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October 08, 1963 - Image 8

Resource type:
The Michigan Daily, 1963-10-08

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Text of SGC Statement


_ _ - - - --

Committee To Discuss Bill


i I

(Continued from Page 7)
shall be kept confidential unless
he organization stipulates in writ-
ing to the contrary.
01) The transcript of examina-
bon may be used for any purpose
it any proceeding before the Mem-
bership Tribunal.
7) If an organization fails or re-
'uses to answer any question of
he Membership Committee, the
examination may be completed on
>ther matters or adjourned as the
committee may prefer. Thereafter,
>n reasonable notice to the orga
rlzation, the committee may apply
bo the Membership Tribunal for an
order compelling an answer.
8) If an organization fails or re-
fuses to appear after receiving the
notice set forth in 1 above, the
Membership Committee may pro-
ceed as in 7 above for an order.
9) It shall be appropriate for
the Membership Committee and
an organization to be represented
by counsel or other representative
during the examination.
b) Written Examination: Writ-
en questions may be submitted to
any organization by the Member-
ship Committee. The organization
will answer all questions in writ-
ing and return them to the com-
mittee within the prescribed time.
1$6 questions and answers will
be treated as in 31 (a)n5 and 6. If
an organization fails or refuses to
return answers to the questions, or
fails to refuses to answer any of
the questions, the committee may
proceed as in 31 (a) 7and 31 (a) 8
for an order.
C) Answers to Examinations: Any
organization examined may, in ad-
dition to its answers to questions
asked, make a full statement of its
position which shall be included
in the transcript of the examina-
32) Productioni of Documents
and Things: A written request may
be made to any organization to
produce and permit the inspection
and copying and photographing by
Ihe'Membership Committee of any
reasonably designated documents,
papers, books, accounts, letters,
photographs, objects or tangible
things not privileged which are in
the possession, custody, or control
of the organization. Such informa-
tion twill be treated as in 31 (a)
5 and 6. If any organization fails
or refuses to comply with this re-
quest, or any part of it, the com-
mittee may proceed as in 31 (a)
7 and 31 (a) 8 for an order.
33) Any recognized student or-
ganization which has been charg-
ed by the Membership Committee
to produce and permit the inspec-
tion and copying and photograph-
ig by the organization of all doc-
uments, papers, books, accounts,
letters, photographs, objects or
tangible things not privileged
which (a) bear upon the organi-
zation and (b) are in the posses-
sion, custody of control of the
Membership Committee may re-
quest access to such things. If the
Membership Committee fails or re-
fuses to comply with this request
or any part of it, the organization
mxayproceed as in 31 (a) 7 to ob-
tan any of the remedies provided
in 33 (f) 2.
34) The following procedural
rules shall be applicable for all
matters brought before the Mem-
bership Tribunal:
a) Informational Matters: Prior
to issuing an order on any infor-
mational matter brought before
the Membership Tribunal by
the Membership Committee, the
tribunal, after reasonable notice,
shall permit the organization
against whom the order may be
directed the opportunity to be
heard. On all such matters the
organization may be represented
by counsel or other representative.
b) Formal Hearing by the Mem-
bership Tribunal:
The formal hearing of an orga-
nization charged with prohibited
conduct shall be commenced as
1) Notice: The Membership

Committee shall give written no-
tice to the organization of its in-
tention to initiate a formal hear-
ing before the Membership Tri-
bunal. The notice shall set forth
the nature of the allegation in
sufficient detail so that the orga-
nization can prepare a defense.
The notice may be given by ordi-
nary mail. A copy of the notice
will also be sent to each member
of the tribunal.
2) Answer: An organization
served with a notice of intention
that a formal hearing shall be
held shall file a written answer to
the allegation with the Member-
ship Tribunal (3 copies) within
fourteen days of receipt of the no-
tice. Any allegation that is not
denied specifically, or on the
grounds of inadequate information
shall be deemed-to be admitted.
3) Hearing Notice: Upon receipt
of the notice and answer, the Mem-
bership Tribunal shall fix the
time and place for the hearing. All
hearings shall be on the Univer-
sity of Michigan campus. Reason-

able notice of the hearing shall be1
given to the organization and thei
Membership Committee.
4) P r e-h e a r i n g Conference:
Upon the fixing of a formal hear-;
ing date, the Membership Tri-
bunal may order an informal pre-
hearing conference to consider
means of expediting the hearing
by, for example, reducing the issue
or issues to writing, stipulating
facts and authenticating proposed
The formal hearing shall be sub-
ject to the following rules:
1) The rules of evidence prevail-
ing in judicial proceedings shall
not be binding. Any oral or docu-
mentary evidence and other things
deemed relevant by the tribunal
may be received in evidence.
2) Any party may be represent-
ed by counsel or other representa-
3) If more than one organization
is being prosecuted, hearings may
be consolidated if the organiza-
tions agree.
4) All proceedings before the
tribunal shall be closed to the
press and public unless all orga-
nizations which are parties to the
proceedings stipulate in writing to
the contrary.
5) All the proceedings before the
Membership Tribunal shall be re-
corded electronically and tran-
scribed at the expense of the Of-
fice of Student Affairs and made
available to the parties.
6) The transcript, documentary
evidence, the electronic recording
and their contents shall be treated
7) The tribunal shall give the
parties a reasonable opportunity to
file briefs.
8) In the event one of the three
judges who participates in a hear-
ing is unable to participate in the
final determination of the issues
heard, and the other two judges
agree upon a final determination,
that final determination shall be
the decision of the tribunal; but if
the other two judges disagree upon
the final determination or if either
of them refuses to proceed further
with only two judges, a new hear-
ing shall be commenced before the
full tribunal, augmented by the
successor judge.
c) Decision: The decision shall
be in writing and made public. It
shall be signed by the majority
and shall include the findings of
fact and the conclusions reached
by the tribunal.
d) Interpretation and Applica-
tion of Rules: The tribunal shall
interpret and apply these rules.
When a difference arises among
them, it shall be decided by two
concurring votes. The tribunal
shall have the authority and pow-
er to adopt any rules it deems
necessary which are not incon-
sistent with these rules.
e) Appeals: In the event of an
appeal, all original papers in the
record and the transcript(s) shall
be furnished in confidence to the
vice-president for student affairs.
Exempt Student Organizations
35) As used in this resolution
"exempt student organization" in-
cludes any group which has in
fact been recognized in the past
or which at present enjoys the
benefits of recognition, provided
the group has been exempted from
this resolution by SGC.
36) The Membership Tribunal
may in its discretion impoge any
one or more of the following penal-
ties for prohibited conduct:
a) Immediate withdrawal of rec-
b) Withdrawal of recognition,

to become effective at a time fix-
ed by the Membership Tribunal
(which time can in no event be
later than two years after the pen-
alty is announced), if prior to that
time the group fails to prove the
prohibited conduct has ended and
there is no substantial likelihoods
of its repetition;
c) Immediate suspension of
rushing ibrivileges for a period of
time fixed by the Membership
Tribunal, but in no event longer1
than two years from the time when
the penalty is announced.
37) For failure to comply with
the information rules or an order
on any informational matter the1
following penalties may be impos-
ed by the membership tribunal:
a) Immediate withdrawal of rec-
b) Withdrawal of recognition ef-
fective at a designated future
time not later than thirty days
from the date the penalty is an-
nounced; in the event the con-
tempt has not been purged by
c) Immediate suspension of
rushing privileges until such time
as the contempt has been purged;-
d) Immediate social suspension
of intramural activities involving
other recognized student groups
until such time as the contempt1
has been purged, this penalty to be
construed to prevent the group in
question from participation in
Michigras intramural athletic
events, etc. until the contempt is
38) Should any party violate any
of the procedural rules, or refuse
to obey an order of the tribunal
(other than an informational rule
order), the tribunal may impose
one or more of the following pen-
alties, but not others:
a) Any penalty designated for
violation of an informational rule
1) An order that the designated
facts, including contents of a doc-
ument or other thing, shall be
deemed established in accordance
with the claim of the party obtain-
ing the order.
2) An order refusing to allow
the disobedient party to support
or oppose designated claims or de-
fenses, or prohibiting him from in-
troducing in evidence designated
documents or things or items of
3) An order staying further pro-
ceedings until the order is obeyed,
or dismissing the action or pro-
ceedings or any part thereof, or
rendering a decision by default
against the disobedient party.
39) The Office of Student Af-
fairs in conjunction with SGC
will maintain a roster of all stu-
dent organizations. This roster will
be available at all times to the
Membership Committee, the Mem-
bership Tribunal, and the vice-
president for student affairs. The
roster will, for the purposes of
interpreting Regents Bylaw 2.14,
be presented to the Membership
Committee of whatever subdivi-
sions or categories are deemed nec-
essary. The determination of
whether a group is within an ex-
empt category remains with SGC.
40) Any organization which,
prior or subsequent to the effec-
tive date of this resolution, has
been designated a "nationality
group" by the International Cen-
ter or a "religious group" by the
Office of Religious Affairs is en-
titled to the status of "exempt"
student organization upon request
to SGC for such status.
41) This resolution is effective
at once.

(Continued from Page 3)

The subcommittee bill, like the
administration's, calls on judges
to set voting cases for hearing "at
the earliest practicable date."
The subcommittee has discarded'
a long set of findings attached to
the Justice Department draft of
the public accommodations section
as a preamble. The idea was to
spell out the constitutional basis.
The subcommittee lets the opera-
tive parts of the title speak for
The bill, like the administra-
tion's, prohibits racial or religious
discrimination in the following
places of public accommodation;
involved in interstate commerce:
-Hotels or motels serving inter-
state travelers.
-Theaters, arenas and other
amusement places presenting'
sources of entertainment that
move in commerce.'
-Any retail stores providing
goods or services "to a substantial
degree" to interstate travelers, or
using goods that in "substantial
portion" have moved across state
lines, or engaging in activities
that "substantially affect" inter-
state commerce.
In addition, the subcommittee
has written in a new section evi-
dently based on the 14th Amend-
ment's prohibition of racial dis-
crimination by any state or its
officials. It attempts to stretch
the constitutional reach to pri-
vately owned facilities.
This section bars discrimination
by any business that "operates
under state or local authorization,
permission or license," and any
discrimination "compelled, en-
couraged or sanctioned by the
state, directly or indirectly, in any
manner whatsoever."
The apparent result would be to
cover just about every commercial
establishment, if the courts hold
thatbthe 14th Amendment can
reach that far.
Bona fide private clubs are ex-
empted. So are owner-occupied
private homes with no more than
five rooms for rent, a provision
that was not in the administra-
tion draft.
Following the administration,
the subcommittee has provided no
criminal enforcement of the pub-
lic accommodations' sections. In-
stead the attorney general would
be authorized to bring civil suits
if mediation efforts failed.
The Civil Rights Act of 1957, as
passed by the House, included a
Title III allowing the Justice De-
partment to sue on behalf of in-
dividuals denied their civil rights
by conspiracies of two or more
The Senate struck that provi-
sion, limiting Justice Department

suits to voting cases. Ever since,
Title III has been a major battle
cry for civil rights groups.
The House subcommittee, writ-
ing an entirely new part into the
administration draft, proposes an
even broader version of the old
Title III. It would let the Justice
Department sue to stop depriva-
tion of anyone's constitutional
rights by a person acting under
color of any statute, custom or
The administration draft called
for federal assistance to school
districts undertaking desegrega-
tion. Included were technical aid,
training institutes and grants for
special teachers and training. The
House bill contains these provi-
In addition, in its only bow to
the Title III approach, the ad-
ministration bill allowed the Jus-
tice Department to bring school
desegregation suits whenever pri-
vate persons were unable to do so
because of poverty or fear.
The subcommittee expanded this
section to cover not oily schools
but all other facilities publicly
"operated, managed, controlled or
supported"-parks, for example.
The aim of this section is to
stop the use of federal aid funds
for state and local activities in
which there is racial or religious
discrimination. With the concur-
rence of the Justice Department,
which had second thoughts, its
original draft was entirely re-
Thefirst draft said simply that
no evisting law should be con-
strued to require continued pay-
ment of federal grants to dis-
criminatory programs. The effect
was to leave it up to the President
whether to continue any such
The subcommittee's language
starts by repealing any provisions
of federal law calling for grants
to segregated institutions. One
such statute is the Hill-Burton Act
providing aid for hospital con-
The bill says that no persons
shall be subjected to racial dis-
crimination in any activity re-
ceiving federal aid. It directs each
federal agency giving aid to adopt
rules carrying out the policy of
To enforce the policy the bill
allows the government to sue in
the federal courts or, alternatively,
to cut off the specific aid item in
question. The recipient of the aid
may go to court for review of any
such cutoff.'
The administration proposed to
give statutory authority to the
Presidential commission now deal-
ing with job discrimination in the

government itself and on the part
of government contractors.
In its most far-reaching move
the subcommittee substituted aj
complete fair employment prac-
tices measure, covering most busi-
nesses and most labor unions in
the country.
As its text the subcommittee
used a bill approved last July 22
by the House Education and La-
bor Committee. It would set up
an Equal Employment Opportun-
ity Commission for enforcement.
Labor unions would be forbid-
den to exclude or expel any per-
son from membership on grounds
of race or religion. Any business
"affecting commerce" and having
25 employes or more would be
forbidden to discriminate in hir-
ing or firing.
The entire title would become
effective a year after enactment.
Another new section seeks to
strengthen the provision of law
allowing persons whose civil rights
may be endangered in state-court
trials to remove their cases to
federal courts.
This removal process has been
attempted recently in such in-
stances as the mass prosecutions
of Negro demonstrators in Dan-
ville, Va. But some federal judges
have simply remanded the cases
to state courts, and under existing
law such remands are not ap-
The subcommittee would allow
the higher federal courts to review
any order remanding to the state
courts a case in which removal
had been sought on civil rights
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