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The Mail CRR PROCEDURES

By David KIRP Assistant professor and Graduate SCHOOL Of education

To the Editors of the CRIMSON:

Now that the Committee on Rights and Responsibilities has concluded its current round of hearings, some comments on the procedures employed by that Committee-voiced by one who acted as a defense counsel in one such proceeding-may be in order.

I will not revisit the issue of the CRR's legitimacy in the Harvard community; on that point, few minds are likely to be changed. I do think, however, that the CRR, charged with reviewing allegations of misconduct, has to rethink the manner in which it goes about undertaking that review.

First, the CRR badly needs some sort of screening procedure to weed out frivolous cases from those which merit hearings. Of the 19 cases just concluded, 10 resulted in acquittal: many would have been laughed out of any court in the country. Charges were brought with no evidence, on the basis of motives unclear at best and political at worst. All those charged were obliged to spend upwards of twenty hours preparing refutation; finding witnesses; reviewing films; obtaining letters; meeting with counsel. Were the CRR to review beforehand the basis of each complaint, such wasted time (both on the part of the student erroneously charged and the CRR) could be eliminated.

Second, the CRR needs to puzzle through just what sort of hearing procedure it wants to conduct. Is it to be a board of inquiry, which conducts an investigation? a tribunal, which hears the cases presented by adversaries? a confessional, seeking the recantation of those brought to the bench? The ORR's lengthy statement of procedures provide no satisfactory answers to this issue; in the hearing I attended. The Committee wavered in its role, puzzling both counsel-do I question my client, or does he talk at will? are interruptions from complainants, or the CRR, permissible? is close cross-examination appropriate? -and client.

Such incremental reforms will not greatly affect CRR's status in this community. They will go some way toward assuring that the Committee has a clear grasp of the way in which it conducts itself.

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