A state lawmaker who has pushed for Georgia Tech to change its student due-process policies is upset that an independent review into a sanctioned fraternity requested by the institution carries a cost.
The review, released last week by former chief judge of the Georgia Supreme Court, Leah Ward Sears, also includes biases against the fraternity carried over from the university’s initial investigation, which was flawed, said State. Rep. Earl Ehrhart on Wednesday.
Sears’ firm, Shiff Harden, has billed Georgia Tech about $26,300 for work done in January, according to a statement from Georgia Tech. The charges cover work the legal team did from December through Jan. 29. The initial invoice is one of two expected from the firm.
The charges will be paid from private foundation funds, not state money, Tech’s statement said.
“The firm was retained to provide an independent extraordinary legal review. Such detailed legal work is time intensive and not a matter to be handled pro bono,” the statement said.
Sears recommended that Georgia Tech lift its suspension of the Phi Delta Theta fraternity, some of whose members were accused of yelling racial slurs at a black student. The punishment, according to Sears' review, was not allowed under Georgia Tech's policies which don't allow for punishment of a whole organization if its leaders are not found to be complicit in the offense.
Ehrhart, R-Powder Springs, and representatives for the fraternity maintained that Georgia Tech’s investigation into the incident was incomplete, did not include all available evidence and did not provide due process for fraternity members.
Sears’ review rebutted that argument, and found that the fraternity had received due process in the case.
“I will not and cannot allow taxpayer money to fund an institution with such disregard for basic constitutional rights,” Ehrhart said in a statement Wednesday. “They think they can buy and pay for an ‘appeal’ that simply restates their flawed case.”
Ehrhart, who leads the Georgia House panel in charge of allocating funding for the state's public colleges and universities, has held a legislative hearing on due-process rights, and says he will hold additional hearings if they are needed. Georgia Tech, he said, will also continue to see its budget scrutinized until reforms are made to the school's conduct code and policies to ensure all students are treated fairly during campus disciplinary proceedings.
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