f Seventy-Second Year
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OSA IN TRANSITION:
InudiciUaries
Without
,Justice
'HURSDAY, JANUARY 18, 1962
NIGHT EDITOR: JUDITH OPPENHEIM
Women's Apartment Pers-:
rronal Rainl
OCCASIONALLY some harsh-judging indi-
vidual looking into the records of the wo-
mren's organizations on campus will say that
they are without purpose, generally inactive,
and have little hope of accomplishing any-
thing.
However, the recent passage by Assembly,
Panhellenic, the League, and Women's Judi-
ciary of a proposal to grant senior women
automatic apartment permission is enough to
make even the most passionate opponent of the
women's organizations think twice before cri-
ticizing them. on these grounds.
Having thought twice, it is evident that the
idea behind the recommendation is a fine one,
and deserves a few quiet cheers. The organiza-
tions did indeed have a purpose, and were
active. Hope glows in every paragraph of the
proposal. Unfortunately, the rationale which
is used to back up the proposal detracts from
its effectiveness, indicating a spirit of com-
promise which should not have been necessary.
THE RATIONALE follows the usual line. The
University has an obligation not only for the
intellectual preparation of its students, but
also for their emotional and social adjustment.
The residence halls are the place at which
such adjustment takes place.'
The proposal asserts that in a dormitory
a women learns to have "a respect, and
tolerance for, and hopefully, even an under-
standing of the other individuals with whom
she must interact in society."
The woman also learns to live graciously
(through sit-down meals and the generally
warm atmosphere of the residence hall), to
get along with her next door neighbor, and,
in general, to be a socially acceptable person,
happy with her surroundings, satisfied with
life, and able to cope with any disaster from
sinking ship to panty raid.
In addition to all this, the dormitory gives
the young lady valuable training in being a
leader. "It (the dormitory) hence prepares her
to lead and serve this society of the living
unit . . .'" the recommendation states. No one
has asked the woman if she wants to serve
the society of the group-probably no one
will ever , ask her to serve-but in case the
occasion should arise, she is trained.
The proposal indicates that "the under-
graduate women of the University have proven
themselves to be receptive to and responsible
to these institutions. In a deliberate and con-
structive manner they have attempted to
criticize them in hopes of improving them
now and later for students yet to be a part of
the University."
WOMEN AT THE UNIVERSITY' have little
choice in the matter of living in a resi-
dence hall. The only other places where a
woman may legally reside are sorority or
League houses or in a co-op. But space is
Internal Chage
TONIGHT Interfraternity Council's new rush
plan faces the last obstacle to its imple-
mentation next fall-the Fraternity Presidents
Assembly. The fruition of sixteen months of
work will either be realized or denied by FPA.
' The fraternity presidents should do some
serious thinking before they vote, for this is a
very important measure. Specifically, it guar-
antees to increase the number of rushees per
house and the number of houses per rushee.
Both will feel the benefits. of this move. Small
houses which are not centrally locate are
offered the prospect of more pledges; ruhees
are forced to increase their knowledge of the
system before they make a binding decision.
'HIS PLAN also presents certain problerins.
The ban on early bidding will greatly
disturb houses who have used this tactic suc-
cessfully for many years. Also, the new sched-
ule substantially increases the amount of time
demanded of both affiliates and rushees. Stu-
dies are dangerously ignored under the present
rush system, and the increased demands may
prove unworkable.
Nevertheless, this plan deserves a, charce.
A new rush policy is long overdue, and the IFC
Executive Committee deserves commendation
for its responsible attitude in seeking .suh a
policy.
IFC recognizes the need for change. rFC
realizes that if improvement efforts are not
made from within, they will be made from
without. The campus will be watching to see
if the individual fraternity presidents are
equally aware of the importance of the new
rush plan.
--H. NEIL BERKSON
Editorial Staff
JOHN ROBERTS, Editor
PHILIP SHERMAN N FAITH WEINSTEIN
City Editor Editorial Director
limited, and so many women who have no
desire to live in a residence hall are forced
to live there.
Such women may at first attempt to criticize
the system, but usually are ignored by resi-
dence hall personnel and eventually cease to
care about the situation in the dorms.
But in the image of the residence hall wo-
man as seen by the writers of the recommenda-
tion, she is tolerant, has some respect, and
perhaps even understanding, of others. She
is a leader. She is a woman with clean finger-
nails, who can look life in the face and not
wince. The University, through the miracle
of sun-lit corridors, house meetings, and nu-
tritious food has succeeded in changing a girl
into a woman, ready to take her place in the
dormitory, the University, or, if needs be, the
world.
Group living benefits (even as numerous as
these) do have a limit. "When this limit comes,
the woman may need to be alone-alone in
order to -prepare herself to be with others-
alone in order to take an objective view of the
needs around her and a subjective and intro-
spective view of herself so as to determine
how best she can serve those needs," the
proposal reveals.
THE YEARS spent in the dormitory are
supposed to train women to live in society.
Since the woman must leave this society to
learn what her place in the world is, there is
obviously a dichotomy between the world of
the dormitory and that which is outside.
If this is the case then adjusting to the
dormitory in the first place is useless. There
is no reason for anyone to change in 'any
way for the sake of getting along in a society
in which she will live a maximum of four
years.
The recommendation says that when a wo-
man becomes contemplative, the arrangement
of group living no longer provides the "climate
necessary" for her to learn who she is. It
asserts that the women of the University
believe that the necessary climate may be
found in a private apartment. The recom-
mendation requests that automatic apartment
permission be granted to any woman who "shall
have attained senior status."
NO ONE -CAN DENY the 'fact that at some
time in her life, a woman must look at the
world. But the argument that a certain num-
ber of credit hours make a woman need to
contemplate or need to be alone more than
one with fewer credit hours is indefensible.
Why junior or sophomore women are thought
incapable of serious contemplation or without
need for living alone is not mentioned. When
does one change from a girl, who needs the
guidance and experience of a residence hall,
to a woman, meditative and in need of dis-
covery of self, is not mentioned. There is no
rationale which could have been used.
Women who become seniors (hence con-
templative) at mid-semesters would not be
allowed to break their residence hall contracts
in spite of sudden maturity. This would seem
to indicate a certain definite concern over the
welfare and growth of, the residence hall
rather than the welfare and growth of the
individual.
The recommendation infers that the "social
education" (for all University students) takes
place in the residence hall. This is stressed
repeatedly throughout the proposal. If so, then
why are men considered socially acceptable
and emotionally mature after one year in the
quadrangles?
It is not for the University to decide when
a woman is prepared to leave the dormitory.
At present, the only official judge of a woman's
maturity is the word of her housemother-and
even the most conscientious housemother in
the world cannot pry open a student's mind
and see if she is ready to be on her own. Only
the girl and her parents are capable of know-
ing how introspective, how mature, and how
ready she is to live outside the dormitory.
There are unquestionably a number of wo-
men presently living in the dormitories who
resent being forced to live there. The recom-
mendation itself states that only when an
individual is aware of the "obligations to be
receptive to" the residence hall can it be
useful "to his growing and maturing process."
Dormitory life offers nothing but an unpleasant
part of the college experience for these women.
If they are sophomores, or if they are going
to be juniors in February, they will not be
able to leave the dormitory for at least a year.
If the University rejects the recommendation,
they will probably continue to 'live in the
dormitories until graduation.
THE LEADERS of five women's organiza-
tions met and conferred throughout the
current semester to reach what they con-
sidered the best possible decision for their
proposal. They surveyed independents and af-
filiates in an effort to understand the feelings
of women on campus about dormitory and
apartment living.
It would appear that this survey either did
not reach any women who wish to leave the
dormitory before their senior year or simply
By MICHAEL OLINICK
Daily Staff Writer
JUSTICE IS RARE on this cam-
pus.
The enforcement of regulations
at the University shows the same
inconsistency, chaos and lack of
principle which characterize other
segments of the Office of Student
Affairs.
About the only advice you can
give someone who is contemplating
violating a University rule, what
he believes may be a University
rule, or what he fears may become
a University rule after he breaks
it, is simple: don't get caught.
STRUCTURALLY and theoreti-
cally, the Committee on Student
Conduct has the prime position
in determining proper behavior of
University students and enforcing
regulations. "This committee," the
Regents pontificate, "shall from
time to time prescribe standards,
principles and rules of conduct
for students and student organiza-
tions such as to promote the wel-
fare of the student body and to
protect the University from un-
warranted criticism."
The full committee has the
power to set rules governing stu-
dents in general, male students in
general and male students in off-
campus housing. The'Dean of Wo-
men makes the rules which apply
to women only.
The committee's main problem
seems to be scheduling meetings.
They have the approximate fre-
quency of Haley's comet. It's been
15 years since the last one.
It has delegated its work to a
three-professor Subcommittee on
Student Discipline which reviews
cases decided by Joint Judiciary
Council and helps determine poli-
cies like the rights of apartment
dwellers to open their premises
to visits from females.
Subject to appeal to the Re-
gents, disciplinary powers over stu-
dents is also given to the Presi-
dent, the collected faculties, in-
dividual instructors and the deans
of the separate colleges. In prac-
tice, these agencies have delegated
their power over to the Dean of
Men or Dean of Women, or the
Committee on Student Conduct,
retaining and exercising control
over matters of academic miscon-
duct.
* *; *
WHEN A STUDENT gets into
trouble, outside the classroom,
chances are great that his case
wil be heard initially by a student
judicial board or a representative
of the dean of men's or dean of
women's office.
There are nine varying types of
student judiciaries, including Joint
Judiciary Council, Interfraternity
Council Executive Committee, fra-
ternity house judiciaries, Inter-
Quadrangle Council Judiciary,
quadrangle judicial councils, quad-
rangle house judiciaries, Women's
Panel, Women's Judiciary Coun-
cil and the women's house judi-
ciaries.
In general, a house judiciary's
authority extends over the mem-
bers of that individual house.
Quadrangle judics arbitrate cases
involving men from two or more
houses, violations of quad-wide
rules and it also may hear appeals
from house judic findings. IQC '
judic performs a analogous role
and its decisions can be appealed
to Joint Judic.
Parallel frameworks for women
dot the judic spectrum, but there
are notable-and jarring-excep-
tions.
JOINT JUDIC is not the appeal
channel for Women's Judic nor
is it for any other judicial body
for women. The only instance in
which a case involving women
students will be heard by Joint
Judic is when the Dean of Wo-
men sends it there.
Women's Panel, a unique judi-
cial body composed of the dean
of women, the chairman of Wo-
men's Judic and the ranking wo-
man on Joint Judic, determines
what body will handle cases in-
volving women. Generally, inci-
dents with moral implications or
"second offenders" are heard by
Women's Panel. The Dean of Wo-
men handles cases when there is
no violation of an explicit regu-
lation.
Women are referred to Joint
Judic in some cases where both
men and women are involved
(both use false ID to obtain al-
coholic beverages).
Few cases involving women alone
are sent to Joint Judic because
there are few. Most of their mis-
demeanors are usually very minor
things handled at the house Judic
level or serious moral cases handl-
ed by Women's Panel.
Older male students and those
involved in "morals" violations are
handled through the Dean of
Men's office. Student judiciaries
don't receive cases where the psy-
chological balance of the offender
is in doubt.
- * * *
THE PRACTICES the varying
judicial bodies use are not always
consistent with each other, but
have several irregularities in com-
mon:
The defendant has not right to
defense counsel.
.He may not call witnesses on his
own behalf.
In only one case (IQC judic),
does he have the option of a pub-
lic trial.
He will not learn the name of
his accuser unless he specifically
requests it.
He will not have the opportunity
to confront his accuser.
He has no guarantee that the
nature of his offense and the type
and severity of the imposed pen-
alty will have any rational rela-
tionship between them.
He will be presumed guilty.
He may not be informed of the
regulations he has disobeyed until
'tle time the verdict is rendered
and the punishment prescribed.
afis prosecutor will attend the
deliberation process.
NO CIVIL COURT could allow
such practices and still abide by
the Constitution of the United
States. There is also a little matter
of a policy long adopted as cen-
tral to American legal philosophy:
"Equal Justice for All."
The defendent's age, class
standing, sex, nation of citizen-
ship and prominence in extra-
curricular campus affairs all have
a large part in determining the
harshness of the penalties levied
against him. If a student organ-
ization is the offender, the rela-
tive richness of its coffers help
fix the fine.
Joint Judic, for example, has
divergent policies in its treatment
of cases involving illegal connec-
tion with alcoholic beverages.
Graduate students and those over
21 years of age are let by with
warnings and light fines. Under-
graduates, however, draw much
stiffer fines and social probations.
Among the undergraduates, sen-
iors and juniors are treated more
lightly than freshmen and sopho-
mores.
IN CONSIDERING cases involv-
ing the starting fullback of the
football team or the president of
the Michigan Union, the judicial
bodies will treat these people as
differently than less reknowned
campus figures. This is due to a
feeling that the regulations and
their enforcement derive from a
desire not to injure the public
image of the University.
The publicity (and alumni cat-
calls) that would follow the sus-
pension of a star athlete from the
University for his role in a panty
raid would not occur in the case
of a "normal" student and this is
taken into consideration.
It is a well known and often
exploited fact that the regula-
tion enforcement officials (In-
vestigator Swoverland and the
boys) rarely disturb the beer and
scotch drinking forays of the
BMOC's. When 'Swovie" does
strike, sans warrant, the apro-
priate dean has often telephoned
a warning to the party before
hand.
As one sacrosanct student group
puts it:
"Prexy Angell promised us,
To help us out of any fuss."
* * *
THEN THERE'S the old gadfly
of "double jeopardy," which might
be better termed "The Town and
Gown Merry-Go-Round." If you're
drunk and disorderly on the street
by 815 South University, you're
liable to be arrested by the local
police and tried in city court.
When you pay your fine there,
you skip over to the SAB and pay
another fine to Joint Judic.
The explanation? Your first
punishment for drunk and dis-
orderly behavior. The second de-
rived from, your display of "con-
duct unbecoming a student," that
ambigious catchall phrase that
allows the student judiciary to
break another constitutional re-
striction: ex-post facto legislation.
If the grounds for a legal con-
viction are weak, and the Univer-
sity feels a student might be ac-
quitted in court (where he has
some right) it wil shove him
mercilessly toward the judiciaries.
The students on the judicial
bodies have shown remarkably
little sympathy for the student in
trouble and exact penalties at least
as severe as those handed out by
members of the administration.
HOW DO the Judic members
react to charges that they freely
and smilingly deny basic legal
rights in their practices? The
standard answer is a quick refer-
ence to the judical body's formal
title which always contains the
word "Council."
The student justices see them-
selves as peer counselors for their
weaker colleagues who have drift-
ed into the Land of the Quaffed
Beer, the Stolen, Rapturous Mo-
ment of the Panty Raid,, the
Clutches of Sin. Since they do not
consider themselves a court, it
seems silly to adopt the rules and
restraint of the courtroom.
If the judiciary councils exist to
aid and counsel students, the little
counseling and great number of
punishments they deal out are a
little hard to reconcile. The "coun-
selors" do themselves and the
counselees a great disservice by
not gathering all the relevant
facts that witnesses could bring in.
* * *
THE PHILOSOPHY, practice
and structure of campus enforce-
ment agencies 'must be remolded.
An Office of Student Conduct
under the Vice-President for Stu-
dent Affairs should handle all
cases on non-academic regula-
tions. This office would receive
reports of violations and adminis-
ter them to the proper judicial
agencies. The Office of Discipline
would be the administrative agent
of an All Students' Judiciary
Council elected from the campus
at large. Under it would be sepa-
rate judics for the residence halls,
affiliate housing and independent
housing, and automobile regula-
tions.. Cases involving illegal use
of alcohol would be handled by
the local authorities.
Separate quad and house judics
would handle cases of violation of
living unit rules at the proper
levels. Appeal would be carried
through the higher stages to the
all students' judic and then to the
Regents.
The, All Students' Judic would
function as an appeal board and
differently than less renowned
would be no rules governing stu-
dent conduct outside the class-
room with the execption of auto-
mobile regulations and rules set up
in each housing unit.
* * *
THE KANGAROO COURT has
existed too long at the University;
the ideals put forth in the class-
room must be matched by the
exercise of individual rights out-
side it.
The present situation is a mud-
dled and autocratic one, suscep-
tible to control by a few strong
administrators.
The rules governing one stu-
dent's relations with another have
little legitimacy if they are set
and adjucated by non-student
agencies.
There will be no justice until the
judicial bodies are independent,
impartial and committed to a fair
disposition of cases, securing Con-
stitutional guarantees for the stu-
dents involved.
EUROPEAN DATELINE:
Germany: The Cabinet. Crisis'
(EDITOR'S NOTE: This is the
second of two articles on the re-
cent German elections.)
By GLORIA BOWLES
Daily Correspondent
BERLIN-As is the case in most
parliamentary elections, post-
election activity here is almost
more important and interesting
than the campaign itself.
Two days after the Sunday elec-
tions, with coalition alliances un-
certain, each party maneuvered to
reap its share of the bounty. Ade-
nauer took full advantage of his
pivotal position as party leader
and German Chancellor, as he de-
clared he wanted a free hand in
forming a government. Brandt
called for a three-party coalition.
But it was the Free Democratic
Party-with the capture, of 66
seats-which found itself in the
middle of the great power struggle.
The FDP's every move was closely
watched. Soon, FDP leader Erich
Mende made a forceful, seemingly
unequivocal announcement. The
Party would not accept Adenauer's
leadership in a coalition govern-
ment. Economics minister Ludwig
Erhard was their choice.
* * * ,
THIS WAS ONLY the beginning
of the wranglings, and negotia-
tions, and talks which were to
produce the first German cabinet
crisis since 1949, a crisis which
lasted two months during a try-
ing period inaGerman foreign af-
fairs.
German news analysts, three
days after the election (when a
prolonged deadlock seemed cer-
tain) predicted that the FDP
might have to accept Adenauer's
chancellory leadership, if only to
provide continuity of policy mak-
ing in the foreign affairs field, so
important at this moment with the
crisis-and perhaps a Third World
War-brewing in Berlin.
Such a gap, said observers,
might have drastic results. But as
disagreement between parties wid-
ened, and with no accord in sight,
the feared gap became reality.
* *-*
WITH THE FDP's unequivocal
announcement, many Germans
saw the beginning of the end for
Adenauer. Finding himself in a
do-or-die position, his political
career at stake, the tenacious old
chancellor fought back, and did
what no one expected, did what
most observers called "the last re-
sort, the last thing Adenauer could
have done." The conservative lead-
er, still insisting on a free, un-
pressured hand in forming a gov-
ernment, announced he would
agree to a coalition with the
Socialists. And he began talks with
that party.
Unfortunately for Adenauer's
opponents, his fellow party leaders
remained loyal throughout the
cabinet crisis. The leader of the
CSU, or Bavarian segment of the
CDU, Strauss, took the most inde-
pendent stand. He called for Ade-
nauer's resumption of power, but
with the qualification that he step
down after a.year in office. Later,
Strauss held talks with the FDP.
Both moves were made of course,
with the long-range goal of a
chancellorship for himself.
Much to the disappointment of
the FDP, Ludwig Erhard, who
Mende had designated as his
party's choice for chancellor, stood
behind Adenauer. The Erhard dec-
laration was a turning point, an
event which considerably dashed
the hopes of the FDP to unseat
Adenauer.
* * *
BY THE END of September, in
early and middle October, with the
coalition talks dragging on and
the dangrs of the Berlin crisis
looming in the background, Ger-
mans grew weary and impatient
with the stalemate. They could see
no solution in sight.
Finally, seeing themselves in a
hopeless position with no CDU
support for an Erhard govern-
ment, and not wishing to outplay
the political cards andttherefore
lose the initiative, the FDP made
the first conciliatory announce-,
ment of the post-election wran-
gling: it would drop its opposition
to Adenauer. At the same time,
however, Mende demanded a con-
cession on the part of the CDU.
He asked that Adenauer sign an
agreement not to fill out the full
four year term if hie were elected.
THE PARTY "passed the buck"
to Adenauer; the spotlight fell on
the aging chancellor. Adenauer
could be responsible for a resolu-
tion of the cabinet crisis or its in-
definite prolongment.
The announcement impatient
Germans had been awaiting came
in early November. Bowing to the
pressure of the FDP, Adenauer an-
nounced he would not fill out a
four-year term if elected by the
Bundestag.
Formal coalition talks with the
FDP began. With the major prob-
lem solvd - the selection of a
chancellor-there still remained
Disgusted Germans saw another
cabinet crisis in the making and
thought that now the parties would
find further excuses to delay foi-
mation of a government. But, after
several days of political fireworks
and exchange of insults, Brentano
resigned angrily. There remained
the formality of Adenauer's elec-
tion by the Bundestag, although it
was by a very small majority.
* * *
THERE WERE several new as-
pects to German politics emerging
from the 1961 elections.
First, Germany, still experi-
menting with democracy, experi-
enced its first cabinet crisis. It was
a hard lesson in parliamentary
government for the Germans, but
a good one.
There are many who deny that
the Germans, with their heritage
of Bismarcks and Hitlers, can
make democracy work. It is prob-
ably true, as one German told me,
that Germany is not yet the
"right" democracy, that there are
some who do not accept the re-
gime or who do not understand the
new government form. The suc-
cessful resolution of the cabinet
'crisis, though it came slowly, is a
mark on the credit side of the
ledger for German democracy and
its progress.
Second, from the elections also
emerged many new faces and
many new political leaders. One
need no longer fear that democ-
racy in Germany can last only as
long as Adenauer.
Third, one also sees a new party
trend. All but three parties have
been taken from the political
scene. As for the CDU, it may be
even stronger when Adenauer
steps down. At any rate, the CDU
now and for the near future holds
a monopoly on political power. The
Socialists are still the minority
party, but they are making gains,
and one can hope that they will be
able to give the CDU some real
opposition in the coming years.
The FDP's future role is harder to
predict; it is safe to say that Ger-
many will continue to support a
three-party -system for some time
to come.
With the cabinet crisis resolved,
with the domestic situation re-
turned to relative calm, Mayor
Willy Brandt can devote himself
to Berlin. Konrad Adenauer and
his new partner, the FDP, can turn
to pressing world problems, above
all the question of Berlin with all
its international ramifications.
LETTERS
to the
EDITOR
News . .
To the Editor:
THE EDITORS of The Daily
have a puzzling sense of the
degrees of newsworthiness for a
college newspaper. In your issue
of January 14th, a report on some
sort of new face mask for foot-
ball players occupied a full one-
eiayhth of the front nacre while
d f
"We've Still Goy-A Little Cutting And Splicing To Do"