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Judiciary Committee debates extending statute of limitations

After two years of discussion and debate, the University Judiciary Committee is set to vote on extending the statute of limitations for physical assault cases at its Oct. 5 meeting.

The proposal, subject to change, would extend the current 45-day filing deadline to six months.

The suggested change was promoted by Josh Sear and Jeff Tebbs, co-chairs of the issues subcommittee created this year from the constitution and bylaws subcommittee and the statute of limitations ad-hoc committee.

The statute of limitations subcommittee was created two years ago to explore extending the deadline following a letter from an assault victim who was unable to file a complaint because she missed the 45-day deadline, said Committee Chair Alexis Gregorian.

"We really only have one documented case, but that's not to say there aren't cases out there where people found out too late," she said.

With all the other concerns an assault victim has to deal with, Gregorian said filing a formal complaint with the University may not be a top priority.

"The first thing that comes to your mind isn't going to be bringing the case to the UJC," she said.

Altering the statute of limitations would require an amendment to the UJC constitution, which would have to be approved by students in a referendum.

Citing a general aversion to change, Gregorian said it would be an uphill battle to garner student support of any such measure.

"The general consensus is that it will be difficult to have it passed," she said.

Despite continued discussion of the proposal, the committee has long been unable to agree on a resolution, she added.

"It's been an issue for the past two years and nothing ever came of it," Gregorian said.

Although the committee has explored creating a blanket extension for all violations, Gregorian said physical assault is a serious charge that should be treated differently than other, more trivial offenses, such as drinking in first-year dorms.

Several changes to the written proposal have been considered, such as the inclusion of three month, six month and one year timelines. The addition of a good cause mechanism, which would allow students to appeal the deadline on a case-by case basis, also has been suggested, though it is unlikely to be adopted in the interest of maintaining consistency between cases.

For the time being, Sear said a six month limit is the best solution.

"Granted it's a somewhat arbitrary number," he said. "But three months isn't significantly longer than 45 days."

Sear said a six-month deadline would have the added benefit of preventing cases from dragging on for three academic years, which would be possible in some circumstances involving a longer limit.

After two years of consideration, Tebbs said he is hopeful the committee will make a decision this weekend.

"Hopefully we'll finally put this issue to rest," he said.

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