THE JUDICIARY CONTROVERSY See Editorial Page. Inkh 'AOF :43 a 4kr ty t EXHILARATING High-55 Low-25 Sunny, but still cool 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