Signpost (Weber, Utah), 1973-03-231
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J Supreme Court voids Interfraternal Council function in 4-0 vote By Brad Carver Staff Writer The Interfraternal Council has ceased to be a functioning body on the Weber State College campus.This was the unanamious verdict of the ASWSC Supreme Court in response to an appeal by the Tau Kappa Epsilon fraternity challenging the judicial validity of the council. TKE's appeal was the result of an IFC committee hearing called Oct. 10 against the fraternity for the alleged violations of the IFC constitutions and by-laws. During that committee hearing, punitive measures were taken against the fraternity due to the incidences occuring during an official fraternity rush party of Oct. 5 at the Ben Lomond Motor Hotel. Actions were based on certain charges brought against the fraternity concerning: 1. The use of alcoholic beverages during a rush activity. 2. The hiring of a stripper to perform during the party. 3. The theft of certain articles from the hotel. Records of the committee hearing indicated that Collin Hepford, president of the fraternity, had pleaded guilty to the charge of alcohol at a rush party. The Court, along with the IFC, found this charge in violation of Article VI, Section 8 of the IFC Constitution by-laws which prohibits alcohol during a rush activity. Records also indicate that Hep-ford pleaded not guilty to the charge of hiring a stripper and went on to indicate that the stolen article had been returned. After deliberation, IFC judged the fraternity guilty of the charges and proceeded to take judicial action in the form of: 1. Placing the fraternity on temporary probation for the autumn quarter 1972 and the winter quarter 1973. 2. Prohibiting the fraternity from participating in the in-tramurals competition during autumn quarter 1972 and winter quarter 1973. 3. Requiring TKE to pick up lit-' ter along the highway in Ogden Canyon from Rainbow Gardens to Pineview Dam. 4. Imposing a fine of $100 with the stipulation that the money be raised through a community project and given to the St. Benedict's Hospital Building Fund. Ron Ray, chairman of Ombudsman and counsel for the fraternity, requested the Supreme Court issue a temporary restraining order preventing IFC from "further judicial action concerning TKE ... until such time that the ASWSC Supreme Court shall determine the legitimacy of the claim. ' ' Acting on that restraining order, the Supreme Court ordered the case of TKE vs. IFC be heard by the Court. In Ray's request for a restraining order against the council, he brought up three fundamental questions that -needed to be answered by the court : 1. Was the evidence presented to prove the guilt of the fraternity sufficient to raise the presumption of fact concerning the violations in question? 2. Was the issue of due process of law afforded to the fraternity during the IFC judicial committee hearings and subsequent deliberations after? 3. Was the authority of the IFC sufficient to warrant the establishing of its own judicial court? If so, what were the judicial limits placed on that court? Chief Justice Read Hellewell, delivering the opinion of the court, noted the court decision that "the IFC is not a legal campus organization and therefore all actions of the IFC are without legal basis or foundation and are therefore null and void." Said Hellewell, regarding the evidence used by the council to convict TKE, "In the Oct. 10 hearing, the IFC failed in their responsibility to be able to substantiate their charges with anything more than hearsay evidence and testimony ... we conclude that the charges brought against TKE are invalid."In the original brief sent to the Supreme Court, Ray contended that "adverse publicity had prejudiced the IFC judicial hearing ... " and that "administration officials unduly in fluenced the members of the committee." The court rejected this contention stating the administrative officials were acting "in their proper roles with due concern" and that the members were not unduly influenced by their presence. The court noted however, that Miles Crabtree, president of the IFC, had been the chief prosecutor in the case and therefore should have been omitted from the deliberations. A major issue in the case was the question of the due process of law and whether or not it was afforded to TKE during the hearings and the deliberations after. "Although the IFC was acting in good faith, they failed to explicitly fulfill the requirements of Section D (Students Rights and Responsibilities) by failure to communicate written notification 48 hours prior to the hearing," noted Hellewell. The final issue before the court concerned the judicial power and jurisdiction of the IFC Judicial Committee. It has been a mandatory requirement, as stated in the SRRH, that lower courts shall exist "as the Supreme Court deems necessary subject to the approval of the Senate." The findings of the Court, as Hellewell noted, "That the IFC Judicial Committee has not been deemed necessary by the ASWSC Supreme Court nor has its composition been approved by the Senate... " Hellewell went on to note, "the standards of judicial procedure which are outlined in the Weber State College Interfraternal Council Judicial Committee Constitution and By-laws are not in keeping with accepted standards of proper judicial functions of this court." It was for these reasons that the court found the IFC to be an illegal body on campus and nullified any actions taken by the council. It was therefore the unanimous decision of the court that the case be awarded to the appellant Tau Kappa Epsilon fraternity. i " 1 i I - f ' """"" A NICKEL, A DIME OR A QUARTER. This young fellow spent one afternoon selling old Signposts to students in the Union Building. His early break into the capitalistic world proved profitable, as he went home with a pocketful of change.
|Title||Signpost (Weber, Utah), 1973-03-23, Vol. 32, No. 39|
|Creator||Weber State College|
|Contributors||Associated Students of Weber College|
|Description||Weber's current student newspaper, the Signpost, first appeared on September 29, 1937. For two years prior to that time, campus news was disseminated via announcements posted on a bulletin board known as the "Signpost". As a result, the masthead of the first issue of the paper itself featured a rudimentary wooden sign with the title spelled out in rustic-looking letters. Over the years the paper has been published continuously, though the look, size and style has changed several times.|
|Subject||College student newspapers and periodicals; Weber State College|
|Publisher Digital||Stewart Library, Weber State University|
|Source||University Archives LD5893.W55 S5, Stewart Library, Weber State University|
|Rights Management||Public Domain. Courtesy of University Archives, Stewart Library, Weber State University.|