THE JUDICIARY
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Vol. LXXXI, No. 159 Ann Arbor, Michigan-Thursday, April 15, 1971 Ten Cents
se of Interim Rules follows five ear di
y s .rr. FBy ROBERT KRAFTOWITZ torney Theodore Souris, w h o priate at this campus, and how established, it has fought against that students would be much to Alm
Editor President Robben Fleming h a d they should be discouraged. the establishment of any disci- lenient in dealing with "inappio- the R
,. ~ In July, 1969, two months be- asked to decide whether Eustis is Charged with these functions, plinary mechanism which in their priate" types of conduct - par- pus-w
. fore John Eustis entered the lit- guilty, and if so, what punish- the hearing officer procedure and view would bar students from ex- ticularly disruption. at cu
[ ° e erary college as a freshman, the ment he will receive. the rest of the "legal system" have ercising "legitimate" dissent. When they received t h e stu- as a
SUniversity's student and faculty Souris was serving as a hearing quite naturally become the focus For this right to be safeguard- dent-faculty plan in Fall, 1969, the In
governments agreed on a cam- officer, the main element of the of controversy. For the decisions ed, SGC has maintained, any con- Regents proceeded to pick away the p
pus-wide disciplinary system and disciplinary procedure the Regents they make determine the bound- duct code must have the approval at it slowly. It was not until Ap- use h
presented it to the Regents for established exactly one year ago, aries of political dissent at the of student representatives, a n d ril, 1970, that their views fully when
approval. after they vetoed the agreement University. must provide for an all-student emerged. pation
Under that agreement, Eustis- between SGC and the faculty's Now in its fifth year, the dis- court to hear violations of the First, they scrapped the plan for regard
who was recently accused of strik- Senate Assembly. pute over campus regulations and code by students, using an all-student court to try pation
................ing a University official during a Under the regental procedure, discipline has become increasing- Thus, SGC agreed with Senate students accused of violating Uni-
demonstration in February - if Souris found Eustis guilty, he was ly complex. Disruption and acts of Assembly on a rule-making and versity rules. In its place, the Re- The
would have faced trial before empowered to impose punish- violence have become a recurring disciplinary procedure in 1969 on- gents adopted the hearing officer rules
Central Student Judiciary (CSJ), ments ranging from a simple theme of campus politics, and the ly because it gave assurance that procedure, which was about as far they
the all-student court established warning not to repeat the infrac- University is under heavy pres- SGC would approve any propose from the student-faculty propos- until
by Student Government Council. tion to expulsion from the Uni- sure, from within and without, to conduct rules and that students al as they could get. bers
But much has happened in two versity. maintain effective methods for accused of violations would be Second, they made it clear that . stitut
years, and yesterday morning, The h e a r i n g officer serves preventing the use of these tac- tried by CSJ. they could, if they wished, adopt But
Eustis appeared before a c o u r t as any University court would - tics by disgruntled students. ' But despite the faculty's sup- University c o n d u c t regulations if eit
which has neither jury nor stu- as the final step in a quasi-legal W h i 1 e Student Government port for this plan, the Regents without the consent of either the bly fe
dents. system which determines which Council has always agreed that were adamantly opposed to the student body, the faculty, or their set of
The court's sole member was at- types of behavior are not appro- boundaries of dissent should be idea, t h e i r chief concern being respective governments.
Ten Pages
spute
lost as if to prove their case,
egents released a set of cam-
ide rules which were aimed
rbing the use of disruption
political tactic.
addition, the rules allowed
resident of the University to
is discretion in determining
to outlaw a sit-in or occu-
1 of a University building,
dless of whether that occu-
i is peaceful or not.
Regents labeled that set of
the Interim Rules, and said
would remain in effect only
students and faculty mem-
presented them with a sub-
e set of rules.
they made it very clear that
her SGC, or Senate Assem-
lt disinclined to approve a
rules acceptable to the Re-
See INTERIM, Page 7
Knox
resigns
research
board Interim
Hits VP, researchers
for 'defiance' of rules
By DAVE CHUDWIN
Managing Editor
Michael Knox resigned yesterday as a member of the
University's Classified Research Committee, charging that
the group "continues to be an ally of the military research
establishment" despite recent efforts to end secret military
projects on campus.
In his letter of resignation to Senate Assembly Chair-
man Gerhard Weinberg, Knox revealed that last Friday the
committee approved an allegedly fake proposal for research
previously carried out without prior approval of the com-
mittee.
Knox also disclosed that on April 7 Vice President for
o Research A. Geoffrey Norm-
an sent notification that a
classified research proposal
had been sent to the Defense
0 * Department without obtaining
£ k -- A+ -V,. "Y., ~ the approval of the committee.
upheld;
declared
Rules
Eustis
guilty
UI uJI!In a policy adopted in 1967
by- the faculty and subsequentlyi7
th Regents, the committee is
P ostp o ned supposed to act on all proposals
for classified research before the
prposale sent out or the re-
By MIKE GRUPE search performed.
BG"In view of the recent defiance
'The Rackham Executive Board, by the researchers and the ViceI
in s e s s i o n yesterday afternoon, President of even the committee's
delayed possible intervention in present inadequate review, any
the dispute between Graduate As- changes in practice seem unlikely
sembly and the newly constituted even if present policies are
Rackham Student Government for changed," Knox wrote, explaining
at least one week. his resignation.
Issues involved in the dispute A previous letter by Knox to
*nclude: ! Weinberg and a minority report
-Funds currently allocated to to Senate Assembly expressing his
GA but claimed by the new Rack- dissatisfaction with current classi-+
ham Government in accordance fied research did much to revive
with a recent Central Student Ju- the movement on campus to end
diciary (CSJ) court order: such research.
-The use of designated office At its March 22 meeting, Senate
pace in the Rackham building; Assembly, the faculty representa-
nd tive body, requested its Research
-The power for graduate stu- Policies Committee to review Uni-
dent appointments to student-fac- versity guidelines on research and
ulty committees, in particular; the Classified Research Committee
those positions with committees of to re-evaluate its procedures.
Senate Assembly, the faculty rep- Ten days later students ap-
resentative body. proved by a 5-3 margin referenda
A CSJ order of last week to GA on the Student Government Coun-
-Daily-Tom Gottlieb
MICHAEL KNOX (left) and Classified Research C ,mmittee Chairman Gerald Charbeneau (right) ad-
dress last month's Senate Assembly meeting at which the issue of classified and military research was
discussed. Knox resigned from the committee yesterday.
REQUIREMENT RESCINDED:
SSGC changes ruleconcerning
Daily coverage of elections
Student Government Council last night voted
unanimously to rescind an SGC rule that was in-
tended to regulate The Daily's printing of candi-
date endorsements before campus-wide elections.
The rule was the subject of a recent debate be-
tween the Senior Editors of The Daily and SGC on
whether the content of the campus newspaper can
be regulated by Council.
The rescinded rule had stated that "when a pub-
lication endorses candidates and states reasons
for its endorsements, and there is no (other) com-
parable media then the endorsements and reasons
should be publicized soon enough before the elec-
tion that the candidates not endorsed can reason-
ably answer the charges in the time remaining.
In addition, the rule had stated that "the publica-
tion should offer "at least equal and fair time or
space" for the responses.
In revoking the rule, SGC members stated that
they did not consider the resolution an infringe-
ment upon freedom of the press, but did not want
to establish a precedent which could later be cited
as grounds for regulating The Daily.
The rule, passed by SGC in February, was in-
vcked by SGC's Credential and Rules Board after
The Daily published its recommendations for the
X periment:
recent campus elections only two days before the
actual balloting.
The board found The Daily guilty of violating the
rule, but expressing uncertainity as to whether the
rule was in line with the SGC constitution, fined
Daily Editor Robert Kraftowitz $6 to allow him to
appeal the ruling.
While Kraftowitz never appealed the ruling, he
urged SGC members to rescind the regulation,
maintaining that it constituted an infringement
upon freedom of the press.
Last night, Council voted to remove the rule from
its election code "to prevent government regula-
tion of the press." At the same time, however, it
reinserted the substance of the rule into the code
as a "policy resolution."
The resolution urges the Senior Editors to adopt
the policy that was formerly stated in the rule.
Kraftowitz had informed SGC members previous-
ly that the Senior Editors believe the "thrust of the
rule" to be a "very good idea," and intend to handle
future endorsements in the manner suggested by
the SGC resolution.
In addition to rescinding the rule, SGC also voided
the $6 fine leveled on Kraftowitz by the Credential
and Rules Board.
By TAMMY JACOBS
In the first hearing under
the controversial Regents In-
terim Disciplinary R u 1 e s, a
hearing officer appointed by
President Robben Fleming de-
Sclared John Eustis, '73, guilty
yesterday of violating two of
the three rules cited against
him in a complaint stemming
from actions outside the Feb.
19 Regents meeting.
Eustis was given a sentence of
a year's probation from extracur-
ricular activities. The sentence
was midway between the most
severe sanction of expulsion and
the lightest sanction of a warning
in the list of several possible sanc-
tions stipulated in the rules.
Denny Hayes, Eustis' attorney,
indicated that they did not expect
to appeal the decision. Eustis is
also being tried in civil court on
an assault charge involving the
same incident.
After an all-day hearing, at-
tended at times by as many as 50
spectators, Theodore Souris, a De-
troit attorney and former state
Supreme Court justice, formulated
a lengthy decision which rejected
a motion by Hayes challenging
the propriety of the rules, and up-
held the legality of the much-cri-
ticized disciplinary procedure.
Souris then delivered a verdict
of guilty on counts charging Eustis
with "use of force or violence
against any member or guest of
the University community," and
"interferencetby force, threat or
duress, with the freedom of move-
ment of any member or guest of
the University."
He declared Eustis not guilty on
a third charge of "disruption or
interruption of a dulyauthorized
University activity," ruling that
the security officers whose ?.ctiv-
ity Eustis was alleged to have dis-
rupted were protecting a Regents
See EUSTIS, Page 7
-Daily-uary villanari
DEFENSE LAWYER Denny Hayes (left), and defendant John
Eustis, (right) listen to arguments at hearing which convicted
Eustis of violating two counts of. the Regent's interim rules.
SGC
asks
Uc
fives explicit directives on these
issues; however, GA has ignored
the order contending C.SJ had no
jurisdiction in the recent case. j
GA's posture regarding the new
Rackham Government is appar-
ently one of careful scrutiny. Jana
Bommersbach, GA president, said.
'FGA has not as yet recognized
Rackham Government-this doe1i
See BOARD, Page 7 1
cil election ballot to end classified
and military research on campus.
"Despite the actions of Senate
Assembly, the results of the stu-
dent referendum, and all of the
concerns recently expressed with-
in the University community, the
Classified Research Committee
continues to function as before,"
Knox said in the letter.
See KNOX, Page 7
s
to modify rules
By ART LERNER
Student Government Council decided last night not to
accept the proposed University Council (UC) rules as they
presently stand and voted to modify the rules in several
key provisions.
SGC's modifications included deletion of a provision pro-
hibiting "continued occupation of a University facility" if it
"creates a substantial risk of interference" with a "significant
University function" or "injury to persons or property."
The UC rules are a set of con-
Working an
The unstructured classroom
I
hel
RC
teacher,
By HESTER PULLING
and CARLA RAPOPORT
Third of a series
While most professors can.
take their c l a s s e snopfarther
than the Diag, one professor
last fall held a three day class
in the hills of Appalachia.
Surrounded by 10 of the na-
tion's most impoverished coun-
ties, 16 Residential College stu-
Odents took a first hand look at
poverty in Kentucky-a subject
they were studying in their
freshman seminar class back ,it
the RC.
to have the freedom to create
as you go along," says Betsy
Feifer, a drama and literature
lecturer at the college.
However, some RC teachers
feel that students take advant-
age of the loosely structured
character of the courses.
"I cannot agree with the idea
represented by some people that
faculty have little place ,in the
classroom and students can pur-
sue anything they want," says
RC G e r m a n Prof. Charles
Maurer.
Critics outside the college say
Impending budget problems
Ien igThe residentia
Although finding the Resi- teaching on a joint basis at bot
eolle e: dential College an exciting and RC and LSA.
stimulating place to work, many All proposals for the hiring
RC teachers see the college's firing and promoting of Resi
After four years dependenceu up o n the literary dential College's faculty mu
>. college for hiring and promoting go before the literary colleg
faculty - compounded by the for approval.
ue bue.................. *.... ....,_ --"- "a........ -:-------.......niversity's current budget cris- Because of the tight mone
h
g9,
yi-
duct regulations designed to re-
place the Interim Rules passed by
the Regents last April.
Under a Regents bylaw which
cieated UC in February the rules
must be approved by SGC, Sen-
ate Assembly - the faculty repre-
sentative body - and the Re-
gents.
To a provision of the rules dis-
cusing temporary separation or
"exclusion" from the University,
SGC added that it "should only
be imposed if the individuals'
continued presence on campus
clearly endangers other members
of the academic community."
Other modifications passed by
SGC included placing the Re-
gents under the jurisdiction of the
UC rules.
Other changes suggested by
U.S. advisers
flee beseiged
S. Viet base
SAIGON (A) - While heavy
fighting continued near South Viet-
nam 's Fire Base 6 in the central
highlands, some of the base's de-
fenders tried to flee on the landing
skids of a U.S. helicopter taking
out U.S. advisors.
They were shoved off.
The U.S. helicopter lifted out
four of the five American military
advisers at the frontier base close
to the juncture of Laos, Cambodia
.........
is-as posing serious questions
on their future at RC.
"I think if Residential Col-
lege is to survive, it must have
the ability to appoint and re-
cruit its own teachers," says
Chen Chua, an English professor
at RC.
situation at the University, de-
partments in LSA are frequently
unwilling to loan out faculty
members to RC.
In addition, Residential College
administrators say funding short-
ages also restrict RC from pro-
moting its faculty and therefore