Resolution 06-09: INNOCENT UNTIL PROVEN GUILTY: THE RESURRECTION
| Number | 06-09 |
| Description | include PENDING status to fees |
| Authored by |
Zach Walker |
| Sponsored by |
Kelly Earnest Collins Watson |
| Date Submitted | Wednesday, May 31, 2006 |
| Date Considered | Wednesday, January 1, 1000 |
| General Body Vote | Thursday, January 1, 1970 |
| Committee | Student Affairs |
| Result | n/a |
| Remarks | Inquiry brought about implementation. |
| Whereas | Resolution 94-02, "Innocent Until Proven Guilty," was passed 34-0-1 on March 1, 1994. The response from the administration was as follows: VP for Student Affairs Dr. Wayne Duke said, "This resolution would probably save time and money due to the fact that individuals who win appeals would not have to be reimbursed." University President Amacher said, "I do not have any problem with this." The following expands upon that original resolution. |
| Whereas | Students who appeal UTA parking tickets are expected to pay the fine immediately, even though the ticket is pending appeal; and |
| Whereas | In some instances months may elapse before the appeal is held, causing a financial hardship for the appellate. This exceedingly slow process is due to an understaffed and overburdened Parking Appeals Panel; and |
| Whereas | Exacting said fee prior to resolution of the appeal constitutes the "[deprivation] of property without due process of law" (a violation of the 14th amendment of the U.S. Constitution); and |
| Whereas | There exists a database for maintaining the status and scheduling of appeals, and Bursar Services has the ability to manage an effective date for a given transaction, not merely the date of entry (i.e. the payment could be scheduled for after the appeal date). |
| Be It Further Resolved That | The business and / or parking office computer systems be revised such that the status for PENDING be added to the existing program structure; and |
| Be It Further Resolved That | Students will not have to pay the fine upfront, and they will only have the fine assessed after having their appeal officially denied by the Parking Appeals Panel. |