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Ingber ’15: A call for independent student advocates

Brown’s resources are vast. From academic tutoring to centers for exploring ethnic and religious identity, students on campus have a multitude of doors to walk through for guidance. As a Meiklejohn peer adviser, I have learned a great deal about where students should seek help.

But almost all of these resources are managed and funded by Brown itself and provide little help should a student be involved in a conflict with the University. Students face numerous challenges that a dean or University administrator cannot solve or provide advice about because they are in fact part of the body charged with handing down certain decisions or disciplinary actions.

What we need is a non-partisan public defender’s office to help students navigate claims or disciplinary procedures in which the University is a party. While in theory, a Chinese wall could exist between Brown’s disciplinary body and a separate administrator providing counsel, it is hard to argue that the interests of these two parties would not be aligned. The Student Code of Conduct is extremely complicated. The average Brown student without profound legal interests would have exceptional difficulty interpreting the twists and turns of the difficult language and compliance measures with federal legislation. An office analogous to that of a public defender would be an invaluable resource to students who suddenly find themselves in some kind of dispute with the University — a similar office known as the “ASUC Student Advocates Office” already exists at the University of California at Berkeley.

Disciplinary hearings are incredibly bureaucratic. Ad-hoc committees and bodies spring up with little explanation to the student on the hot seat. While the Office of Student Life puts forth a bill of “Student Rights and Responsibilities,” would it not be invaluable to have an advocate whose sole job is to help students assert those rights?  For example, this statement protects students against providing self-incriminating information, but who is there to ensure this right? The University, who might have an interest — perhaps with good reason — to rule against this student? Outside the gates, this is the job of an attorney: to protect the procedural rights of a petitioner or respondent. Every individual dealing with some sort of dispute with the school deserves an advocate. Who better to do so than a fellow peer who has amassed expertise in campus affairs?

Consider for a moment the widespread utility of such a resource. For standard disciplinary hearings regarding property theft or vandalism, it seems self-explanatory that students would benefit from an official advocate. Appearing before a panel of administrators can be terrifying, and students could have an impulse to forfeit their story or rights in favor of expediency to end the ordeal. Similarly, the University’s drug and alcohol policy is murky and often selectively applied. Greek and program houses, as well as other student groups who hold registered social events, might receive charges and attend hearings in which they could benefit from a student advocate who is able to clearly explain the existing rules and disciplinary procedure.

This resource could also serve students involved in a sexual assault complaint. In recent months, there has been a multiplication of discourse about the pervasive nature of sexual assault, the student code and, most complicatedly, Title IX. While this remains a fraught issue that involves multiple legal hurdles, a group of students who have amassed knowledge of University protocol and complex Title IX procedures could serve the student body well.

But this resource would not only serve the accused or those seeking to file a claim against another student. I envision this office, as inspired by Berkeley’s model, to assist and advise students when they petition the University itself, mainly for financial aid. The financial aid process can be incredibly confusing for any student, especially for those who might have a sudden change in their financial situation partway through their college career. Imagine if there were a place to go where a group of students could guide you through this process, providing advice and explanations for each step in filing a claim. The same goes for filing a claim against another student — such as in the case of sexual assault — or against a University official or professor, which would be nearly impossible to bring to one of that person’s colleagues.

It seems to fall under the jurisdiction of the Undergraduate Council of Students to create such an office. UCS is charged with representing the student interest, something epitomized by its role in creating the Task Force on Sexual Assault and in advocating for student voices in university governance. I hope that University Hall would consent to the creation of such an office while simultaneously maintaining its distance so that the body can retain its independence. Of course, more serious disciplinary matters often involve outside counsel, but many students cannot afford an independent lawyer, nor do they often think one is necessary for a university-based incident. I imagine that students who self-select to be part of this initiative could go through some formal training program, aided by lawyers and University officials, to gain a comprehensive understanding of the Code of Student Conduct and various disciplinary procedures.

There are certainly issues that may arise from the creation of such a body, and in no way do I want to impede on the University’s ability to protect Brown students and the campus community as a whole. Privacy issues are certainly of paramount importance, but if a student consents to involving an outside advocate, then this should not be an issue. It just seems counterintuitive that if students seek to file a claim against the University or face disciplinary charges, their chief advocate — if they are given one at all — is from the same body that will soon decide the outcome of their case.

 

 

Zach Ingber ’15 would love for you to join his efforts in creating an office of student advocates. If you are interested, please don’t hesitate to contact him at zachary_ingber@brown.edu.

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