Page 10 THE BATTALION
WEDNESDAY, DECEMBER 6, 1978
Make This an Aggie
Christmas . . .
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Vol. 1 thru 5.
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On-cani^us narcotics control
One man determines discipline
Editor’s Note: Rick’s case is
hypothetical, but based on facts. An
article on page one of today’s Bat
talion explains the arrest process of
University Police. The other story
on this page describes the appeals
process open to students who are
punished by the University and
how other state universities handle
the drug problem.
By STEVE LEE
Battalion Campus Editor
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46-46
The University Police searched
Rick’s room and found one ounce of
marijuana. Rick was arrested and
charged with possession of a con
trolled substance.
Possession of one ounce of
marijuana is considered a class B
misdemeanor by law, and carries
with it a fine or a six-month jail
term.
Rick expected some action to be
taken by the University against him,
but wasn’t particularly worried since
he was arrested for just a finable of
fense. He was thinking maybe prob
ation would be the measure taken.
Rick’s fate rests on the decision of
Ron Blatchley, acting director of
student affairs, who conducts an
administrative hearing for the stu
dent.
“THERE ARE NO automatics,”
Blatchley said. “We are going to
provide a hearing for the student,
no matter what transpires. And
based on that hearing the facts as
they are, then I make a decision. I
look at all discipline on a case by
case basis.”
Just as off-campus violations
aren’t kept in University Police rec
ords, students arrested for posses
sion off campus aren’t disciplined by
the University. There is no
additional hearing for off-campus
violators.
Blatchley stressed that each stu
dent has an obligation to know the
University regulations handbook.
“By and large, when a student
enrolls at A&M, he literally signs a
Battalion photo by Karen Comelison
A “bong” is used to smoke pot.
contract,” Blatchley said. “In ex
change for signing up for classes at
A&M, the student is expected to
abide by the rules and regulations of
the University. Every student is not
only obligated to be aware of the
handbook, but forwarned.”
The University regulations hand
book outlines disciplinary policy:
who shall handle disciplinary affairs,
the offenses subject to discipline,
possible disciplinary action, stu
dents’ rights in disciplinary action
and the appeals process.
IT DOES NOT DESCRIBE
which disciplinary actions accom
pany particular offenses. The book
merely lists 22 offenses — ranging
from failure to report a current local
address to destroying campus prop
erty — and 11 possible disciplinary
actions. The actions range from ver
bal reprimand to expulsion.
Blatchley says that he acts as a
human element to interpret what is
in the handbook.
“We could have a computer do
this work here if all we used was the
black and white print, Blatchley
said. “That’s why an individual op
erates in this position to use what’s
in the black and white.”
The disciplinary decisions handed
down the past few years show a
more lenient trend than before,
Blatchley said. He says he has
“tempered, and this office has tem
pered” somewhat in regard to pos
session of controlled substances.
THE COURTS HAVE changed a
great deal in the way they have
handled the situation, in particular
marijuana. The police have changed
a great deal, and even though it is
still against the law, the law has
even changed,” Blatchley said. “It is
not as serious as it was eight years
ago. And that is true of this office
and the way I look at that kind of
offense. ”
Only four years ago, if a student
was suspended, the action remained
on his transcript permanently. To
day, the record of a student’s sus
pension is removed from his tran
script when he returns to school.
Blatchley said that he doesn’t
mind a resident adviser only warn
ing a student the first time he is
caught with marijuana or other
drugs. However, he said that if the
student has been warned and is
caught again with the substance a
second time, the resident adviser
should report the infraction. Blatch
ley added that he doesn’t want to
know about the warning when it is
given, but rather he is concerned
with the report to police or his of
fice. He stressed that this doesn’t
mean dorm personnel are supposed
to be lax.
“WHAT WE SAY to our staff, our
resident advisers and area coor
dinators, is that we are not going to
turn our backs on violations of the
rules and regulations and-or the
breaking of the law, ” Blatchley said.
“We have a responsibility to uphold
Vlt
that end of it.” L
U pon notification of an infiactj
Blatchley sends a notice of (k:| 2 t , r
to the student. In ourhpM
case, Rick received his notictiM roS p aC(
forming him that he hd tiro
days from the time he recehedu
iW in spat
notice to set up an administnA sp 0 tli
hearing. Klear p
I he notice included a copy [i JFr c j Cl i ^,
dents’ "Rights in Disciplinaiy«L r 0 j- r
from the handbook. A sli* e i|j tt
tes
tions
may be represented by co®» s
remain silent, present witnLEj oe i ect]
cross-examine witnesses, mjMg oe j n g
iver sal
'ger the
Hicrowav
pth, ea<
ijurh as 3
Ifiupport
povvei
evidence brought against
appeal the decision. Thestui
also given the right to ehooin^ble‘ 0 |
tween an open or a closed heiiLty a
SO, RICK ARRANGES (nf^e p o
administrative hearing 1'™
Blatchley. The evidence ism
against him and Rick maintai
the amount of marijuana fom
insignificant to warrant al
penalty. The hearing can
actual trial, and Blatchleyaloiit(i j| ( t ,]]jt es (
tides the outcome. kj c j|y p re
The hearing ends and, DiEiicXpc ,,.
Rick s dismay, he is suspense^(1 f 0r r
the semester. » ize d p
Tliis is not to say that thisaKfury
would be taken every tinif JpCritj,-.,, ,
similar circumstances. But EiiV
lev indicates that this decs ^ai
probable. ■sons wl
“THE WAY I OPERATE Enched ,
matters of minor possession, la,Jj (r fietio
we’ve warned him before, Ek® u t the
ley explained. "If we are
about major possession,
ounces or more, or sales a
itation, I don’t worry al:
warning. Because the sti
warned by the handbook."
Rick was warned by his
adviser a few times befon
rest. And on that basis, Rick3i|jj); t || trial
lie shown to the nearest exit. E en year
Although the severity of tk« c ientist
fense is certainly considtmded for
Blatchley said that whethe;M a hb
charge is a class A or BwfvVe coi
demeanor, or a felony, isnoiM" said
side red. Intist in
(Be Nation
jdininistr:
the SPS
fended am
age S4 mil
Cor
it step tc
festiiition
But
Students can appeal punishment |
Editor’s Note: Rick’s case is
imaginary, but based on facts. An
article on page one of today's Bat
talion describes the University’s ar
rest policy. The other story on this
page explains how the University
may punish students who are
caught using drugs.
“Students who have been as-'
sessed a disciplinary sanction by the
office of Student Affairs may file an
appeal with the chairman of the
University Disciplinary Appeals
Panel. An appeal must be based
upon some specific aspect of the
previous hearing; for example, un
just punishment, unfair trial,
violations of due process.”
So states the Texas A&M Univer
sity regulations handbook. And Rick
has decided to appeal his suspen
sion, for possession of marijuana, on
the basis of unjust punishment. His
family hired a lawyer to represent
him.
RICK WAS GIVEN three days
after he received the suspension de
cision from the Office of Student Af
fairs to file an appeal. Failure to do
so would terminate his appeal.
He filed in writing with the Uni
versity Appeals Panel and stated the
basis of his appeal. He also re
quested a closed hearing, which is
his option. Rick was exempt from
the suspension until his appeal
could be heard.
The appeals panel made up stu
dents and Facility. The chairman of
the panel is Dr. Lonnie L. Jones, an
associate professor of agricultural
economics. Other panelists include
four faculty members and five stu
dents. The chairman is a non-voting
member.
Jones says the panel was selected
at random by the University. Jones
has served as a member of the panel
for three years and as chairman for
two years. Jones serves as a judge in
the hearings and schedules them.
JONES SAID THE PANEL
handles few drug possession appeals
compared to other offenses such as
theft. A wide variety of offenses may
be handled by an administrative
hearing and then the appeals panel.
The panel also hears scholastic dis
honesty cases.
The process of the hearing is
more like an actual trial that an ad
ministrative hearing is with the
jury-like presence of voting mem
bers. There may be lawyers, witnes
ses, documentary evidence and
cross-examination — and it can be
lengthy.
After both sides have appeared
the panel deliberates on the deci
sion. Their decision is a powerful
one because it is the final word. If it
rules against the punishment
hid it cc
■arisen :
essary t
feg bugs ai
Iven then
dent for possession of marijiuitpy exper
cording to Julius Gordon,jbeing esti
dean of students at Houston. Splitting
“The student isn’t exempt ofb.t at bet
the regu lar laws of the state. 1 |i 0 n.
don said. "But they are dealli
by the courts, not the univerat 1 7
Gordon said a dorm policy: t
hibits possession of drugs. Itbs
lar to A&M’s policy in that the |
dent can be warned uponb
he dill
DALLAS HOLM
S un
ministrative
hearing, but decides to set an alter
nate penalty, then it must decide
what the new penalty will be. The
panel “renders a decision in writing
within a reasonable time after the
hearing is completed,” according to
the handbook.
SO, THE DATE of Rick’s appeal
is set. Arguments are heard on both
sides and the hearing goes into
overtime. The panel deliberates on
the case and the hearing is ad
journed.
At this point, our hypothetical
case must end. Since final discipli
nary action is kept confidential by
the University, there is really no in
dication of how successful an appeal
in this case would be. Jones did say,
however, that a “significant per
centage” of students win their ap
peals.
But there remains one basic ques
tion regarding University policy. If
marijuana laws and University pol
icy on possession are indeed becom
ing more lenient, like Ron Blatch
ley, the acting director of student
affairs, says, then why does the Uni
versity feel that it can still suspend a
student for this offense? Blatchley
cites an obligation to the state as the
reason:
“THE STATE HAS CHARGED
the University with the responsibil
ity to promulgate rules and regu
lations, and to do whatever is neces
sary to maintain the building and
properties that belong to the state.
And that means that you can’t con
done the breaking of any rules and
regulations, and the courts have said
that the University may establish its
own regulations, including penalties
to outfit any needs in terms of regu
lating its on-campus property.”
However, the University of
Houston is a state-supported school
and it has never suspended a stu-
TO
Unit*
caught the first time. But, iftke
dent is caught a second time.iT
kicked out of the dorm butnej
university.
STRANGELY ENOUGH,
don speculates that UHs
policy soon may become sMOUNl
strict — possibly in the s ^us, the
semester — rather than morels® the bri
School officials are consideriisBta sky, v
establishment of student heari lB-pound
which drug possessors mayh em orbit
ject to suspension, but wou0ejfioneer-\
cially apply to pushers, G Pthe first
said. Bted NA;
George Scott, associate di:P sulfurou
of the Division of Student bpps the 1
Texas Tech University, saiWugh to r
school is concerned primarihwMission
student conduct. Therefore, |«ies Reset
on-campus and off-campus stJ Pncisco pi
are subject to possible suspePen Orb
for possession of drugs. Bion-mile
“Most cases are handled Pec and c
something less than suspensioa# of radio
his doesn’t mean that peopled ^Midway l
been suspended,” Scott said.‘Wt aroum
case stands on its own, I’msuifl
haven’t suspended anybodyfei]
session this year.”
TECH IS SIMILAR to
A&M in that no set guide!: 1
specify what disciplinary acti* 1
offense could bring.
“We don’t say that ifyoi
caught with one ounce tkai
happens or that,” Scott said
handled individually. And an;
brought to this office is hantfc
any way from a verbal reprint
suspension.”
Dr. David McCIintock, assS
dean of students at the Univers'
Texas, said students there are
ject to suspension and cases art ;
cided on a case by case basis,
on the severity of the charge
also said that off-campus stud
who are caught with narcotk*
state property are also subjee*
suspension.
Expert asks support
for humanity studm
in concert
dec* 6 Opm
RUDDER THEATER
free admission
Sponsored by Chi Alpha and the Religious Council of Texas A&M.
Free-Will offering will be received for performers.
United Press International
AUSTIN, Texas —The president of the National Humanities W
ter says the federal government must help subsidize the study of^
humanities or the nation could lose a generation of talent.
Dr. Charles Frankel, in a keynote address to a University ofTef
symposium on Government and the Humanities Monday, called
eral support for humanist studies critical.
Frankel said the humanities are unlikely to receive extra sir.
from any source other than the federal government and without itt
nation stands to lose a “generation of talent that will be forced in 5
other occupations.”
What is at stake in government support for the humanities, hesai
“is the quality of the environment in which Americans live, tW
environment in its most important aspect — not its physical asp^'
though that too is involved — but its imaginative, its moral, itsesfr
tic, its intellectual aspect.”
Frankel said decisions on the humanities will determine whaU;
tematives are available to the public to choose between the usefc
and the useless.
“What will our country offer its members as diet for their mi:
and souls?” Frankel asked.
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