Burgio Ponders Judicial Reforms

With less than two months left in the semester, the Student Association E-board is turning its attention to several student affairs issues, starting with the Student-Wide Judiciary.

According to SA President Anthony Burgio, there are several SWJ rules and procedures he would like to see changed so that the judicial process works better and is fairer for undergraduates.

"Basically, the process needs to be more open, more clear, and refined with the needs and rights of students in mind," Burgio said.

"I think we have to be careful about the notion that just because we're college students, we should be treated differently when charged with a crime," he added.

One SWJ change already in the works is to abolish what is called burden of proof, a move supported by both Burgio and SWJ Chief Justice Jodi McGrath.

According to McGrath, burden of proof means the weight is on the accused students to prove their innocence.

"It does put an unfair burden on the defendant, when that's really supposed to be on the university," she said. "The university has to show there's some evidence that the person broke the charge or rule."

McGrath said such a change would not be made because SWJ aims specifically to help defendants, but right now the procedures reflect a guilty-first mindset that they shouldn't, a fact that's also a sticking point for Burgio.

"The attitude seems to be here that you're guilty until you're proven innocent," Burgio said.

McGrath said many of the changes under consideration -- including position title changes and organizational streamlining -- wouldn't affect current procedure, only the outdated rulebooks that need to be updated.

"These things already happen now. It's just a matter of reflecting what we do in our rules," she said, adding that a change in the paperwork will help people to better understand the SWJ.

Last semester offered a unique opportunity for McGrath and the other justices to reexamine the rules when one student plead "not responsible," which is the equivalent of not guilty. McGrath said the SWJ hears about 100 cases per semester, but "not responsible" pleas are rare.

That was a good opportunity to see our rules of procedure in the works," she said. "(The rules) worked fine, but it allowed us to see what could be improved."

Burgio said he doesn't consider his goal to change certain SWJ rules and procedures as an intrusion by his semi-legislative branch into a judicial one.

"That's our job, to be a check on them," Burgio said. "Ultimately, it's just a recommendation."

McGrath also noted that the SWJ is not required to make changes requested by SA or anyone else, but recommendations are welcome.

"I'm open to suggestions if people want to change things and say it would be better this way," she said.

And according to Burgio, with changes in the SWJ underway to make things better, students should expect to see SA tackle a series of student affairs issues in November.

For one, Burgio also said he wants to make all course requirements and syllabi available online a month before classes start so that students can better judge what they're getting into, and so there isn't a mad rush to buy course materials at the start of the semester.

Dennis Black, vice president for Student Affairs, said he sees SA's turn to student affairs as nothing new and is open to discussion of the issues Burgio wants to address.

Black added he considers the move positive.

"It would be laudable to spend as much time and money and energy in the everyday needs of UB students as we do into (Fall Fest)," Black said.

Burgio said that with the fee vote out of the way, SA can better focus on student affairs.

"(Student affairs) was a side of SA that was not utilized," Burgio said. "We weren't leveraging the student voice, and we should be."