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" -84Brdan (tdil.Tho Now Vork, IMORGAN! iii ____________ ...-. -- - LZ_______ ________-..._._--- 0 4 Shows Daily at 1 :00-3:35-6:15-9:00-Regular Prices Subscribe to The Michigan Daily PETITIONING for the Board of TIE CiiE1Mi BUIL 11 will he held on Oct. 19 from 7:30-11:30 Sign up now for interview at 2538 SAB ATID UNITED SYNAGOGUE COLLEGE YOUTH i j BAGELS and LOX Luncheon I I A series of 6 seminars on I 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) Phone 48T-t6 FREE HEATERS-OPEN 6:30 P.M. NOW SHOWING IT TEARS YOU APART WITH SUSPENSE!' PAUL JULIE REHERR RRREEs "ALFRED EITCHCOCK'S shown.. ITOR al CURTAIl' A UMIVERSAL PICTURE TECHNICOLORS ALSO... The Story of a Wild One! rorr TR 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 - - - -- - - - - THE1ELUE UI AX 20 nCENTUYO ' f l N-O B R H r iss,« JEREMY KEMP' KARL MICHAEL VOGLER*ANTON DIFERING i 1oNdced by DHRiSIIAN FERRY t,,cutrve Psoduce( ELMO WILLIAMS D,ecte by JOHN GIJfLLERMIN BEN BARZMAN,4BASIU fRANCHINA o DAVID PURSALL aJACK SEDDON o GERALD HANLEY .n. f. " .CINEMASCOPE Colo ry DeWXE I Regular meeting time to be set by group. Participants will read in "The New Radicals" by Jacobs and Landlau (Vintage Paperback) COMING FRIDAY rm IHGA STARTING FRIDAY Stehnoaquel|Welch. Edmond olPles Arthur O'Connell I i I 0 ENDS TONIGHT $ Dial 2-6264 WARREN ATI YO Color 1:00-3:00-5:00-7:10-9:15 TONITE THRU SUNDAY The U of M JAZZ BAND IN CONCERT H JACKBO SHA IN~JAZ CNRT~VIBRAPHONIST H 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 s I -, i 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_