Thursday, March 13, 2014

"You give me that 'juris-my-dick-tion' crap..."

The Student Conduct System is administrative in nature and, as such, is not a federal, state or local court of law where formal rules of process, procedure or technical rules of evidence apply.

"Double Jurisdiction: What does it mean and what are the implications?" http://www.albany.edu/studentconduct/double_jurisdiction.php

Can a university be properly considered a "jurisdiction" when it lacks a "court of law where formal rules of process, procedure or technical rules of evidence apply"? Are there no rules of process, no rules of procedure, no technical rules of evidence, no rules at all?
John Murphy, assistant vice president for student affairs and director of judicial affairs at the State University of New York at Albany, said the majority of cases that come through his office are relatively minor offenses. Cases are referred to city courts, Murphy said, when there exists a 'nexus of community and university interests . usually in cases of drug-dealing, rape or other serious offense.'

"Students often complain that that's a case of 'double jeopardy,' when it's in fact double jurisdiction," said Murphy.

Purdy, Kevin. "When UB Steps In." The Spectrum. March 18, 2002. http://www.ubspectrum.com/life/when-ub-steps-in-1.1393711?pagereq=2

How does the sham "jurisdiction" at the University at Albany operate? Nothing like a real one is supposed to do:
"Lee Kindlon, practicing attorney of Kindlon, Shanks & Associates represents Terra, and has represented many students in the past. […] Kindlon fired off about the methods UAlbany employs during their hearing processes. "Some of his issues are that during the hearing process, the officers who testify against students are not cross-examined, and the officers are also instructed not to comment on questions asked to them by the students.

“'[The officers] come in and give their version of events,' Kindlon said. 'And then when the cops are expected to answer questions from the accused, or the students, the cops are instructed not to answer any questions by the city. So it’s a very, very, very one sided set piece of testimony.’

"Kindlon continued, 'And then instead of the school doing what it should do, following basic standards of due process…basically, if you can’t cross-examine your accuser, since the time Sir Walter Raleigh, that accusers testimony needs to be discarded. However, in SUNY Albany the accuser, the cop, can say whatever he or she wants, and then you’re not allowed to cross-examine that cop.’ […]

McNeill believes the university deals with these situations fairly” (bold emphasis added).

Mineau, Lauren. "Bruised, arrested student alleges police brutality." Albany Student Press Blog. December 12, 2012. http://blog.timesunion.com/asp/2706/bruised-arrested-students-alleges-police-brutality/
University police exhibiting partiality for their employer’s influence by refusing to tell the truth by refusing to answer questions from the public in a hearing would appear to violate several sections of the SUNY Police Manual, e.g.:

§ 50.11 “Members shall be courteous and orderly in their dealings with the public.”

§ 50.12 “Exhibiting partiality for or against a person because of […] influence is conduct unbecoming an officer.”

§ 55.03 “Members appearing before a superior commission, hearing board or any other competent investigating body whose sole purpose is to determine the performance of the member’s official duty that refuses to answer questions directly related to the performance of his official duties, shall be subject to disciplinary action.”

§ 55.05 “Members are required to be truthful at all times whether under oath or not."

SUNY Police Manual https://www.suny.edu/sunypp/docs/364.doc

"Double jurisdiction" seems to be a rare phrase. While it shows up on the UAlbany website about thirteen times, a search for it on Google Scholar in New York Courts turns up no instances of it being used: http://scholar.google.com/scholar?as_sdt=4,33&q=%22double+jurisdiction%22&hl=en A Google Web search turns up about 8,670 results: https://www.google.com/search?rls=en&q=%22double+jurisdiction%22&ie=UTF-8&oe=UTF-8#q=%22double+jurisdiction%22&rls=en&safe=off&start=290

I'll venture a guess that "Double Jurisdiction: What does it mean and what are the implications?" was published without running it by any lawyers with any appreciable legal acumen.

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