9w eMiri$gan Batty Seventy-nine years of editorial freedom Edited and managed by s+udents of the University of Michigan 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. FRIDAY, APRIL 10, 1970 NIGHT EDITOR: STEVE KOPPMAN Fast for peace: An example ROTC:. By BARRY E. AUSTIN LET (EDITOR'S NOTE: Barry E. Austin tions : Is a junior in electrical engineering.) 0 TI ATTENTION Army ROTC ca- tremel dets! Army Regulation 145-1 do nd provides for disenrollment from the He mu program withd.it penalty or future H obligation. Paragraph 3-59 states (includi that, "A 2-year scholarship may contra be terminated at any time prior to when t the completion of the first year as to c . . . A 4-year scholarship may be contra terminated at any time prior to 0 T] completion of the basic course." that he In addition, for those students who creditt decide after these deadlines that ROTC( they wish to get out, you may sub- contras mit a letter of intent to resign tremely from the Corps at any time, which since i the PMS must forward to higher tional, headquarters for action. So, des- the RC pite the saying, "You're in the 0 Tr Army now. You'll never get out ship a . you, can get out if you so be req choose. absenc This is not an attack on ROTC. so) ift the military-industrial complex, or 8 term the University's affiliation with no-cred the military. Rather, it is an at- gradua tempt to give any interested cadet terms. information on his status in dent, e ROTC, information that was his tu denied to me. I signed a 4-year shock. contract with the Army when I was 17, before I understood its full 0 T ramifications. I believed it was the expens best way I could serve my country. fically Little did I realize what I had Until1 signed away, until just recently. year w Ins and outs of getting out ME outline my observa- IE CONTRACT is ex- y vague: the cadet signs a st of things that he will what happens if he doesn't. st abide by all regulations ding those governing his ct) and has no recourse these regulations change so hange the conditions of that .ct. 'he cadet is not informed e will receive no academic towards graduation for his courses (until he signs the ct, that is). This is ex- y shocking to an engineer, t will take him an addi- term to graduate due to aTC courses. Cose students on scholar- re not told that they will uired to take a "leave of e" (no funds for a term or their schooling takes o v e r s. even if it is due to the dit ROTC courses that tion takes more than 8 For an out-of-state stu- especially, planning to have ition paid, this is quite a HE AGREEMENT to pay all es, as the contract speci- states, is not carried out. last year, only $100 p e r vas granted for books, sup- plies, etc.; in Ann Arbor these costs amount to around $150. * Upon signing the contract. ,one is assured that he may select the branch assignment commen- surate with his degree. Yet because of the number of junior officers being killed in Vietnam (a n d other places?) this is not the case. Thus, your college degree is use- less as far as your career is con- cerned. *The course content is rinky- dink (LSA has voted to withdraw credit; noted for their rinky-dink courses, one can only imagine how bad ROTC is if they think it is awful), and huge quantities of reading material are assigned, along with demands for immacu- lately shined shoes and brass, etc., to cover up for the lack of sub- ject matter. To pass exams, one simply memorizes lists of things from Army manuals and spits them back on to the paper. Per- haps this is why returned exams may not be copied or taken out of the room. * ONE IS TOLD which organ- izations he may join, what activi- ties he is "expected" not to at- tend, where he "optionally" should put in an appearance (Regent's meetings on ROTC, Military Ball), what his views on a particular sub- ject "might be," etc. "Think as we think and you'll get ahead fast." the Sgt. promises. * When anyone asks a contro- versial question in class, it is either ignored or responded to with "I can't answer that because as a member of the military. I must not contradict superiors, es- tablished policies, the. President. . . . Occasionally, though, one gets a snappy, "See me after class and maybe we can arrange a time to discuss this when it is con- venient for us both." * And, perhaps what is most angering on a university campus. is the idea of "Do what you're told, NOW, kid." Each cadet gets that firmly drummed into his brain; with the qualification that he is supposed to think on his own. however, but only to "decide how to do it best." (I would comment, on the side, that Lt. Calley ap- parently did a good job.) THESE ARE but a few of the difficulties and inconsistencies that I found in my 2%12 years on the ROTC program. When I could put up with it no longer, I search- ed for help in getting out. I found no College or University commit- tee available to assist me (even the President's office said, "Sor- ry"). My main problem, then. was to find someone who knew what the true story was --what my obli- gations and rights were. Access to the relevant regula- tions had been denied to me at North Hall. Committee assistance w~as unavailable, and no one I talked to knew anything that ,ould help me. Fortunately. I had several contacts in the Army up- per levels who steered me straight. I submitted a letter of intent to resign from the Corps (as per AR 145-1t. and about five weeks later 'after questioning about my 'sub- versive" activities, "moral obliga- tions" to my country, etc.) I was discharged from the ROTC pro- gram and the Army Reserve. FORTUNATELY, the Regents have now called for a committee to handle student problems with ROTC. At the same time, discon- tent and rebellion exists in t h e Army ROTC cadet corps and Is mounting: many students want to get out of the program but do not have the neededdinformation on what they may do to disen- roll. Rumors of immediate induc- tion as an enlisted man, talk o being labelled forever afterwards as "a subversive," and other dev- ious lies are spread by someone. To those who are happy with the program and wish to continue, I wish the best of luck. To those who want to get out, be it known that you can get out. 41 AFTER A LONG winter's hybernation, the, Vietnam Moratorium Committee has surfaced again with a new plan of nonviolent protest for peace in Vietnam. On April 13-15, there will be a nation- wide Fast for Peace, with participants skipping all meals or as many as they can during that time. Money which would norm ily be spent for food will be con- tributed to 'aid Vietnamese and American victims of the war. Three organizations will each receive one-third of the f u n d s collected. The American Friends Service Committee's Vietnam ,Relief Program] will distribute 'food and' medicine in Vietnam. American poor people, who have be e n neglected while the nation spends millions in Southeast Asia, will receive fast funds through the National Welfare Rights Or- ganization and the United Farm Workers union. Contributions should be sent to "Peace Fast Fund" Vietnam Moratorium Committee' Suite 8061 1829 Vermont Avenue, N.W. Washington, D.C. 20005. SINCE MANY STUDENTS have semest- er-long food contracts in dorms or ICC co-ops, we urge these residential units to make arrangements for interested stu- dents to participate in the Fast for Peace. One co-op has already voted to let mem- bers who wish to fast sign up in advance so that the house steward can plan to cook smaller meals .on the fast days. The treasurer will send the money for the food which the fasters would have con- sumed to t h e Moratorium Committee. Others would do well to follow suit. -JENNY STILLER A, Class disruptions: Central Student Judiciary Whose 'turf' Graduate School Executive Board Strike at Wisconsin, but where did the media go? FOR THE PAST MONTH the University of Wisconsin has b e e n nearly shut down as a result of a contract dispute be- tween the 970-member Teaching Assist- ants Association and the university. But you have to call a friend or a news- paper in Madison to find that anything out of the ordinary is going on there. Most assuredly, you won't find any stories carried by the national wire services. Apparently, the strike, which has gain- ed substantial support from the student population, is not violent enough to earn screaming headlines about rampaging students, disruption, disorder, a n d de- struction. And its peaceful existence just doesn't rate coverage. THERE HAS BEEN no damage to build- ings, no class disruptions, only one in- cident of "tight picketing" which resulted in five arrests and involved a university truck making an early morning delivery. Similarly,, the strike has proceeded through legal channels as we know them in labor-management negotiations. In May the University recognized the TAA as the official representatives for t h e TA's. Bargaining began a n d continued until January when the TAA broke off negotiations claiming no progress h a d been made. The strike finally started in March af- ter the TA's rejected a new university offer, claiming that most importantly, it did not have adequate provisions for stu- dent input into curriculum decisions. According to Wisconsin state law the strike is illegal because the TA's are con- sidered public employes and are there- fore prohibited from striking. An injunc- tion was served on nine TAA leaders Sat- urday and they and 19 other TA's are scheduled to appear at a hearing today to show cause why they should not be ar- rested for being in contempt of court. ALL OF THIS has been orderly, all with- in the democratic system which ev- eryone wants the younger generation to follow. Yet why is it so woefully ignored by the national news service. Can a suc- cessful month-long strike t h a t nearly closes one of the largest universities be that unimportant? Do students only rate news coverage when they resort to violence, the details of which deliciously reported, can incense millions of the silent majority? It is unfortunate that this seems to be the case for it adds to the already signifi- cant g a p between the generations by making the students appear simply as a disruptive, violent force, only worth men- tioning when they do what their elders condemn. IN THIS NATION, it seems you have .to be silent or violent to be heard. -NADINE COHODAS Feature Editor By EDWARD KUSSEY Chairman Central Student Judiciary TWO STUDENTS came before the Central Student Judiciary, asking that we assume jurisdiction in an action now pending before the Executive Committee and 'its Board of Inquiry of the Rackham School for Graduate Studies and the Executive Committee of the College of Literature, Science, and the Arts. The Plaintiff in the ac- tion before the two committees is a professor of this University and charges these two students with disruption of his class. It is al- leged that the disruption took place during the week of ,the Black Action Movement Strike. The request for assuming juris- diction came to the court in the form of a Petition for Removal. Defendants (petitioners) asserted their rights in accordance with Article 1, section 3,of the Manual of Procedure: "The Central Student Judici- ary . . . exists as: (3) The Judicial body of orig- inal jurisdiction over any case in which either there is no other judicial body with original juris- diction, or the Judiciary, upon request of the defendant, deter- mines that it should exercise original jurisdiction." This proposition find its author- ity in Article IX, section C of our constitution, the last clauseaof which is of substantially the same language as the Manual. Thus, it is clear that the Court has dis- creditionary power to grant re- moval petition upon sufficient cause. It is also clear that the court may, and in this case has, granted this relief upon the sole request of the defendant-peti- tioner. Removal is a serious matter, and the court does not act favorably on such petitions except in the most serious cases. Earlier in the term a student made such a peti- tion to the Court (case No. 70! 004), which the court summarily refused, referring that student to his Iouse Judiciary. This was in spite of an allegation concerning the House Judiciary's lack of ob- >jectivity and allegations of such a political nature as to raise ques- tions of the House Judiciary's abil- ity to try the case (The student asserted lack of fairness in dues assessment.) Nevertheless, we de- cided that the matter could be handled most appropriately by the lower court. They have brought before us evi- dence which shows that such rights (particularly the right "to be originally judged only by a judiciary drawn from and respon- sible to a democratic constituency to which they belong," Article VIII (A) (17) are in eminent danger, and that such rights may already have been violated. The Court has often reiterated the severity with which it views violations of their rights and the alacrity with it will ,act to insure that these rights will be protected. The right of removal finds its basis not only in the direct words of our constitution and our cases. but also in the common law. The idea of forum now conviens found its way into the law centuries ago. It is perfectly clear that the bodies before which the petitioners are now required to appear cannot be "convenient" forum. These bodies are not properly constituted to hear cases of the type which are being brought. Their procedures are set up to deal with only the most simple kind of purely aca- emic violations. Furthermore, these bodies have virtually no experience in dealing with disruption actions. The most cursory overview of campus his- tory will show the alarming lack of concern for due process which these bodies have shown in when matters vaguely similar to the one presently before us were handled by them or their agents (seebcase No. 70/005). Finally, the basic, rights of trial by peers granted under the constitution (Article VIII (a) (17) clearly prevents the two, administrative boards from proceeding. It should be noted that the procedure which we have adopted in this action is one which neces- sarily springs from the by-laws which the joint student-faculty- admiistrative committee approved a year ago. The lack of communi- cation and decision which has ex- isted concerning these by-laws since that tinie has given rise to the confused state of affairs which made our action imperative. Sim- ilar actions and like confusion will exist so long as those whose duty it is to see that these by-laws are passed refrain from doing so. Thus, the petition for removal is hereby granted, and the court takes the following action: (1) All parties are enjoining from proceeding in these mat- ters in the tribunals before these matters are now pending. (2) Central Student Judiciary assumes jurisdiction in this case and orders a pretrial to be held to determine whether' a full hearing is justified by the evi- dence. (EDITOR'S NOTu: The following is the statement by the Executive Board of the Rackham School of Graduate Studies concerning stu- dent conduct.) The Executive Board of t h e Horace H. Rackham School of Graduate Studies reaffirms that it has authority in matters related to student conduct, and will con- tinue to exercise that authority. The following itemshrelate to that position. Under Chapter VIII, Section 8.15 of the Bylaws of the Board of Re- gents, the paragraph on Govern- ing Faculties states: "Except as hereinafter provid- ed, the several governing facul- ties shall have power of disci- pline over cases of misconduct committed by their own stu- dents." The subsequent provisions do not limit the Graduate School in its exercise or authority on i t h e s e matters. For many years the following statement appeared in the An- nouncement of the Graduate School: "The principal other respon- sibility of the Graduate School with regard to students is the disciplinary authority which, except for automobile driving regulations, has never been delegatedsby the Graduate School to any other officer or agency of the University and therefore resides in the office of the Dean of the Graduate School." On March 15. 1967 the Execu- tive Board of the Graduate School unanimously adopted the follow- ing statement: "Members of a community of scholars have the responsibility for respecting and protecting the rights of others to express their views. Interference wvIt h orderly and peaceable discus- sion is inexcusable and will not be tolerated in a University community. "A graduate student is in training to become a member of the community of scholars, and one of the hallmarks of that community is free and ob- jective discussion. When a stu- dent seeks to curtail in any way the freedom of discussion of others, he calls in question his fitness fpr a scholarly ca- reer. The Execueive Board has authority with regard to stu- dent discipline to the extent necessary to maintain the free- dom of expression of its facul- ty, student body and guests." The statement referred to in Item C above was endorsed by the Board of Regents at' its meeting of March 17, 1967, in a motion which included the following lang- uage: "Resolved that the Regents support and commend the statement issued by the Execu- tive Board of the Graduate School and endorsed by the Graduate Student Council . . . We particularly note and com- mend the intention to apply appropriate academic disci- pline in the event of any such conduct by any student, and' we assume similar intention with reference to like conduct by undergraduate students." The current rules of the Grad- uate School and the procedures for dealing with matters relating to student conduct are included on pages 17-19 of the 1969-70 An- nouncement. These rules and pro- cedures will be followed by the Executive Board. Pertinent ex- cerpts from those pages are given below: "The Executive Board of t h e Graduate School, through dele- gation from the Regents, reserves the right to discipline, exclude from participation in relevant ac- tivities. or dismiss any student whose acadehic nerformance is unsatisfactory or whose conduct is in violation of regulations auth- orized by the Board of Regents, general standards established by the School or specific stnndsrds established by the department or program. The student will always have the right to a formal state- ment of charges, to be presented with the evidence against him, to a formal or informal hearing with an adviser present, to be able to present evidence in his own behalf, and to have the right of appeal to the Executive Board." (Page 17, paragraph 6). On-Campus Behavior "All elements of the University community are affected by the be-' havior of individuals, regardless of status, when acting within that community. The Graduate School reserves the right. threfore, to dis- cipline students enrolled in it for violation of the following stand- ards\ of conduct on University- owned or controlled.property or at University-sponsored or supervised functions: 1. Dishonesty. such as cheating, plagiarism, or knowingly furnish- ing false information to the Uni- versity such as forgery, alteration or misuse of University documents or academic credentials; 2. Failure to meet obligations in teaching and research employ- ment relevant to and education- ally related to the student's aca- demic program; 3. Disruption of teaching, r e- search, administration, disciplin- ary procedures, or other Univer- sity activities, including its pub- lic service functions, or of other authorized activities on Univer- sity premises: 4. Physical abuse of any person on University-owned or controlled property or at University-sponsor- er or supervised functions or con- duct which threatens or endangers the health or safety of any such person. Procedures for Enforcing Rules of Conduct The procedures described below related to the enforcement of rules of conduct established by the Executive Board or to rules of conduct establishedr by the Board of Regents, the enforcement of which are delegated by them to the Executive Board. 1. Charges of violation are for- warded to the Dean of the Grad- uate School, 2. The Dean will conduct a pre- liminary investigation to deter- mine whether or not there is sufficient basis of evidence to justify formal consideration. He may dismiss the charges or refer them to the Graduate School, Board of Inquiry, informing the student of the charges and ac- 'quainting him with the proced- ures of the Graduate School in in- vestigating such charges. 3. The Board of Inquiry of the Graduate School will be copos- ed of three members of the Grad- uate Faculty and two Rackham students appointed by the Execu- tive Board on an ad hoc basis from panels appointed at the be- ginning of each academic year. The faculty panel will be compos- ed of eight, two nominated by each of the four divisional boards. The student panel will be composed of four Rackham students nominat- ed by the Graduate Assembly. A quorum of three is required for a Board of Inquiry to function. Each Board will choose its own chair- man, has the right to seek advice and counsel, and may have advis- ers present at its sessions. 4. The Graduate School Board of Inquiry will schedule a hearing of the charges. The Dean will provide staff support. The s t u- dent may have an advisor present such as a member of the faculty, friend, relative, or an attorney. The hearing will be confidential, but it may be declared open by the Council on the written request of the student. 5. The Graduate School Board of Inquiry will report its findings and recommendations to the Exe- cutive Board of the Graduate School. with copies to the student and his department. 6. Both the student arid his de- partment will be given a period of not more than 30 days to com- ment on the findings and recom- mendations of the Board of In- quiry. 0 Behind every great man1... stands Martha Michl I, BEHIND EVERY successful man is a wo- man and thank the Lord for Martha Mitchell. The wife of U.S. Attorney Gen- eral John Mitchell came through again yesterday as.she called up the Arkansas Gazette, largest paper in her home state, and told the Gazette, "I want you to cru- cify Fulbright (Sen. J. William) and that's it." The senator had aroused the lady's ire Monday when he voted against confirm- ing Judge G. Harrold Carswell - whom her hubby had recommended to Nixon - for the Supreme Court. "IT MAKES ME so damn mad I can't stand it," Mrs. Mitchell reporte ded. "He could have done a great c the whole vote." And: "He is not senting the people of Arkansas. I 1 kansas and ,I want everything1 for my state.' Fulbright had better w a t c h southern belle warned, because shE "three or four people from Arkan, are very influential and who sa would disown Fulbright." YESSIR, MARTHA, that's the u system works. If you don't scra back, I'll claw yours. . kA 1,"1t" The case before us at the pres- ent time, is, however, of a com- pletely different nature. The Peti- vay the tioners have alleged the most ttch my serious and flagrant violations of rights granted thefn under the constitution (specificallynArticle -N. C. VIII, sections A 16, 17 and 19). 7. The Executive Board then act on the matter." will LETTERS TO THE EDITOR Who says You can't fight City To the Editor: I FEAR that the statement I read to the City Council Tuesday evening regarding the Hill and Onondaga property purchase was not reported clearly. I believe that the subject may be of enough in- erty was for sale; the Commission made a purchase offer; the owner was willing to sell at the stated price; the owner presented a sales contract; and the Housing Com- mission presented the contract to the City Attorney's office, which Ar1',H that it iwoulda to +n - of that party's candidates for of- fice in 1968, and a University pro- fessor. I HAVE HAD the sad experience of interviewing the attorney and the professor's wife, also a recent nolitical candidate. during the last standards, this would be a crime against proper city planning, and the group is engaged in a private business transaction that is no- body's business but their own-you have heard it all before, and I see that you have been mumbling the trangiation to yourselves as I re- !IalI'? ing public housing for poor people on scattered sites, including this site in the Second Ward. I hoped that the request might be Iulfilled by tonight; it seemed reasonable that a group that had established a track record for buying some- thing for $85,000 in two days could a yam.. ,: . , . r A -MAC, at rn lame I