Page Two

THE MICHIGAN DAILY

Thursday, September 9, 1971

Page Two THE MICHIGAN DAILY Thursday, September 9, 1971


Crime

and

punishment:

Discipline

on

the

inside'

0'

By ROBERT SCHREINER
After you have lived in the
University community f o r a
while, you realize there is more
going on than education.
You might notice the pung-
ent odor ofmarijuana drifting
through the Diag, or lingering
on dormitory stairwells which
lead to rooms where men and
women are relatively free to live
and sleep together if they wish.
In time you come to under-
stand that within t h e Uni-
versity - where students and
faculty members are constantly
at the forefront of attitudinal
changes - tolerance toward so-
cially-unacceptable behavior is
much greater than it is outside.
This more lenient attitude
carries over to political d i s -
sent - a type of "behavior"
which forms a constant theme
of University life. While civil
laws deal harshly with most
protest tactics - sit-ins, dis-
ruptions, and minor violence-
the University community's
view is far more indulgent of
this behavior.
For this reason, the Univer-

sity has for the past five years
been trying to evolve a campus-
wide legal system which reflects
this attitude toward protests
-a system that woud try to
discourage campus turmoil, but
would treat offenders more len-
iently.
Mapping the disciplinary sys-
tem has not been easy, with
students, faculty members, and
University administrators cling-
ing to differing ideas on how
strict the rules concerning dis-
ruptive, protests should be.
Late last term, however, a
major breakthrough in the
dispute occurred as agreement
was reached on one aspect of
the legal system - the me-
chanism that would enforce a
campus-wide conduct code.
At their April meeting, the
Regents approved a unique,
University-wide judiciary sys-
tem, which went surprisingly
far in satisfying concerns by
student government leaders
that students be treated fairly,
as well as faculty-administra-
tion concerns that the judiciary
be firm.

The disciplinary mechanism
provides for students to be tried
by a jury of their peers - six
other students - and includes
a student on the three-member
panel of presiding judges.
But while the University now
has a campus-wide judiciary,
attempts to formulate a set of
conduct rules the judiciary will
enforce have run into a quag-
mire, due to the unwillingness
of various interest groups -
students, faculty members, and
administrators -" to comprom-
ise.
As the groups continue their
debate however, the Uni-
versity's Regents have been re-
luctant to allow the University
to be without a set of rules,
largely due to increasing out-
side pressure for effective dis-
cipline of student disrupters.
Accordingly, the Regents for
the past 16 months have main-
tained a controversial set of
interim regulations prohibiting
students from engaging in cer-
tain forms of protest.
The regental regulations -
known at the Interim Rules -
have drawn the ire of student
and faculty government lead-
ers because they reflect the
more conservative views of the
state's citizens that elect the Re-
gents and are thus not repre-
sentative of the University com-
munity.
But the Regents, having
watched the dispute over a legal
system remain unresolved sev-
eral years, seemed to lose their
patience in April, 1970, and
subsequently adopted the In-
terim Rules.
Their action was understand-
able, coming at the end of an
academic year which had seen
the University's first serious
campus turmoil occur - build-
ing takeovers, sit-ins, and num-
erous disruptions.
One month before the Re-
gents April meeting, the Uni-
versity was crippled by a two-
week class strike supporting de-
mands for increased minority
admissions. Several incidents of
classroom disruption occurred
during the two-week strike, as
well as successful attempts at
blocking entrances to classroom
buildings.

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case last Spring - their exist-
ence has invited constant critic-
ism from students and faculty
members:
Besides objecting to the lack
of input in the drafting of the
rules, some students and fa-
culty are critical that - t h e y
contain no specific maximum
penalties for offense, so t h a t
expulsion from the University
is always a possible sanction;
they apply only to students,
while permitting faculty mem-
bers and administrators to press
charges through them; and they
allow double jeopardy - where
a student may face charges for
the same act from both the
University and civil authorities.
As the Interim Rules and Dis-
ciplinary Procedures went into
effect, two student-faculty-ad-
ministration bodies were labor-
ing to evolve a permanent set of
conduct rules and a judicial sys-
tem that would reflect the com-
munity's attitude toward dis-
sent.
University Council (UC) was
established by the Regents to
draft the rules, which would
have to be approved by Student
GovernmentpCouncil, Senate
Assembly - the faculty repre-
sentative body-and of course,
.the Regents
'Thus far, their endeavors
have not met with success.
Neither SGC nor Assembly was,
satisfied with UC's draft of
last spring.
More successful, however, was
the Committee on a Permanent
University Judiciary (COPJ),

whose controversial judicial plan
was epproved by the Regents in
April with some revisions.
The final judiciary plan es-
tablishes a University Trial
Court, presided over by an attor-
ney selected from outside the
University community, and two
associate, judges, one student and
one faculty member.
When students are defend-
ants, guilt and punishment is
determined by a jury of six
randomly s e 1 e c t e d students.
When faculty and administra-
tors are accused of offenses,
their peers comprise the jury.
Neither SGC nor Assembly is
completely happy about t h e
new judiciary, their chief criti-
cism being the Regents decision
against giving the student and
faculty associate judges the
power ito overrule the presiding
judge.
COPJ had proposed that as-
sociate judges have this power,
so that persons representing the
University community would be
able to rule on procedural ques-
tions at trials - such as the
type of behavior appropriate in
a courtroom, and the type of
evidence admissable during a
trial.
Nevertheless, there appears to
be general satisfaction among
students and faculty members
with the new system, particular-
ly with the most controversial
element of the plan-the use of
all-student j u r i e s, in student
cases.
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The Regents found themselves
barraged from all sides. Ad-
ministrators feared for their
safety if such mass incidents
were to occur again. Faculty
members deplored the disrup-
tion of their classrooms, which
most professors consider to be
inviolate sanctuaries where they
can freely teach their field.
And in addition to the flak
from within the University,
many alumni, legislators, and
people throughout the state
charged the Regents with "sub-
mitting to the pressure of crim-
inal tactics" on the part of the
strikers.
Amidst clamoring from all
sides, the Regents decided they

could not wait for students,
faculty members and admin-
istrators to agree on the legal
system, and drafted the Interim
Rules.
The Interim Rules prohibit
disruption of University func-
tions, the use of physical force
again another member of the
Univeristy community, sit-ins
that the president of the Uni-
versity feels should be stopped,
and the defacement, damage, or
theft of property.
Penalties for violations of the
rules include a tsimple warning
not to repeat the infraction;
censure; a fine; probation;
suspension from the Univer-
sity for a period of time; and

expulsion. Any of the penalties
can be imposed for any of-
fense.
Since the University com-
munity had not yet agreed on
a judiciary system, the Regents
established a special disciplin-
ary mechanism even more con-
troversial than the Interim
Rules.
Any student accused of vio-
lating the rules would be tried
by a "hearing officer" ap-
pointed by the president of the
University, who would be em-
powered to determine guilt, or
innocence and impose any of
the penalties.
While the rules were only
applied once - in a disruption

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(Continued from Page 1)
dered, but were feared inade-
quate to forestall the threaten-
ed budget deficit.
Accordingly, Milliken suggest-
ed the Legislature reduce fund-
ing requests in nearly all state
departments for the coming
year and pass a one per cent'
income tax increase.
For the University, Milliken
had officials in the state's bud-
get bureau prepare an apro-
priation that would commit on-
ly $2.8 million in new money to
this campus - a stunning $19.2
million below the University's
request and far below the level
necessary to keep up with in-
flationary increases in the Uni-
versity's present budget. They
then arrived at the following
scheme postulating a working
budget f o r the University of
about $120 million - $72 mil-
lion of which would come from
the state:
* To begin, they suggested ia
decrease of 294 in enrollment at
this campus, the first decrease
in enrollment in over six years.
This was designed to free $715,-
000;
; They recommended a seven
per cent increase in tuition, the
fourth such hike in five years,
designed to raise over $2 mil-
lion;
# A three per cent reduction
in University faculty and-staff
was called for, accompanied,
they assumed, by a three per


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cent increase in the remaining
staff's productivity - so the
University theoreti'cally would
not have to terminate any pro-
grams; and
* A halving of the $1 million
the University pays the city of
Ann Arbor annually for police
and fire protection.
Though this development was
greeted with a storm of faculty
and administration indignation,
the suggestions should have
come as no surprise; the state
had been warning administra-
tors for months that they would
be lucky if they got an increase
equal to inflation's effect. In
addition, Milliken had been em-
phasizing the fact that small
community colleges would now
be given high budgetary prior-
ities, reducing the funds avail-
able for the state's major four-
year institutions.
Still, the proposed austerity
measures seemed less than im-
practical to University officials
and were chiefly a political ex-
ercise by the governor, aimed at
justifying a meager state allo-
cation to the University on the
grounds it would still be possi-
ble for the University to func-
tion on a reasonable level.
State officials knew the Uni-
versity would be reluctant to re-
duce enrollment or staff as long
as there was some possibility cf
a tuition hike that would take
up the slack.
They also knew University
faculty would never be content
with the 6.5 per cent pay in-
crease Milliken was proposing
for all state, employes in h i s
budget. University officials had
at various times in effect prom-
ised the faculty about nine per
cent.
Thus, as in past years, the
governor's budget recommenda-
tions served mostly as a )oliti-
cal jousting, with the state try-
ing to assert authority over the
University through its funding,
and the University trying in re-
sponse to assert its vague inde-
pendence of legislative control
under the state constitution.
As this supplement goes to
press, the University has won
the first round of the budget
battle with a final decision still
in doubt. Ignoring the state's
guidelines, the University decid-
ed to raise tuition for the com-
ing academic year by 16 p e r
cent, instead of seven. This will
provide for faculty and staff in-
creases of six to eight per cent
this year, with the greatest in-
crease in benefits going to lower
income groups like service and

maintenance employes and sec-
retarial help whose meager in-
creases in past years have made
their low economic position
most apparent.
During the summer months,
bills governing educational ap-
propriations for all state-sup-
ported universities will have
moved through the Legislature,
their passage largely contingent
on the acceptance of Milliken's
tax program - which legisla-
tors, after a modicum of poli-
tical gamesmanship, appeared
certain to ratify.
Some from depressed urban
areas where the t a x base is
small already, wanted to see the
tax take effect Oct. 1, rather
than next January as planned.
If this has occurred, the Uni-
versity will have pressed for a
part of the money generated by
such a move. However, despite
the work of professional Uni-
versity lobbyists, the chances of
obtaining such extra money
were slim.
Instead, it is likely the Uni-
versity is entering the fall term
with about the level of money
the governor requested for it.
Some extra money will be grant-
ed in areas of special interest,
such as professional schools and
service-oriented activities. Thus,
after having forwarded $20 mil-
lion worth of department re-
quests for more money to the
state, the University will wind
up with no more than $5 mil-
lion of those requests.
And, the University was re-
quired by law to arrive at a tu-
ition schedule by the end of Ap-
ril - conveniently allowing the
Legislature to make changes in

funding after a ceiling on tui-
tion was set by the University.
As a result, many administra-
tors fear their 15 per cent hike
in tuition will hurt chances for
getting an increase in state ap-
propriations o v e r the amount
requested by Milliken.
And well it might. Over the
past years, the Legislature has
been more than a bit reluctant
to assist the University, having
reduced rather than raised the
governor's suggested level of
funding for the University. Leg-
islators on the crucial appropri-
ations committee are more con-

Tuition:3 Up, upand away
A university education was a prestigious luxury 40 years
ago. Though considered a practical necessity today, the cost
of a college education has only become greater, not less. The
cost per year of an education at the University (tuition plus
room and board) in the last 40 years has risen 109 per cent
for in-state students and a whopping 503 per cent for those
coming from out of state.
Tell your dad or whoever is financing your education
that at this rate, in four years he can expect to pay as much
as $2,085 a year for your education if you live in Michigan
and, as much as $5,064 a year if you live outside the state.
Watch him turn green.
TUTITION ROOM AND BOARD
In-state out-of-state
1959-60 $250 $600 $750
1968-69 ,$480 $1,540 $950
1969-70 $480 $1,540 $1,135
1970-71 $560 $1,800 $1,135
1971-72 $660 $2,140 $1,236
NOTE: Out-of-state tuition took 46 years to reach $1,000
and only six more years to double that.

4
4

_____________ I



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Few University administrators
command the deference or grudg-
ing respect of others as does AL-'
,LAN SMITH, vice president for
academic affairs.
Not only does Smith have effec-
tive veto power over requests by
the faculty for new funds, but his
wealth of information on the Uni-
versity's operations makes him
almost indispensible to other ad-
ministrators with a scanty back-
ground in University affairs.
Ex-dean of the law school and
holder of a number of degrees,
Smith is nevertheless one of the
most conservative vice-presidents.
Consistently he has opposed giving
students any power while constant-
ly augmenting his own, the result
of several years at his post.

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servative than most. The spec-
tre of campus unrest - though
diminished somewhat in last
year - weighs, heavily as they
debate how much money the
University deserves. As a result,
many in the University feel the
Lansing legislators are out of
touch with the reality of the
University.
Perhaps the only thing they
agree on is that the University
expects special treatment from
the state by virtue of its repu-
tation as a prestigious academic
institution. Herein lies the basic
attitudes governing University
priorities. Because administra-
tors are very oriented towards
the praise received for the Uni-
versity's diversity and excellence
in a traditional educational
framework, they find it diffi-
cult to see any virtue in elim-
inating one department to al-
low increased funding of an-
other.
Once a department or pro-
gram is established, it becomes
difficult for administrators and
faculty to see how they survived
without it so long.
It seems that they view the
University from a position of
inbred conservatism; they are
charged with seeing to it that
traditional modes of education
that have brought the Univer-
sity status, honor, prestige and
research contracts for its pro-
fessors are continued.
From that perspective, any
substantial change carries with
it the risk of altering that stat-
us. The priority becomes not one
of securing funds for any spe-
cific priority, rather the need
for the maintenance of a huge
system, each part of which is
legitimized by its existence.
Where does t h i s leave she
student? M o s t probably, with
diminishing returns on th e
money he spends on his educa-
tion. Introductory courses will
be larger, teaching less individ-
ualized a n d departments less
organized.
However, students might take

4

Allan Smith

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