The Chronicle

Issue date: 9/20/07 Section: Columns
Last update: 9/20/07 at 7:06 AM EST

Elliott Wolf

Duke took quite a bit of flak during the past year because it failed to stand up for its students' due-process rights.

It seems someone was asleep at the wheel, as the University (through the Office of Judicial Affairs) may now be actively undermining those rights through its own policies and practices.

In the fall of 2005, "Judicial Affairs began systematically initiating formal disciplinary action for all allegations of undergraduate misconduct occurring off-campus," Director of Judicial Affairs Stephen Bryan wrote in a 2006 memorandum. Previously the University only pursued off-campus violations that constituted a "direct or indirect threat to the University community."

This practice was made possible by a Durham Police Department policy requiring officers to forward citations issued to students to Judicial Affairs and a similar Alcohol Law Enforcement agency policy.

"Duke asks us that we keep them informed. We make a copy of the booking sheet and forward it to the [district] captain," said DPD Sgt. Dale Gunter, a supervisor in the police district surrounding East Campus.

In itself, this practice is little more than a transparent, petty attempt to pacify members of the Durham community at students' expense. In conjunction with other policy changes enacted between 2000 and 2006, however, it creates a dangerous set of incentives for law-enforcement agents that undermine crucial, constitutionally imposed limits on their behavior.

When dealing with any suspect, an officer must (1) respect his/her right against unauthorized search and seizure (Fourth Amendment), (2), collect evidence sufficient to prove his/her guilt beyond a reasonable doubt (common law rooted in the 14th Amendment) and (3) personally bear witness against him/her (Sixth Amendment). No violations of these or myriad other constitutional protections can be used against a defendant.

The government is not allowed to break the law in the course of enforcing it, and the Constitution was carefully crafted to ensure that government officials have no incentive to do so. This is America.

Except, apparently, in the case of Duke students. Officers know that any one of us can be punished even if they fail to afford us our most basic of constitutional rights. The judicial code has never required that students be proven guilty beyond a reasonable doubt, and the other two of the aforementioned protections were expunged from the code.

Continued...

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