I ii3irigan Daihj Seventy-nine years of editorial freedom Edited and managed by s+udents of the University of Michigan Fleming and his bureaucracy must go 420 Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. SATURDAY, APRIL 4, 1970 NIGHT EDITOR: JIM BEATTIE BAM strike renews discipline dispute THE RECENT CLASS STRIKE for the Black Action Movement (BAM) is the latest catalyst of a still unresolved dis- pute between, the administration and the Student Government Council (SGC). The disagreement centers around the University's insistence on trying students accused of non-academic offenses before an administrative board composed solely of faculty members. SGC has long maintained that the Uni- versity has no right to try students for offenses outside of academic boundaries, unless an all-student judiciary is utilized. Yet, the University administration has consistently ignored the SGC proposals, and seems bent on a course of adminis- trative action and reprisal - regardless of the nature of the allegations. THE AGREEMENT made earlier t h i s week between BAM and the Univer- sity, represents a compromise that is far from adequate. Although the compromise allows "hearing officer(s)" appointed by President Fleming to serve as an alterna- tive to trial before the faculty adminis- trative boards, the proposal fails to insure that students will only be tried by other students. At a meeting earlier this week, SGC wisely expressed its opposition to the special hearing boards. SGC Executive Vice President Jerry Dedrieck made it clear that, "We are merely reaffirming our position that administrative boards are unacceptable in trying students." More important than the disapproval of the special hearing boards, however, was SGC's decision to urge all accused stu- dents to refuse to appear before any of the college administrative boards as well as the special hearing boards. The rationale behind the decision is farsighted. SGC reasons, a n d not un- foundedly, that if the accused refuse to appear before the administration boards, the Regents and the University will be unable to treat the cases as precedents. The Regents would be especially inclined to do this during the summer, when a large part of the University community is absent. If the Regents are even given the op- portunity of using the trials as prece- dents for succeeding action, the entire future of students' rights would be in jeopardy. One would not dare to hazard a guess as to what kinds of acts students would find themselves being tried for in, the future. For after the University -has extended its judicial control to non-academic con- cerns, there would not be a single area safe from its jurisdiction. It w o u 1 d be equally as feasible that the concept of "double jeopardy" would be thrown out the window, and students might f i n d themselves being tried for the same of- fense in both the University a n d civil courts. THE UNIVERSITY seems to regard an all-student judiciary board as tanta- mount to the creation of a tribunal that will return only verdicts that are sym- pathetic to their peers. Such thinking is illogical, at best, and at worst provides a, chilling insight into the administration's utter lack of faith in its students. In view of the present situation, it is crucial that each of the students facing charges reftise to appear before either the faculty administrative board or the special hearing board. It is also equally important for all students to m a k e it clear to the University that they will not stand by silent and watch the encroach- ment of their judicial rights. By MICHAEL DAVIS Daily Guest Writer JUST TWO YEARS AGO I help- ed inaugurate Robben Fleming as the ninth president of the Uni- versity of Michigan. At the time I warned that, while he clearly had the courage to serve in' that of- fice, it was still too soon to tell whether he also had the knowl- edge and wisdom to serve well. It is no longer too soon. Flem- ing has clearly shown himself un- able to serve well. His record is so condemnable that even BAM's in- credible strike is not a sufficient condemnation of it. Consider his record: - He has urged faculty to adopt rules (duplicating those of SGC) a n d to establish judicial bodies (parallel to those of the student body), in order to have the faculty try students for non- academic misconduct without trial by peers and contrary to previous practice ; - He has brought violence into our community, calling 400 police here to end a peaceful sit-in, and so introduced us to the use of violence as a means of carrying on disputes within the University; - He has perjured himself with increasing frequency, t o o often for it to be accidental, and always in a way favorable to himself. un- til students have ceased to believe in his good faith; - He has tried to keep b o t h students and faculty. but especial- ly students, out of University de- cision-making, by stalling on the student-faculty-proposed Chapter 7 of the Regents Bylaws, by open- ly opposing student-faculty pol- icy boards inside the Office of Student Affairs, by trying to re- duce every student and faculty body, to a body advising him or his subordinates, and by stripping the Office of Student Affairs of important student-related func- tions (against the advice of his own vice president for Student A "firs and over the objection of students) in order to keep those functions where students could not easily influence them; - He has repeatedly refused to recognize the right of students to tax themselves for purposes they deem proper, saying he is opposed to compulsory assessments (even for such purposes as a bookstore or the Martin Luther King Sch- olarship Fund) while supporting administratively-imposed compul- sory assessments for the Events Building, Intramural Building. and the Michigan League a n d Union: - He has become increasingly willing to use police to end pro- test within our community, :u- creasingly high-handed in his treatment of student government, increasingly hard for students to see, and increasingly unable to respond quickly and sensitively to the expressed needs of students black or white: -He has created dissension within our community by playing students against faculty, by ask- ing faculty to discipline students: playing faculty against students by confusing protection of admin- istrative activities w i t h protec- tion of academic freedom; end playing college student govern- ments against SGC, by appealing from academic reprisals for strik- ing or related activity, though the state still maintains courts adequate to handle criminal acts: and has several times threatened the strike with the National Guard, though damage to prop- erty during the strike was small and injury to persons was less than occurred the last time he called police to campus; and - He has brought the Univer- sity to the verge of ruin by his insolent abuse of power, by his in- ability to negotiate with students as equals, and by his unwilling- that, have taken it for racism. They failed to see that Fleming didn't treat them fairly, not be- cause they were black, but be- cause they were students. (He has some respect for black students because he's a guilty liberal and because he knows black students h a v e important friends outside the University.) He has no re- spect for students because he be- lieves that they're powerless (be- cause they lack institutionalized authority and friends outside). that they're immature (because they're younger than he is). and that they're ignorant (because they're still learning). A n d so, since the Regents shared his pre- judice and he did nothing to re- move it, Fleming had no equals to mediate between. BUT EVEN IF he had, he couldn't, as president of the Uni- versity (that is, as president of the administration), have b e en considered neutral. Most serious disputes around here are between students and administrators. Stu- dents know that in such disputes, the daily communications of sub- ordinates and superiors generally carries more weight than their oc- casional and distant demands. Consequently. Fleming had to rely on his experience with cor- porations. He became a corporate president, made the Regents his board of directors, allowed t h e faculty to be his white-collar workers, and treated students as unorganized unskilled workers. He rationalized and centralized the administration. The administration became a bureaucracy., No longer did' any vice president, dean, or director make an important decision with- out consulting his superior. And all lines of consultation led back to Fleming. There was no longer any trouble finding out who was responsible for a particular de- cision. Instead, it became increasingly hard to get a favorable response when we called for a decision. The administration, for all its appar- ent rationality, moved slowly, tended to put off decisions, and frequently didn't get enough in- formation to decide wisely. The bookstore issue produced the new bureaucracy's first serious mis- takes; BAM's demands, its most recent and most serious. THE NATURAL inclination of a bureaucracy is to stabilize. That's its natural inclination be- cause bureaucracy assigns all non- routine decision-making to a few people. Since most non-routine decisions require considerable in- formation, thought, and analysis, a few people can only handle a few decisions at a time. Students, forming a highly de- centralized and lively community (quite different from that of un- organized workers or ordinary customers). have had no trouble raising many non-routine issues at o n c e. Fleming's bureaucracy has been unable to deal with more than a few at a time. This in- ability has caused an increasing- ly large backlog of issues, many of which n e e d quick attention. Fleming, trapped inside his bu- reaucracy. increasingly finds him- self with only enough time to take a cursory look at an issue before deciding. And. decisions made that way are likely to be unwise. Whenever he responds unwisely, he causes a crisis and the backlog increases even faster, making an- other unwise response more likely yet. THE BAM STRIKE signals the bankruptcy of Fleming's bureau- cracy. Therefore, I call upon Fleming to resign - not to make room for a better man - but to make room for another man and for a better system. And I call upon the University community to return to the work it began in November, 1966; de- centralizing University decision- making and putting all decisions into the hands of those primarily affected. The bureaucracy has martyred Robben Fleming. Let us make it unnecessary to have any more martyrs. 4 ,A' 4a to the colleges whenever he didn't like SGC's position and thought he could do better with the col- lege student governments (whcm he supposed less well informed on campus-wide issues and more easily overawed by his authority>; sHe has tried to silence dis- sent against himself by using the fear of the Legislature and Re- gents; has tried to keep students and faculty from dir'ect negotia- tions with the Regents, limiting their contact to brief formal hearings and opposing nonvoting student and faculty seats on the Board of Regents; and has sys- tematically misinformed, a n d failed to inform, the Regents of the merits of proposals brought before them; - He has at least once sup- ported action denying a student any semblance of due process; has opposed protection of students ness to relinquish any power now delegated to him or his subordi- nates. FLEMING IS NEITHER a bad nor a stupid man. He came here with excellent credentials and good intentions. He looks worn these days; but otherwise he is much the same man he was when he came here. How could he have done so badly? Fleming's credentials w e r e a) experience as a mediator and b) experience with corporate organ- ization. His credentials doomed him. His experience as a mediator was useless. To be a mediator, one must 1) have parties willing to consider each other as equals and 2> be himself considered neutral by both parties. Fleming shared with the R - gents a feeling that students are inferior. Black students, noting 4 -1 -ROBERT SCHREINER Letters to t'rie Ediltor E gineering Council: In its own world ENGINEERING COUNCIL is a legisla- tive body that, in the words of former president Chris Bloch, "represents and serves the students in the College of En- gineering." The 85 members, who Bloch refers to as a "great bunch of guys," are given a specified budget, $3400 this past year, and are giyen the authority to im- plement this budget by majority vote, It is, as one member said, "the most conservative body on campus." The En- gineering Council has demonstrated little concern for social progress and change. The claim that engineers are only con- cerned about their own "little world" ap- plies to the council. Their bi-weekly meetings h a v e dealt exclusively with the more trivial concerns of the Engineering School. When they have been challenged to deal with the outside world, they have retreated into their own parochial atmosphere. An example of this reactionary attitude was evidenced at their April 2 meeting. Three motions were introduced to t h e council. One condemned Dow's perform- ance in the March 3 forum that was pre- sented by the Radical College. The next MARTIN A. HIRSCHMAN. Editor STUART GANNES JUDY SARASOHN Editorial Director Managing Editor JIM NEUBACHER......................News Editor NADINE COHODAS................... Feature Editor ALEA CANADY ................Editorial Page Editor BRUCE LEVINE...............Editorial Page Editor R A. PERRY ...........................Arts Director LAURIE HARRTS ..................Arts Page Fditor JUDY KAHN .. .............Personnel Director DAN ZWERDLING .. ......,..magazine Editor JAY CASSIDY ....................... Photo Editor NIGHT EDITORS: Rob Bier, Jim Beattie, Dave Chud- win, Steve Koppman, Robert Kraftowitz,CRick Perloff, Lynn Weiner, Sharon Weiner. DAY EDITORS: Jane Bartman, Lindsay Chaney, Erica Hoff. Tammy Jacobs. Pat Mahoney, Anita Wetter- stroem. IAN G. WRIGHT Business Manager proposed a donation of $100 to the Martin Luther King Scholarship Fund and the third was a request by the council for a new computer for the Engineering School. Numerous objections were presented to the Dow resolution. The main objection was that the council had "no business singling out Dow Chemical to criticize." It is ironic, however, that as one member observed, the "council has found itself competent before to condemn student disruptions, so then why do we find our- selves incompetent when we are asked to condemn Dow ". It boils down to the fact that the council is reluctant to venture outside of its domain and to comment, much less criticize, something that is go- ing on outside of the Engineering School. They have not only chosen not to rock the boat but also not to get into it in the first place. THIS IS NOT the only example of their parochial and limited attitude. When the motion to allocate $100 to the Martin Luther King Scholarship Fund was in- troduced, it had to be quickly pointed out to one worried council member that the money did not go exclusively to blacks but to any disadvantaged students. The objection was made that this allocation was nothing more than "extortion" and that people should only give when they themselves w a n t to. The motion was voted down decisively. When examining the 1969-70 budget of t h e Engineering Council, however, o n e is given the im- pression that a $100 donation to the fund would not have placed a strain on their resources, seeing that they had a surplus of $1178. Contrast a rejected $100 dona- tion to the scholarship fund to the $290 expenditure on the council's yearly ban- quet, and it is evident that the priorities need reordering. Nevertheless, the third motion was more successful. The request for a new' computer was passed by the council with- out any difficulty. When noting that the mntinn for the n e w comnuter nassed, Fleming To the Editor: I SUPPORT the BAM denands especially as improved upon by the Reg'ents with implementation as planned by Dean Spurr. In spite of misinformation to the contrary, the Regents, according to Dean Spurr, have been committed to a goal of 10 per cent Black student enrollment by the fall of 1973. The faculty, through the Sen- ate Assembly and various colleges, has fully supported this desirable goal and has urged that the re- sources be made available to meet it. Many students apparently sup- port the BAM demands as evi- denced by their overwhelming vote on the Martin Luther King referendum and the tremendous support of the BAM strike. Why then, does the strike con- tinue? Why then will conflict re- main unresolved until the Univer- sity is shut down? The answer is abundantly evi- dent to anyone who has been forced to deal with or who has at- tempted to work through the non-' academic administration. It is staffed with persons who are unable or unwilling to com- municate a simple idea in written and/or oral form. The examples of the past week are classic in- cluding an apparent debate among high administration officials as to whether the Regents commit- ted $2,000,000 or $9.000,000 to partially meet the needs of the Blacks. Lack of space prevents discus- sion of other ludicrous examples of failures to communicate - or even attempt to communicate - with BAM leaders. One tragic ex- ample will, I hope, illustrate one or more points. Detailed account- ing with respect to time is pro- vided. I WAS IN Rackham Auditorium Sunday eveningJack Hamilton has proof that the WUOM cove- age of the BAM rally started at 8:18, I am fairly certain that no speaker appeared at the podium before 8:30 but that can be estab- lished from the tape. The tape will also establish whether or not any- thing that was stated during the first hour could possibly be inter- preted as "speaking of the issues in negotiation andindicating where we were in agreement and in disagreement" (R. W. Fl:ming, March 26, 1970). Having been there and after talking with others who were there I can conceive of no way in which anything stated or sung during the first hour could possibly have been so interpreted. Suppose, however, that I'm wrong. Then consider the following timing: 1) Some words were spoken by Blacks at approximately 8:30 P.M. 2) Someone interpreted these words as a breach of good faith by the BAM leadership. 3) This information was com- municated to President Fleming in his fortress. si After some deliberation as justified by the gravity of the situ- ation, Mr. Fleming "authorized our news people to release our record of the status of the nego- tiations" (R. W. Fleming, March 29, 1970). 5) The record was taken to WUOM and Jack Hamilton dis- cussed details over the air starting at 8:45. Such a coordinated effort by the administration is indeed remarkable. All this communica- tion including arrangements to go on the air was accomplished in a total time of 15 minutes! Amazing! PRESIDENT FLEMING was quick to apoligize. He stated "we should not have released our in- formation and I regret it." His letter is a classic! It should be studied by every person in the academic community. It is not written by a man in contr'ol of himself! It is not written by a man in control of people working under him! In short it is a complete il- lustration of the situation as it has existed inside the administra- tion's fortress for at least two weeks. What is the purpose of all this detailed accounting of time in connection with one disjointed in- cident in a disastrous chain of events? I find it next to, impossible to believe that the chain of events described in the preceeding para- graphs ever took place; in short President Fleming or someone in his administration contrived a si- tuation so as to have an excuse to r'elease the. carefully, prepared statement regarding the demands. Impossible you say! Have you any other explanation? I REPEAT that I support the BAM demands. I find them to be well thought out, to be reasonable, to have been presented in good faith, and to have been supported against all types of "strike-break- ing tactics" by nieans that were primarily non-violent. If continued ineptness on the part of the President and his ad- visors results in a complete break- down in the democratic process we have witnessed, thereby forcing the Blacks underground, it will be a tremendous loss not to the Black Community but the white com- munity which cries out from lack of dedicated leaders. -Prof. John E. Powers Chemical Engineering Dept. JAMES WECHSLER~ Bunker prelventsa coup against ieu IS THE THIEU REGIME facing an internal explosion? Is the U.S. government-and specifically the Ellsworth Bunker establishment in SaigonJ-the major obstacle to an upheaval that could herald the emergence of a coalition regime capable of negotiating a peace? These questions have been recurrently suggested in recent weeks by reports of Thieu's intensified war against dissidents and the failure of Bunker and his aides to protect those-such as Assemblyman Tran Ngoc Chau-who have previously worked with U.S. officials. Now the issues are sharply defined in a letter smuggled out of a South Vietnamese prison on March 8 by Truong Ding Dzu, the "peace candidate" who finished second in the 1967 elections. It was received here by his son, David Truong, 24-year-old refugee from Thieu's despotism, who has been touring this country for more than two years in a valiant one-man crusade to secure his father's liberation and to rally support for a "Third Force" U.S. policy. IN MAKING THE letter available to me, Truong said he did not expect to receive any further communication because he had learned from other sources that prison authorities have severely tightened their security measures. Although the letter was written nearly three weeks ago, its content appears remarkably consistent with the tone of subsequent news re- ports. These are key excerpts: "The situation here is very explosive . . . It is like the post-Dien Bien Phu era or the one before the fall of Diem. Many things along with the Chau affair have created a violent disturbance within the population. Plus the struggle of the Cambodian monks which still goes on and the shortage of rice in Central VN, the situation is very ripe- among the unions, the students, the An Quang Buddhists-for the fall of the regime. But the crucial' question is whether the Americans want it. I believe that as long as Bunker is here, there will be no coup against Thieu: "I hope he will leave in April as expected. You must have followed the Laotion situation, which is another tragedy for Nixon. He cannot send in ground troops, and the air force by itself cannot win the war. The Pathet Lao controls practically everything but a few major towns. But you should always concentrate on Vietnam, for it is obvious that nothing will be solved until there is some political consensus on the settlement for Vietnam . "Thieu was stupid to make so much fuss over Chau. Chau was a civil servant working in the Rural Development and the Psychological War Department for the Americans. I have seen and talked to him. At least he seems to have learned the price for having worked for Americans. That will be perhaps the last time that any Vietnamese works for Americans. He is all for a coalition government now. It is funny that he is in the same cell next door with Huyhn Van Trong and company. Soon we will have a whole government in the shadows. "Without Bunker we would have had a change of government by now." NO DOUBT THOSE policy-makers who have succumbed to the delusion of "Vietnamization" will discount Dzu's appraisal as the angry fantasies of a political prisoner. But it must be pointed out that the opposition's estimates of the weakness-military and political-of the Thieu structure have been repeatedly validated. As for his sources of information, one must assume that new arrivals in prison supplement the reports he has heretofore been able to obtain through clandestine channels. Bunker's role as Thieu's last-ditch apologist and guardian has long been documented; in effect Dzu is confirming the view that Averell Harriman, among others, is reported to have privately expressed on many occasions since leaving the Paris peace talks Yet it may be wistful to assume that Bunker's retirement-overdue as it is-will miraculously alter the deadly drift. In part that would depend on the identity of his successor. Far more important, however, would remain the question of whether the Nixon Administration is prepared to abandon its 'alliance with Thieu and its resistance to the cnneent of a coalition government. 4 ii ,b r- f f I yam Qij R tf! k ' V t-13 AIL ,, T