By Matt Spector

The Daily Northwestern

When the Delta Tau Delta fraternity was removed from campus in June, it wasn’t the decision of the administration alone. Instead, it was the joint resolution of a body of students, faculty and staff.

The University Hearing and Appeals System is the branch of NU’s judicial system designed to put major disciplinary decisions – such as Delt’s – in the hands of community members.

“Rather than me or (Vice President of Student Affairs William Banis) or anyone else making these really tough decisions, we present the facts, but the community makes the decisions,” said Mary Desler, Northwestern’s associate vice president for student affairs and dean of students.

With a new director overseeing UHAS hearings and positions opening for students to get involved, administrators said students need to understand the system and its focus on creating a fair and productive environment for dealing with crises.

“My job entails making sure that students get an opportunity to be heard,” said Director of Judicial Affairs Jim Neumeister, who started his position in August, “and to address the issues that have come up and ultimately, hopefully that they learn from the experiences that they get.”

A UHAS Primer

Violations rarely go to UHAS because it is the highest and most serious level of NU’s disciplinary structure. Most incidents are resolved through the Office of Judicial Affairs or by other means. Last year, 819 matters were resolved administratively, while UHAS saw 21 cases.

Some of the most common infractions seen by UHAS involve the university policy that protects students from “physical abuse or any action that endangers the emotional well-being, health or safety of another person,” Desler said.

“That is a very common one to go to UHAS because that usually involves some kind of hurt, physical hurt or emotional hurt,” she said, “The other one that often accompanies that is alcohol.”

According to Desler, cases move to UHAS when a student or group does not agree with a proposed settlement, when an individual or group with multiple infractions violates another policy, or if an individual files a complaint straight to UHAS. Parties have up to one year from the date of the incident to file a complaint.

“Two students get in a fight off campus, and one can file a complaint regardless of the severity of the complaint,” Neumeister said.

The hearing system has three steps: conciliation, a formal hearing and the appeals process. Conciliation allows parties to mediate and come to an agreement without a formal hearing.

During the conciliation process, UHAS provides one faculty member, one staff member and one student as part of a “conciliation board” to help parties reach a resolution.

“There’s a real talent and a real skill to these conciliators being able to structure these conversations in ways that are going to be very productive,” Neumeister said. “The idea is to come up with win-win situations.”

If both parties choose to forgo conciliation or cannot come to an agreement, then the process moves to a hearing. Five students, three faculty members and one staff member sit on the hearing board, according to the student handbook.

“(In a hearing) there’s the board members, the parties and their representatives,” Desler said. “The parties could be a university administrator, perhaps one sitting as the complaining party on behalf of the university. It’s not that we have a particular axe to grind – the complainant is presenting the facts as the university knows them.”

Parties can choose to have an open hearing, submit witnesses and present documents and exhibits during the formal hearing process. If they are unhappy with the board’s decision, individuals or parties can file for a rehearing or for an appeal in limited situations.

Who’s Involved?

According to administrators, more than 50 individuals are currently involved in UHAS, and each level of disciplinary process draws individuals from a separate pool because each UHAS position needs different skills. Desler said UHAS members serve on various cases depending on their availability.

Associate Provost of Undergraduate Education Ron Braeutigam selects faculty members and Banis chooses staff members to be part of the system, Neumeister said.

Undergraduates are chosen by the current Associated Student Government president. ASG usually fills its committee positions during Spring Quarter, but the call for UHAS applicants goes out “as needed,” ASG President Jon Webber said.

“We look for several things – a student who loves Northwestern and cares a lot about the community, wants to give back a lot and is respectful,” said Webber, a Weinberg senior.

There are currently two vacancies for undergraduates and applications for the positions will be available within the next two weeks on NULink, Webber said.

Identities of those selected to serve on UHAS are kept secret so the system stays “as objective and untainted as possible,” Desler said.

“We don’t tell anyone that they can’t tell anyone they’re on it,” Neumeister said. “It’s up to them to do whatever they would like to do. It’s about the integrity of the system.”

a change in direction

A former staff member at the University of Maryland, Neumeister fills a position that has been vacant since October 2006. Prior to his start, Desler took on some of the head of the Office of Judicial Affairs’ responsibilities.

Neumeister said he hopes to reaffirm the appeals system’s commitment to fairness.

“It’s a change of scale, it’s about getting to know the university, getting to know the student body,” Neumeister said. “There’s a lot of new energy, but it’s going to take us some time to refocus what (the Office of Judicial Affairs) is about.”

Neumeister will sit in as executive secretary during hearings of the UHAS board.

“(The position) does not take any sort of role in the decision-making process,” Neumeister said. “They’re there to make sure all the parties are informed and to make sure that the rules and policies and procedures are followed.”

Neumeister said he was surprised by students’ behavior during the first weeks of Fall Quarter.

“What really alarmed me most were some of the safety issues,” he said. “We want (students) to be thoughtful about what they’re doing; we want them to be safe. We ultimately want everyone to have an opportunity to really explore what Northwestern is about.”

NU’s disciplinary process has three distinct goals, Neumeister said: to provide for the welfare of the community; to give students tools to make better, healthier decisions; and to maintain the integrity of the system and individuals involved.

Desler said she shares Neumeister’s commitment to giving students a say in matters that might normally be left to administrators.

“When I think about the situations that went to UHAS and (the Sexual Assault Hearing and Appeals System) last year, one thing that I think many students including student groups feel is that they have been heard,” Desler said. “I mean, imagine with my reputation, if I had the power to just wave my wand and do what I wanted; it’s so much fairer. I think students feel that when they hear the thoughtful questions that are asked – I know I believe strongly in the system.”

Reach Matt Spector at [email protected].