On February 19, 2022, Tent [Redacted] missed a second tent check and was moved to the back of the line to gain entrance to the Duke UNC game on March 5. Members of Tent [Redacted], known as the Petitioners, disputed the missed check and raised issues with the implementation of the K-Ville Accessibility policy. The Petitioner alleged first that the tent member present at the time of the check had missed it because of a situation requiring accommodations; second, that the member of the tent had been prevented from requesting accommodations that would have allowed the check to be completed; and third, that the reason he could not request accommodations was because of the lack of anonymity in the accessibility policy. Under said policy, students needing accommodations were asked to self identify via email to an SDAO staff member and the Head Line Monitors.
On March 1, 2022, the Judiciary found that the lack of a confidentiality provision in the Accessibility Policy of the Official K-Ville Policy violates the DSG Constitution and institutional guidelines. This portion of the policy is unconstitutional. Therefore, the Judiciary ordered the Head Line Monitors to reinstate Tent [Redacted] and to revise the Policy before the 2022-23 basketball season.
Application of Power of the Judiciary The DSG Judiciary is authorized to rule in this case pursuant to DSG Constitution Article V, §5, Clause (a): The Judiciary shall decide all cases arising under this Constitution or By-Laws and all cases in which jurisdiction has been granted to it by the By-Laws or by the Senate.
Relevant Law DSG Constitution Article V. The Judiciary, §5. Powers of the Judiciary, Clause (a): The Judiciary shall decide all cases arising under this Constitution or By-Laws and all cases in which jurisdiction has been granted to it by the By-Laws or by the Senate.
Article VI. Bill of Rights, §5: All students have the right to equal protection under the law. No student shall be subjected to discrimination on the basis of race, ethnicity, gender identity, sex, religion, national origin, sexual orientation, disability, or socioeconomic status; but this enumeration shall not be construed to condone other violations of equal protection.
Article VI. Bill of Rights, §9: Any student or group whose rights under this Bill, or under other provisions of the Constitution and By-Laws, have been violated has the right to seek a statutory or equitable remedy from the Judiciary. And every student or group suffering punitive action from DSG, beyond removal from office and enforcement of civil obligations, has the right to an impartial trial by the Judiciary before such punishment may be imposed. No conviction shall be sustained except on clear and convincing evidence that the defendant committed an offense which, before its commission, had been defined in By-Law.
Krzyzewskiville Policy General Rules and Etiquette, City Limits (pp. 5) Krzyzewskiville is formally defined as the grassy lawn area in front of Card and Wilson gyms, their surrounding sidewalks, and the plaza in front of Cameron and the Schwartz-Butters Building.
General Rules and Etiquette, Accessibility (pp. 9) Duke University encourages persons with disabilities to participate in its programs and activities. If students with disabilities would like to take part in the regular Walk-Up Line or Tenting procedures, The Head Line Monitors will work in conjunction with the Disability Management System to ensure that Walk-Up Line and Tenting accommodations are made for the individual’s needs. If you anticipate needing any type of reasonable accommodation or have questions about the physical access provided, please contact Leigh Fickling in the Disability Management System at [email protected] and the Head Line Monitors at [email protected] as soon as possible.
General Tenting Policy, Tent Checks (pp. 28) To ensure that each tent is appropriately representing its place in line, the Line Monitors will call tent checks. The Line Monitors may announce a tent check at their discretion. A check will be signaled by the sounding of a bullhorn siren. A Line Monitor will circle the entirety of K-Ville with the horn to ensure that it is heard by all tenters. To check in, gather all members of your tent and go to the Morton plaza. Please wait until the required number of tenters are present to check in with a Line Monitor — this allows us to more quickly check in entire groups. We cannot check in your tent until all required members are present. Tents who have yet to be checked but appear to be missing will — at a minimum – be given three warning calls over the bullhorn before being marked as absent. After the final warning call, two minutes will be given to allow for tenters to check in. After this time elapses, the check is officially over. Line Monitors cannot be held responsible for checks missed due to tenters using the bathroom, failing to hear the siren due to the use of noise-canceling headphones, being asleep in the tent, or similar related circumstances. Cellular data/location services/texts cannot be used as proof of being in K-Ville.
General Tenting Policy, Missed Checks (pp. 29) In order to make a tent check, the correct number of tent members for the designated period must be present within the defined boundaries of K-Ville at the start of the check and check in with a Line Monitor during the duration of the check. Checking in entails each present group member presenting their Duke Card to a Line Monitor. If the tent fails to complete this, the check will be counted as a missed check for that tent. Each tent is allowed one missed check per tenting period. This first missed check is meant to accommodate for any unfortunate circumstances or accidents wherein Line Monitors cannot verify that a tent made a check. Missing a second check will result in the tent being bumped to the end of the line, behind all registered tents.
On the evening of February 19th, 2022, at approximately 11:11pm, the Petitioner’s tent missed their second tent check of the White Tenting season. The Petitioner was part of a “Flex” tent, Tent [Redacted]. On the morning of February 20th, the Head Line Monitors informed the Tent Captain and tent members that Tent [Redacted] had been removed from the line per the 2021-2022 Official Krzyzewskiville (K-Ville) policy. In contesting this missed check, the Petitioners raised issues with the implementation of the K-Ville Accessibility policy. The Petitioner alleged first that the tent member present at the time of the check had missed it because of a situation requiring accommodations; second, that the member of the tent had been prevented from requesting accommodations that would have allowed the check to be completed; and third, that the reason he could not request accommodations was because of the lack of anonymity in the accessibility policy. Under said policy, students needing accommodations were asked to self identify via email to an SDAO staff member and the Head Line Monitors. In response, the Respondents argued that they had followed all K-Ville policies, including during the time of the check and in regards to the 2021-2022 Accessibility Policy, which they testified had been employed by multiple students. They also alleged that the policy had been recommended and approved by the Judiciary.
1. Can digital evidence be used to reverse a missed tent check?
2. How many rounds are line monitors required to make for missing tents, and were sufficient rounds made during the tent check in question? 3. Was the accessibility policy within the Official K-Ville Policy properly executed?
4. Is the accessibility policy constitutional?
On March 1,the Judiciary found in favor of the Petitioners on the grounds that the policy as written was unconstitutional because it violated a fundamental right to equal protection guaranteed in Article VI, Section 5 of the DSG Constitution, seen below. SECTION 5 “All students have the right to equal protection under the law. No student may be subjected to discrimination on the basis of race, ethnicity, gender identity, sex, religion, national origin, sexual orientation, disability, or socioeconomic status; but this enumeration shall not be construed to condone other violations of equal protection.” ~ Duke Student Government Constitution, Article VI, Section 5 The Judiciary ordered that Tent [Redacted] be reinstated and either (1) provide the members of the tent the ability to participate in Personal Checks (P-Checks) in a reasonable and accommodating manner prior to the UNC Game on Saturday, March 5 or (2) waive the requirement that the Petitioner’s tent participate in P-Checks to attend the UNC game.
Held The Head Line Monitors faithfully executed their duties under the 2021-22 Official Krzyzewskiville Policy. The Policy violates the DSG Constitution’s guarantee of equal protection under the law. The Judiciary finds in favor of the Petitioner in part and orders the Head Line Monitors to reinstate Tent [Redacted] before the Duke-UNC game.