful to the accused.

“It’s a good idea, but it has many negative repercussions,” said senate member Nina Samii. “By publishing information on a sex offense (that you commit), it could put you at risk. It could make you a potential victim.”

“If you do commit a crime or a violent act, I do not think the entire campus should know what you’ve done,” said Art Davis, student vice president for academic affairs. “That is your own private information.”

Keith Kohanzo, director of judicial affairs, said while he was in favor of releasing the name, accusation and any punishment given to a student convicted of a violent crime, he saw some drawbacks to the proposed change in policy as well.

“It’s not quite as good of an idea as it seems on the surface,” Kohanzo said. Kohanzo said only being allowed to release just these three facts about each case does not allow the public to understand the background of the case.

For example, he said, a student convicted of assault could go tell the campus how he did not receive a fair trial, and the judicial affairs committee would be prohibited by law to reply.

“Even if we know the facts, (the convicted person would say they) aren’t right; we aren’t allowed to counter that by law,” he said.

The senate’s resolution now goes before the President’s Council and the judicial affairs committee.