PAGE TWO .
THE MICHIGAN DAILY
TUESDAY, OCTOBER 18. 1966
TWO THE MICHIGAN DAILY TUESDAY. OCTOBER iR. 19Cc
a. -++ . +. i v ava-iua . ivy aa VV
SACA U
Studies Disclosure of Membership Lists
(ontinued from Page S) from other subpoenas received by
In 1963, the Subcommittee on the University and routinely res-
Student Records and Their Use, ponded to. For five days after re-
a subcommittee of the Univer- ceipt of the subpoena, no consul-
sity Committee on Student Coun- tation occurred, and the vice-
seling Services, reported their sur- presidents who knew of the sub-
vey of how records were kept poena did not raise it for discus-
throughout the University. They sion at the regular meeting of the
found that records were kept to vice-presidents on August 9.
assist in counseling, In writing rec- In the discussions that led to
ommendations for jobs, in mak- the decision to comply on August
ing decisions about. scholarship, 11, there was no explicit consid-
and in compiling annual reports. eration of any threat to the civil
Practices varied widely. Some liberties of those whose names ap-
departments required photographs, peared on the lists, to the autono-
religious affiliations, and ancestral my of the University, or to the
backgrounds. Others kept no in- basic freedoms of the University
formation "unrelated to the aca- committee.
demic experience." Some depart- Reluctance to comply with the
m tsrevealed no informationi subpoena is not and should not be
without permission of the student basedon disapproval of the House
involved; others permitted free ac- Un-AhericanActivities Commit-
cess to the Federal Bureau of In-; tee but on the values for which
vestigation, the Civil Service, the the University has an institutional
Peace Corps, various governmental renibilityhat theisupona
intllienc agncis, ndpros- responsibility. That the subpoena
intelligence agencies, andprs came from the House Un-Amei-
pective 'employers. Some read can Activities Committee is rele-
aloud fron a student's folder only vant only insofar as its character
that information requested. Some ntnyisfra tshrcer
thteormatirondsreqyesteSmeconstitutes a threat to the proper
recos gwere destroyed on the stu- discharge of the University's own
dent's graduation (his cards elect- responsibilities.
ing courses, for instance); others Ev
were kept indefinitely. Some were Every university, and the Un-
kept in open files, some in vaults. versity of Michigan in particular,
In May 1966, the Interim Com- is dedicated to fostering a climate
mittee on Student Records and Of free thought and discussion.
Their Use; a committee of the Of- One measure of that dedication
fice of Student Affairs, recom- here is the contribution the Uni-
mended that the office divide in- versity has made to public dis-
formation into "Public" and "Pri- cussion of the Viet Nam Issue. A
vate" categories. "Public" - to be University has not only the right
released to "persons having a legi- but also the duty to foster free
timate interest (who) must iden- discussion, including dissent. The
tify themselves"-was to include University of Michigan has up-
"University Recognized Activities " held such freedoms in the past
"Employment H i s t o r y," and and must resist any threats in the
"Newspaper Reports." future.
There are many complicated and Recognized University groups
unresolved legal problems in the can make an important contribu-
area of protecting records of the tion, not only to free 'discussion,
University from outside sources. but also to education for inform-
For examplethe extent to which ed and responsible citizenship. The
counseling data. may be legally Unversity recognizes such acon-
privileged is in doubt, and the ef- tribution by maintaining an Of-
feet and coverage of a Michigan fice of Student Organizations, and
statute on confidentiality is not the faculty recognizes it by spon-
clear. soring and participating in stu-j
A special aspect of disclosure dent organizations. Whatever dis-F
concerns the necessity of making courages the formation and appro-
iob recommendations, particularly priate activities of such groups
when assisting students to obtain runs counter to the University's
government employment that re- own purposesr.
quires security clearance. It is to Forced disclosure of member-
the student's advantage that fac- ship and sponsorship is such a dis-.
ulty cooperate with such investi- couragement and threat. ;Even
gatim' oweerunder existing though association may be public,
raticns H oeve et and indeed a matter of pride,
whether a student is being inves- forced'disclosure may be resent-
tigated because he has applied for led, and properly so-as in the
clearance or because he is under case of race or religious affilia-
some type of surveillance. At the tion. Accordingly, the American
°present time, there is no general Association of University Profes-
policy onthe response of indi sors,in a "Statement on Faculty
vidual faculty or administrators Responsibility for the Academic
to Inquiriesfrom outside. Freedom of Students," declared
in March, 1964: "In particular, the
Issues protection of the climate of free-
s On the basis of' the facts re- darn on campius requires any in-
lated to the House Uin-American formation asto the personal views,
Activities subpoena of August 4, ---- -- ____
Andin the light of principles bas-
ie to a ;University, the Ad Hoc
Committee- concludes that there '
exists in the University shortcom- DIAL 5-6290
ings'in outlook, policy and proced-' ENDING THURSDAY
ure relating to civil liberties. The
issues involved are these:p
Freedom of Association
and Dissent TESCRN S MOST
Public statements made by thel
President and other administra-
tors indicate that the subpoena -(I
was considered as no different ,
convictions, or political associa-
tions of students which teachers
and other University personnel ac-
quired should be confidential, and
should not be disclosed."
Confidentiality of Membershipk
I - -f c+-u I
I -- -P.. i..... .4-1- TT-- TT.- 1 _« ____ 1 41..
and Sponsorship
Much misunderstanding has
stemmed from the existing con-
flict between published policies
and established practices regard-
ing membership lists. Published
policy, as in the 1961 Regula-
tions has been interpreted to mean
that such lists are in the public
domain.
But established practices for
the recognition of student groups,
and the history of relevant stu-
dent government legislation, pro-
vide a basis for the opposite view,
that the University holds such in-
formation in trust, to be disclosed
only within the University com-
munity. Occasional disclosures
have been made in the past, in
response 'to inquiries about indi-
viduals, but never before in re-
sponse to inquiries about politi-
cal groups. It may be true that
some of those named in the lists
sought public notice of their mem-
bership or sponsorship; it is cer-
tainly not true that all of them
did.
The dangers inherent in dis-
closure in general were, in the
instance of the House Un-Ameri-
can Activities Committee subpoe-
na, compounded by the circum-
stances that these membership,
lists were not verified for accur-1
acy, that some persons were not!
aware that their names appeared
on the lists, and that some of the
sponsors were associating them-
selves with the desirability only
of the existence of the organiza-
tion and not of their purpose.
Consultation with Faculty andj
Student Government
The manner in which the deci-
sion on the subpoena was made
demonstrates the inadequacy of
faculty and student participation
in decision making on University
issues. While faculty and student
consultation may not necessarily
improve the quality of adminis-
trative decisions, it unquestionably
improves the quality of the proc-
ess o uecision-making. Sucn con- poena from the House Un-Ameri- the Law School, was present on
sultation'can sharpen issues, add can Activities Committee can lead August 11 when the decision to
to the considerations weighed, and to a prosecution for criminal con- comply was made. There was no
provide information that may oth- tempt. But the authority of the attempt at any time to obtain le-
erwise be unavailable or overlook- House Un-American Activities gal advice from other attorneys
ed. Committee to subpoena witnesses with a special competence in such
The machinery for consultation and documents can be challenged, cases, although the University oft-
existed but was not used. Con- Among the legal issues which en obtains legal opinions from out-
sultation was available with Stu- might be raised are the confi- side counsel in other matters.
dent Government Council, Grad- dentiality of the records - the Communications
uate Student Council, SACUA, and only issue explicitly considered in Although those named on the
in its Subcommittees on Student the decision of the University; the lists need not have been informed
Relations, Educational Policy, and legality of the subpoena in the immediately upon receipt of the
University Relations. Although in- light of the House Un-American subpoena, if this would have re-
dividual members of these sub- Activities congressional authoriza- stricted the University responses
committees may not have been tion and the use to be made of or hampered negotiations, they
available during Term III, SACUA the lists; the effect of the Michi- should have been informed at least
itself was meeting in regular ses- gan Statute (Section 2165 of Vol- as soon as the decision to com-
sion. Both Student Government ume 21 of the "Michigan Statutes ply was made, andecertainly before
Government Council and Gradu- Annotated") which protects cer- the lists were sent. It is their
ate Student Council had on file tain University records from dis- right to decide what action they j
in the Office of Student Affairs closure in state courts, and the might undertake on their own be-
the names of contracts available intent of which might be respect- half.
during this term. ed by the House Un-American Ac- The University community as a
Responsibility for insufficient tivities Committee or by federal whe nes p omman asa
aripon t do notlieony courts; and, most importantly, the whole needs prompt and adequate
participation does not lie 'onlyprotections afforded by the First information concerning important
with the administrators: it lies Amendment. administrative decisions and the
also with the faculty and students. bases on which they rest. When
The "Report on the Role of the In the event of refusal to com- this is not forthcoming, the usej
Student in University Affairs" re- ply with the subpoena, the House of a coercive and disruptive tac-
leased in September 1966 presents Un-American Activities Commit- tic, such as a "sit-in" serves only
a policy and recommendations for tee must ask for a contempt cita- to bring the issues into an irra-
improved student participation. tion, Congress must vote it, and it tional focus and to subvert the
The reorganization of the faculty must be upheld by the federal aims of an educational institu-'
senate in the spring of 1966 was t courts. There is no doubt that the tion. None of the official state-
intended to improve faculty paxt- law in their area is neither so ments eventually issued met the
ticipation. The process .of deci- clear nor so static as to make ex- community's needs. The "Report
sion in response to the subpoena tensive use of legal counsel un- to the University Community" was
emphasizes the urgency of ob- necessary. not issued until protest solidified,
taining adequate student and fac- Whatever the merits of the le- and did not discuss all the ma-
ulty participation. gal case, practical alternatives jor issues involved. Later official
Legal Consultation could be explored. The University, statements did not contribute
The argument that the decision without refusing to comply with markedly either to a knowledge of:
to ompy wth he ubpenaisthe subpoena, might have formal- what happened or to an under-
jstfed complwit the sunay ly asked the House Un-American standing of its significance.I
justified because the University Activities Committee not to force Conclusion
must "obey the law" begs the
question. What is "the law" ulti- compliance or might have opened We conclude that the Univer-'
informal negotiations. sitv omnity itfin a
sit comm~**unity: mustU fSnd r
Appearing in the GREEN AND WHITE SERIES
at Eastern Michigan University
THE CAMBRIDGE CIRCUS
A REVUE WITH MUSIC
PEASE AUDITORIUM-Ypsilanti, Michigan
Tuesday, October 18,' 1966 cat 8:00 P.M.
Tickets on sale at McKenny Union Information Desk
and at the performance. Price-$1.50
~ ~ ~
4
f/ilel
takes pleasure in inviting
the University community
to an informal reception
Honoring
Prof. Solomon Virnbum
World-reknown Paleographer
tonight at 8:00 in its
Glick Social Hall
B'nai Brith Hillel Foundation-]1429 Hill Street
(at 4:10 p.m. today, Dr. Virnbaum is being presented
by the Dept. of Near Eastern Languages & Literature
I
"4
A
I
I
in a public lecture on "The Methology
Paleographer" in Lane Hall, Room 200)
of Hebrew
iiuey b e; i uiu ee
mination. The University fre-
quently acts to protect its rights
in court. It is not disobedience to
law, but following law, to insti-
tute legal proceedings in order to
challenge legislative enactments, a
provision in the state constitution,
or a subpoena. Cases in point are
the current disputes concerning
Public Laws 379 and 124, and the
University's challenge of state au-
thority with regard to them.
Failure to comply with a sub-
- Ol'y ulllllllly Ilub Sllu eme-
Although the subpoena was dies to prevent a repetition of
served on August 4, legal ad- actions that erode the basic free-
vice was not sought until August doms of association and dissent,
10, when Professor Kauper of the and that the University communi-
Law School was asked to provide ty must move to maintain and
informal background. He was not reinforce mutual trust among stu-
asked for, nor. was he given time dents, faculty, and administration.
to prepare a formal legal memo- To these ends, the Ad Hoc Com-
randum. Neither he nor Vice- mittee on the Disclosure Question
President Smith, recently dean of submits specific motions.
"HOWLINGLY FUNNY"
-&*y OWMA .Nw r-mn
"BRILLIANT"
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IMORGAN!
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COLLEGE YOUTH
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BAGELS and LOX Luncheon
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A series of 6 seminars on
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Sunday, Oct. 23, at 1 :00 p.m.
GUEST SPEAKER
OSIAS ZWERDLING
"THE NEW LEFT"
IAcross
8 p.n. - The APA Repertory
Company will perform in Bald-
ridges' "We, Comrades Three"-in
the Lydia Mendelssohn Theatre.
8 p.m.-Sesquicentennial Lec-
ture: Robert Burlmarx will speak
on "The Garden as an Art in Liv-
ing" in the Rackham Ampitheatre.
WEDNESDAY, OCT. 19
8 p.m. - The APA Repertory
Company will perform in Bald-
ridge's "We, Comrades Three' in
Lydia Mendelssohn Theatre.
8:30 p~m.-The Colleglum Musi-
cum and Tudor Singers, directed
by Prof. Maynard Klein, will per-.
form in Rackham Lecture Hall.
(Continued on Page 8)
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IT TEARS YOU APART WITH SUSPENSE!'
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The Story of a
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I
FIRST MEETING
Tues., Oct. 18-7, P.M.
at GUILD HOUSE
802 Monroe
1429 Hill Street-in the Hillel Social Hall
Members Non Members
Free SQc
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THE1ELUE UI AX
20 nCENTUYO
' f l N-O B R H r iss,« JEREMY KEMP' KARL MICHAEL VOGLER*ANTON DIFERING
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BEN BARZMAN,4BASIU fRANCHINA o DAVID PURSALL aJACK SEDDON o GERALD HANLEY
.n. f. " .CINEMASCOPE Colo ry DeWXE
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Regular meeting time to be set by group. Participants
will read in "The New Radicals" by Jacobs and
Landlau (Vintage Paperback)
COMING
FRIDAY
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STARTING
FRIDAY
Stehnoaquel|Welch. Edmond
olPles Arthur O'Connell
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THIS FRIDAY, 8:30 P.M.. . . HILL AUDITORIUM
Tickets at Discount Records
Admission Only $1.00
TOMORROW!
CARVING A LEGEND OF GREATNESS...
from the Blue Ridge to the Rio Grandel
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What !
TWO KOSHER CORNED
BEEF SANDWICHES
soda " pickles * music
0 atmosphere * etc.
$1.25
non-members
$1.00
members
4'
Guess what ?
Due to the overflow crowd
at our last "eat-in,"
I i _ _ -- - _ i __ _I_