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University of Iowa anti-war protests, 1970

1970-01-17 Daily Iowan Article: ""Boyd: 'I Don't Like Disruption'""

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DI Jan. 17, 1970 Boyd: 'I Don't Like Disruption' By KAREN GOOD Pres. William Boyd's move Thursday to reform the current University Judicial system was based on a "personal hang-up - I don't like disruption," Boyd said Friday evening. "I consider it a serious matter when students disrupt a University judicial proceeding - as was done Tuesday evening. There is no possibility for a fair and impartial hearing under such circumstances," Boyd said. Boyd was speaking of his reasons for removing University judicial power from the Committee on Student Conduct (CSC) and for replacing the Committee - for an interim period - with former Iowa Supreme Court Chief Justice Theodore Garfield. Garfield will act as a “fact-finding officer” in hearings and will have the power to immediately dismiss students who disrupt his judicial proceedings, Boyd said. Any such dismissal will then be subject to a hearing before Garfield. All final authority, however, will be Boyd’s and Garfield will be accountable to Boyd. Said Boyd, “I would hope that Garfield’s findings in cases would be made public although I have not really considered the matter yet.” Garfield said in a telephone interview Thursday he had been approached by University officials in November -- soon after he had resigned his position as Supreme Court Chief Justice -- to assure a position similar to the one he has now accepted. Boyd said Garfield had been approached in November on a different “hypothetical situation that did not materialize.” However, Boyd said he would not disclose what the situation had been. Boyd said Garfield would continue to reside in Ames -- his present home -- but would come to the University on Boyd’s request for hearings on alleged Code of Student Life infractions. Garfield will be paid a get “undetermined” fee for his services, Boyd said. The former chief justice will continue in his fact-finding capacity until Boyd has had time to act upon recommendations of a committee of students, faculty, administrators and other concerned persons Boyd said he will soon appoint. The committee will be responsible for “coming up with a more effective judicial system,” Boyd said. However, he said he had no idea who would be appointed to the committee. “I hope you don’t think I’m shirking my duties, but I just haven’t had much time to consider all the details of my decision,” he explained. “My main concern is maintaining impartial University judicial hearings with an impartial judge -- one not subject to recall,” Boyd said. Boyd said his decision was not the result of outside pressure of “any kind.” “This was completely my own decision,” he said. Impetus for Boyd’s move came Tuesday evening when some of 6 students charged by the University in conjunction with a Dec. 10 Placement Office protest took over a CSC hearing on their cases. While this was happening, student members of the CSC learned that Student Senate, only minutes before the hearing began, had recalled their credentials as members of the Committee. Boyd said he thought that situation left the University in a judicial “vacuum” with “no way out.” “I don’t think I had any alternative. We didn’t have any effective judicial system, it was apparent Tuesday, and we should have one at all times,” he said. When asked whether he had considered setting up a committee to revise CSC, Boyd said, “We need an effect-[missing word(s)] the judicial system while retaining [missing word(s)] tive judicial system at all times or we can expect some outside source such as the State Legislature, to take over those duties.” Boyd said his decision currently pertained only to the CSC -- no other part of the judicial structure is currently affected. “I really haven’t had time to consider the dormitory judicial system, but currently it will not be affected. Garfield will be responsible only for those cases formerly appealed to or heard by the CSC. A joint Statement on Rights and Freedoms of Students” issued in 1967 jointly by the American Association of University Professors (AAUP) and other groups states that students charged by a University should have the right to be heard by a committee including “faculty members or students, or, if regularly included (in the judicial system of the University) or requested by the accused, both faculty and student members. “My response to the AAUP’s statement is that the Student Senate voted to recall the students’ representatives on the CSC, I think that is reason enough to overrule the AAUP statement,” Boyd said. Boyd said he had been instrumental in establishing the University judicial system four years ago when he was Vice President of the University. “Now I find that system I implemented to be non--operative and in need of change,” he said. “The power of CSC has been questioned several times now,” he said. “I think it is time for reform.” CSC proceedings were disrupted last year when three students were charged with violating the Code in connection with several small demonstrations. In those hearings, the defendants did not attend and once about 200 students attended to show support for the charged.
 
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