When it comes to due process or more specifically, a lack of due process on the state’s college campuses, Representative Earl Ehrhart (R-Powder Springs) is putting a stake in the ground, and saying, “we won’t stand for this in Georgia.”
Ehrhart, chairman of the Higher Education Appropriations subcommittee, is leading a group of lawmakers who are concerned about the lack of due process on the campus of public universities and colleges in Georgia after reading a newspaper report that described a “secret process for judging sexual misconduct allegations.” This, Ehrhart says, is a violation as laid out by the Fifth Amendment of the U.S. Constitution. While this seems to be happening across the state, and some say the nation, Ehrhart says he is particularly concerned about several recent incidents at Georgia Tech.
“Due process is a very serious issue,” Ehrhart said following a hearing Monday at the State Capitol. “And I have serious concerns about the lack of due process at some of our universities. If we are not providing due process, we are not providing a safe campus, and if we aren’t doing that, why are we throwing all this money at the universities?
“We are impacting the lives of 19 and 20 year-olds, and it will follow them around for the rest of their lives. This is unacceptable.”
Officials from Georgia Tech appeared before lawmakers Mondays to answer questions on some of the allegations, including one in which Georgia Tech fraternity Phi Delta Theta was suspended in abeyance for allegedly yelling racial slurs at a student back in August 2015. As a result, the suspension is in place for a specified period of time, and the fraternity members are prohibited from any nonacademic activities unless approved beforehand.
Erhardt questioned why the sanctions could not be lifted while the case is being reviewed by Supreme Court Chief Justice Leah Ward Sears
“Why can you not lift the sanctions while they are being reviewed? How do you punish an entire group of people for an alleged incident?,” he asked. “You can’t identify the exact individuals in the accusations, so you punish the entire community.’
“Has your paycheck been suspended because this took place on our campus?,” Ehrhart asked of the the Tech administrators. “You are telling these students they are guilty to proven innocent and that’s not how our system works.”
Ehrhart opened the hearings by reading a letter from a mother whose son was expelled from Georgia Tech after allegations of sexual assault.
“He lost all he had worked for, and will be labeled for the rest of his life,” Ehrhart read in the letter. “He can’t find a school to transfer to, no one will accept him.There has been no police investigation and he was never adjudicated. This was simply all because of the decision of one person.”
Another mother, identified as Jane Doe, testified in person that her son’s life had been greatly impacted by the lack of due process at Georgia Tech. Ms. Doe testified that Peter Paquette, an assistant Dean and the sole investigator for Georgia Tech’s Office of Student Integrity, ruled that her son was found responsible for sexual misconduct without a fair hearing.
“This has rocked us to the core and my son is struggling to maintain his dignity through all this.,” she told lawmakers. She added that charges were made through a third party, and the ‘alleged victim’ never accused her son of these charges.
“She actually sent him text messages thanking him for helping her the night in question and apologizing to him,” she testified.
When asked by State Rep Randy Nix (R-LaGrange) if these allegations against him were true, Paquette said he “could not remember the details.”
“A case this big, and you don’t remember the details,” said Nix. “If what she said is true, someone needs to be responsible and stand up and own this. Someone has been harmed in this. To say ‘I don’t remember the facts’ is unacceptable.”
Rep. Rich Golick (R-Smyrna) questioned the procedure of allowing “non-trained” personnel to make the decision on possible criminal cases.
“Would it not make sense that in cases with possible criminal misconduct, that the university system defer to trained, professional law enforcement officers?” he asked. “I just don’t think you have the training to make these decisions.”
With Chancellor Hank Huckaby in the crowd, Georgia Tech President Bud Peterson explained that he was part of a committee that was reviewing and revising guidelines for adjudicating cases on college campuses across the state for the University System of Georgia.
“We are looking at a statewide policy,” he said. “Hopefully it will be implemented in the near future.”
Ehrhart said plans to meet with Presidents of colleges and universities across the state in the next few weeks on this issue, as well as with the Chancellor.
“I have worked well with this Chancellor and Vice Chancellor, and I know they are working hard to resolve this. They have made it clear they won’t stand for this. And neither will I.”
