MICHIGAN
TECHNOLOGICAL
UNIVERSITY                  The Senate of Michigan Technological University


                             PROPOSAL 3-96

                      (Voting Units: Full Senate)

                              DUE PROCESS

The Senate adopts the following:

1.   All planned criticism of a person, persons, or committee presented in the Senate likely to result in policy change
     be put on the agenda.

2.   Those to be criticized be informed two weeks in advance of the Senate meeting at which the matter is to be
     addressed.

3.   A response to the criticism will also be on the same agenda.
   
4.   Any votes resulting from the matter and involving policy changes will be delayed until the matter can first be
     taken back to constituents.

5.   Any changes in policy will be applied prospectively only.


Proposal Background

According to Justice Frankfurther the concept of due process expresses "in its ultimate analysis respect enforced by law for that feeling
of just treatment which has been evolved through centuries of Anglo-American constitutional history and civilization." {Joint Anti-fascist
Refugee Committee v McGrath, 341 US 123, L Ed 2d, 71 S Ct 624, 643-644 (1951) (Frankfurter, J, concurring}. It is therefore
reasonable that due process should be followed in all cases which involve human interactions which could result in damage to reputation
and loss of certain previously agreed upon rights/privileges.

Due process for the protection of liberty and property interests is secured in the Fourteenth Amendment of the U.S. Constitution. The
U.S. Supreme Court has interpreted liberty and property in broad terms. The property protected by due process extends well beyond
ownership of real estate and liberty far beyond legal incarceration. For example liberty has been interpreted to include right to contract,
work and earn a living, acquire knowledge, marry, establish a home, bring up children, worship according to one's beliefs. Also work
in some instances has been interpreted as a property interest. Note also that one of the liberty interests protected by the 14th Amendment
is an individual's freedom to work and earn a living which necessarily protects one's reputation and integrity from unfair attacks. The
current status of the concept of due process is well summarized in the finding of Judge Ed. A. Qunnell in Bracco v MTU, File No. 88-67
57-CK Court of Claims No. 88-11786-CM, pages 37-49.

In the last academic year members of the Finance Committee were criticized in the Senate with these remarks resulting in Senate votes
eliminating certain rights/privileges of Finance Committee members. Although the defaming remarks were apparently planned with the
knowledge of the Senate President, the Finance Committee members were not informed of the charges and were not provided with the
opportunity to prepare a response. Without hearing both sides the Senate acted without all relevant information and the Finance
Committee members (which lost certain rights/privileges) were denied procedural due process. In addition, since the new procedures
applied retroactively due process was also substantively flawed. We here propose some steps to insure just treatment in the Senate to
all university employees.



27 Sept 1995:  Senate rejects Proposal 3-96.