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UNC Assaults

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UNC Assaults

Unread post by NewApp » Wed Apr 18, 2018 9:37 am

http://www.courier-tribune.com/news/201 ... udges-rule

RALEIGH — UNC Chapel Hill must provide the public with the names of students and employees found responsible for rape, sexual assault or related offenses through the school’s honor court and other internal procedures.

The North Carolina Court of Appeals issued a ruling on Tuesday disputing the university’s claims that federal law prohibits UNC Chapel Hill officials from turning over such records.

The unanimous ruling came almost a month after attorneys for the Daily Tar Heel, the UNC student newspaper, and other media organizations made arguments in a special court session held at NC Central University in Durham.

The court case stems from a Sept. 30 public information request by The Daily Tar Heel. Reporters asked for records “in connection with a person having been found responsible for rape, sexual assault or any related or lesser” offense by the school’s honor court, the Committee on Student Conduct or the Equal Opportunity and Compliance Office.

The university declined to provide the information, calling the data “educational records” protected by the Family Educational Rights and Privacy Act.

The Daily Tar Heel, the Charlotte Observer, the (Durham) Herald-Sun and WRAL filed a lawsuit.

In May 2017, Judge Allen Baddour ruled in Orange County that federal law protecting student records supersedes state law that allows for the release of such information in some cases.

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Re: UNC Assaults

Unread post by BTK2000 » Wed Apr 18, 2018 11:35 am

Yeah, A student conduct board is not a pubic trial and should be considered acedemic records. It gets into the can of worms related to a school charging and punishing students for “serious” studnet conduct violations/ illegal actions when a court of law either decides to not press charges or if a person is found not guilty.
Overall these are not legal proceedings that only have consequence to a persons. attendance at Appalachian and should have no recourse or record ouside the university.

To me if there is an overlap between a a law and a student conduct violation the school should defer to a court of law to acess guilt, not a board of untrained acedemics/ students that have no training in objectivity and legal process. The App States standard of evidence relies on “is it more likely than not” that the student violated the student conduct policies. This standard would easily allow someone to be convicted by App state student conduct and not by a court of law. Schools shouldn’t be charging people with or punishing violations of law outside the legal system.

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Re: UNC Assaults

Unread post by Rekdiver » Wed Apr 18, 2018 12:02 pm

This is pretty simple.....Rape, sexual assault or other potential felony crimes should be referred to authorities and not be adjudicated in a student court. Student courts and judged violations of the "honor" code are patently unfair in process.

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Re: UNC Assaults

Unread post by NattyBumppo'sRevenge » Wed Apr 18, 2018 2:51 pm

More examples of internal investigations...

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