Historical Newspapers of South Carolina

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t ....... , . I The South Carolina Library _______ < - r Campus jg& i | ayn Volume LXX, No. AQ University of South Carolina, Columbia, S.C. Jan. 23, 1980 Ardaiolo's practice ruled invalid IIS Frank Ardaiolo associate < By Ronda Templeton Gamecock Staff Writer Associate Dean of Student Affairs Frank Ardaiolo has tried several students in their absence, however members of the Student Government Judiciary Committee maintain he had no right to do so. In a student Supreme Court opinion released today, the rule under which Ardaiolo tried students in their absence was declared invalid. Ardaiolo maintains he tried students under rule-B-5 of the Carolina Community but the regulation was declared invalid because it was not approved by proper procedures. THE CORRECT procedure for a new regulation is that it must be signed by the Student Senate, Faculty Senate and the president of the university. The student's case will be re-tried. Ardaiolo claims a verbal decision was made in 1977 with the Chinese Ai calls for i opposition By Lisa Frucht Gamecock Staff Writer "The Soviet invasion of Afghanistan poses a threat to the DeoDle of the world, and it also poses a threat to China," Chai Zemin, ambassador to the United States from the Peoples Republic of China said at a press conference at USC Tuesday. "I think the people of the world should unite to oppose the Soviet nation and to make them withdraw from Afghanistan as quickly as possible," Zemin said. He said China and the United Ctatoc cVinnlri UVHIVII tlllVUIU V,VAIJ/V1 an, Willi cavil other and coordinate their actions concerning the current Soviet expansion and aggression. ' IN ORDER to oppose our common enemy I think we could take measures of various kinds in our efforts to deal with the Soviet expansion/' Zemin said. In reference to the possible U.S. boycott of the 1980 summer !_ w ? v/ijriii|jic? in raoscuw, z?enun saia, "We support the United States POHlNOn (ft games, but it would alsfr depend on joint action tak?n by all countries VntlMiworU " ents tri Barry Newman ?GAMECOCK iean of student affairs Judiciary Committee to try a student in his absence if he did not respond to disciplinary charges, but two former chairmen of the committee disagree The verbal decision was made because students were not responding to disciplinary charges against them, Ardaiolo said. He said he can recall "two or three" cases in which a student was tried in his' absence but the system became questionable because "the contention is that the procedure was not passed properly in 1977," he said. The Judiciary Committee did not pass any rules that students could be tried in absentia in 1978, according to Dana Morris, who was Judiciary Committee chairman at that time. There was no mention of the system in previous codifications, either, he said. Ardaiolo's desciplinary decisions on cases without student consent are not in accordance with the nbassador vorldwide to Soviets The ambassador said that both the Chinese and American people desire normalization of relations. Those who ODDOse normalization "fail to perceive the world situation and fail to see where the fundamental interests of the Chinese and American people lie," he said. ZEMIN SAID that China is willing to initate a student exchange program with USC. "We would be happy to establish these kinds of ties with South Carolina. If USC is willing to accept our scholars, we will be happy to seed them here," he said. In turn the ambassador welcomed USC to exchange students to visit and study in China. Currently China has over 700 visiting scholars in about 30 states in the U.S. Zemin said that the prospects for trade between South Carolina and China are good. He said South Carolina is "an agricultural state and it is very rich in cptton, soybean and corn," and is developed in the textile industry. Since China imports cotton and chemical fibers, Zemin said there ed in tin Student Government Constitution, Morris said. According to the constitution, Ardaiolo may only make a decision on a student's case at the request of that student at a pre-trial interview. STUDENTS CHARGED with disciplinary violations are sent two letters instructing them to respond to charges made against them, Ardaiolo said. The first letter instructs a student to make an appointment with Ardaiolo for a discussion of the charges and the second advises him that a decision will be made on his case if he does not respond. The decision to make a judgement on a student's case in his absence was made before Ardaiolo became associate dean of Case decisi are definitely j codifications. student affairs, he said. Ardaiolo maintains he was just following the same procedure the previous associate dean of student affairs, Marsha Duncan, followed. Duncan said the Judicial Advisory Board may review and make recommendations on any proposal affecting the judicial system. When the Judicial Advisory Board reviews proposals, any recommendations will be forwarded to the president of the university for approval, she said. DUNCAN SAID these procedures were followed when it was decided to try a student on disciplinary charges in his absence ? if he ignored requests to face charges. "I don't know why it's a problem now. I'm convinced we followed procedures stipulated in the judicial system," she said. The student Supreme Court was looking into whether the Judicial Chinese Ambassador Chi are "fruitful prospects in the development of trade." He said his trip to a Greenville textile mill will be informative because the United States has more advanced techniques than China. | + t f f | f % % ^ + 4 4 | ^ | |" | 4 / leir abs Committee had the right to determine that a student could be tried in his absence, Ardaiolo said. 4The contention is that the Judicial Committee can only pass a recommendation, not initiate new ruies, neaaaea. The Judicial Committee thought they were operating under proper procedures, Ardaiolo said, but '"no one is quite sure what proper judiciary procedures are. Everything is open to interpretation," Ardaiolo said. The situation was brought to the attention of the Supreme Court last semester when a student appealed a case on the grounds that proper judiciary procedure was violated, Ardaiolo said. A case decision was made in the student's absence 4 'of tor' nnmnrAiic o ftnm rvfr p r\ rtnf U1VVI UUlllVi UUO ULVVlIipiO iw oris without a student lot part of the Judiciar\ Judiciary Commi him to come in and talk about it," Ardaiolo said. The iudgement was appealed through a student advocate and the student will be retried. A DISCIPLINARY case decision can be appealed on three grounds, Ardaiolo said. Students may appeal if they think a decision was contrary to the facts, procedures were violated or sanctions were too severe. Sentencing a student without his presence is not a Judiciary Committee rule, committee chirman David Clegg said. "If it were a Judiciary Committee policy it would have to be renewed each year," he said. Case decisions without a student's attendance are definitely not part of the Judiciary Committee's codifications, Clegg said. "I knew it happened but I assumed it was the associate dean of student ?/ Zemin speaks at a press confet ZEMIN SAID his visit to USC will contribute greatly to his ? i- J- * *? a u ->?t? fuiuwicoge 01 me soumern united States, and the fact that South Carolina is an agricultural state makes "my visit even more meaningful," he added. ence affair's policy," he said. A letter is sent with the disciplinary charges against each student informing him that student advocates are willing to represent him at his pre-trial hearing, Clegg said. The advocate goes with the student to see Ardaiolo and decides whether to be tried or plead guilty in order to let Ardaiolo make a decision on the case. Making a disciplinary decision in a student's absence is definitely not a judiciary committee policy, he said. THE CAMPUS COURT has sole jurisdiction in disciplinary cases, Morris said. Unless a student goes A. _ A r J i 10 nruaioio ior a aecision on me case, "Ardaiolo is not supposed to say anything," he said. 's attendance f Committee's David Clegg ittee chairman Ardaiolos contention that a verbal decision was made in 1977 with the Judiciary Committee on how cases would be handled if a , student did not respond to disciplinary charges is worthless, Morris said. He said Ardaiolo may get his license to decide the outcome of a disciplinary case from the Administrative Action section of the constitution but "it's up to the court to decide how things are io, :?4 ?A ?i ? iu uc iiucrpreieu. Ardaiolo was already passing judgements in students' absences when Morris became chairman of the Judiciary Committee, Morris ~ said. "I always thought it was just his policy," he added. Morris maintains that Ardaiolo is wrong to make case decisions in student's request. According to Ardaiolo, he was merely following a precedent set by Duncan and authorized by the Judiciary lomimuee. ' ' 'iMb?Hffig8B 7J^^t V ^ RusmN P*c? - GAMECOCK once at Capstone Tuesday. Zemin, who is making his first visit to an American college, will meet with USC students and faculty members and discuss possible trade relations between South Carolina and China with industrial leaders.