In 1787, a document was birthed in order to regulate a diversified nation; at the time, to only create a government that would not be able to rule tyrannically but instead, serve citizens rightfully. Today that document, known as the United States Constitution, contains important amendments and laws which aim at providing citizens with three things: Life, Liberty and a pursuit of happiness.
Each citizen of the United States of America is guaranteed certain freedoms–the right to bear arms, the right to a jury of peers and the right to a government that is fair and just, among many other things. However, standing up for these freedoms and all the others that every citizen of this nation has a right to has become increasingly difficult in today’s busy society, where it’s hard to gather enough support to fight to defend certain freedoms.
And so, from a local standpoint, there are freedoms granted by laws that have trickled down through the United States Constitution that are being impeded, right in front of your unsuspecting eyes.
GUILTY UNTIL PROVEN INNOCENT
The University of Central Florida employs its own court, for every student and organization enrolled on campus, to hold accountable those who UCF believes frayed from the rules of the school. This court, known as the Office of Student Conduct, however, does not follow the law of the land like courts of the United States do–instead, this court devises its own rules and regulations and operates in secrecy for matters of dealing with conduct.
In recent months, several fraternal organizations have been suspended by UCF for allegations relating to hazing. In the end, the entire Greek Life system at the school was shut down to deal with these issues. Without an initial hearing, without a charge, sometimes without sufficient evidence, these organizations have been ruled guilty until proven innocent and slapped with a sentence of suspension.
Due process, a right granted to every citizen of the United States, gives a person accused of a crime the legal rights owed to them: a speedy trial, trial by jury, presumption of innocence and an open proceeding–a right that protects against abuse and manipulation of cases by the prosecution.
ANONYMITY
A man walks out of his house to find police officers surrounding him. They cuff him, take him directly to the county jail and close the metal bars where the man sits for ten days. He receives no explanation other than a generalized statement as to why he was arrested and sentenced, without so much as a meeting with officials. And for ten days he sits in jail until an informal hearing, conducted in secrecy, notifies him that an anonymous letter sent to police says he assaulted someone–but police have never seen or met the accuser.
The anecdote above is a “real-world” situation construed to match the situation that faced UCF and a fraternity on campus late last semester.
The fraternity, Alpha Tau Omega, was suddenly suspended after an anti-hazing speaker, David Stollman, received an anonymous hazing tip that alleged the fraternity committed brutal acts of hazing. Without ever seeing the letter or meeting with the accuser, UCF suspended the fraternity and then conducted several secret hearings and decided the fraternity was guilty of hazing. The case was never turned over to police for a “constitutional” investigation, but merely ruled upon by a secret panel.
To this day, the anonymous hazing letter has been seen by no one except for the anti-hazing speaker, David Stollman, who refuses to release the email that sparked the fraternity’s suspension. While not condoning hazing in any form, every person, organization or student, should have a right to a public trial and a right to face the accuser–irrevocable rights granted by the United States Constitution.
In the end, the organization was reportedly not guilty of the allegations in the letter, but UCF has since deemed they were guilty of hazing for having too many study hours.
OPEN FOR INSPECTION
The United States government, from courts to elected officials, provides its citizens with a realm of “openness.” Meaning that records are available to any member of the public who seeks them, trials and court hearings are open for viewing and information about those elected by citizens is available–for scrutiny, accountability and even curiosity.
At the University of Central Florida, this is also the case for many things. Many records, such as contracts, employee information, and budgets are open for any member of the public to view, no questions asked. (Although, many times those in charge of the records do ask questions, which is a violation of the law). The same goes for meetings involving UCF officials, being required by the law to be open to any member of the public who wishes to attend.
But then there are the records and the meetings that are held secretly, away from the public eye which helps to ensure accountability and fairness.
Take again the example of the fraternal organizations who were suspended. Hearings which determine the fate of these organizations – discussing evidence, questioning witnesses and those involved – are held in secrecy. Thus, leaving the public unable to verify the legitimacy of those conducting the hearing and judging the outcome and ensuring abuse or manipulation is not committed. Because these processes are held out of the pubic eye, nothing can be considered trusted.
Now, not everything is entitled to be open; FERPA (The Family Educational Rights and Privacy Act) is a federal law that protects privacy of student education records. In other words, it DOES NOT allow for any member of the public to view student records such as grades. The issue is, however, that a school such as UCF is taking advantage of a law in a way it was not intended, nor rightfully allowed.
Claiming that certain records or hearings are closed due to FERPA can not apply to organizations such as fraternities nor elected officials such as members of the student government, none of which relate to personal student records, according to first amendment experts.
DEFENDING RIGHTS
These rights granted to all citizens, including students, are part of a system devised to protect society against ruling dictators, unfair prosecutions and ensure every person is treated equally and fairly. While the mentioned situations do not account for a majority at a school of nearly 60,000, the rights are, nonetheless, are being hindered. And if it is happening to these groups, it can just as easily happen to you.
In the end, it is a simple matter of working to provide justice to those involved. Open government is good government and if it isn’t open, why not? What is there to hide?
To read more about Sunshine Week and the importance of having open access laws, click here.
