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Section One - General Ann Arbor, Michigan - Thursday, September 6, 1973
Sixty-Four. Pages
'
sets
1-ear
residency
rule
By DAVID BURHENN
and REBECCA WARNER
A new one-year residence requirement for in-
state University tuition status was approved on
June' 23 by the Board of Regents after a major
University residency clause had been effectively
voided by the U.S. Supreme Court.
Students applying for in-state tuition rates will
also be required to show that they have estab-
lished a Michigan domicile, meaning they intend
to make the state a permanent home even after
graduation from the University.
The new University rules are based on require-
ments adopted by the University of Minnesota and
subsequently upheld by the Supreme Court.
Conditiozis considered to have "probative value"
in support of a request for resident status ac-
cording to the new requirements include:
-Continuous presence in the state during per-
iods when not enrolled as a student or reliance
upon Michigan sources for financial support,
-Domicile in the state of family, guardian or
other persons legally responsible for the student,
-Former domicile in the state and the mainte-
nance of contacts in Michigan while absent,
Rege nts to vote'on tuition h ike
-Ownership of a home in Michigan or admis-
sion to a "licensed practicing profession" in the
state, and
-Commitments to further education in Michi-
gan, indicating an, intent to stay here perma-
nently, or acceptance of a permanent employ-
ment offer in the state.
The regulations also list conditions which will
not be considered by themselves sufficient to
prove residency, iflcluding local voter registration,
local automobile registration and "a statement of
intentions to acquire a domicile in Michigan."
Applications for residency reclassification must;
be filed no later than 20 days following the first
day of classes of the term for which the decision is
sought. Application forms are available from the
Student Certification Section, Office of the Reg-
istrar, LSA Bldg., University of Michigan.
The nature of the form is highly probing, with.
questions on the-student's financial status and em-,
ployment record to determine how strongly he or
she is rooted in the state.
University attorney Roderick Daane said that
none of the listed criteria for residents are
"meant to be controlling" but rather the "spec-
trum" of evidence will be weighed by the four-
member decision board.
The effect the new regulations will have on
University income is still unclear, although some
officials have estimated that the University stands
to lose $2.5 million dollars. Another tuition hike
is expected to accompany the new regulations,
perhaps as much at 12 to 13 per cent above last
year's figures. The Regents were expected to
vote on a new tuition schedule for fall at their
July meeting.
The University's troubles with its residency re-
quirements began last May 9 when Circuit Court
Judge William Ager axed a rule that prevented
students desiring resident status from taking more
than three credit hours during a six month period.
Ager ruled that students could not be denied
the right to establish residence for in-state tuition
simply because they -were in attendance at the
University.
In his opinion Ager wrote, "A student or any
other person who becomes of- age has a right to
change his residence. The denial of this right or
its lawful existence in a situation such as we have
in this rule (the residency requirement) which
prevents a student from becoming a resident of
the State o, Michigan,- is a denial of the United
States and, perhaps, Michigan constitutional equal
protection guarantees."
Ager did, however, make it clear in his opinion
that "Michigan is not in a position, nor does it have
the duty, to provide opportunity to citizens of
other states on the low cost tuition basis that it
charges in-state residents."
The opinion, which was handed down in the form
of a permant injunction, came as a result of a
lawsuit filed in -March, 1972, by legal attorney
Arthur Carpenter and six out-of-state students.
Carpenter said he expects the new regulations
"will be proved inadequate to meet fairly the
needs of a mobile society."
Then on June 18 the U. S. Supreme Court invali-
dated the same rule in its verdict on a tuition suit
involving the. University of North Carolina.
However, one aspect of Ager's ruling will prob-
ably still be appealed by the University. The judge
ruled that out-of-state students who were enrolled
on or after March 1, 1972, would be eligible for
rebates on the higher rates they paid during that
time if given resident status.
GOP
unite
councilmen
to
axe
local
4
$5pot o
By GORDON ATCHESON
Amid a circus-like atmosphere -of pie-throwing
and heavy marijuana smoking, Anti Arbor's City
Council repealed on July 9 the city's controversial
$5 marijuana ordinance.
The year-old pot law-the most liberal in the
nation-was. voted out by a 7-4 tally, with ;Repub-
lican council members .onstituting the law's entire
opposition.
Under the ordinance, conviction for use or sale
of the "evil weed" meant merely a $5 fine for the
offender. Now, however; state laws governing marl-
juana have gone into effect.
Conviction for use can result in a jail sentence
of up to 90 days and a $100 fine. Possession of
more than two ounces of the drug is punishable
by up to a year in jail and sale by up to four
years.
Over 250 people jammed the council chambers
to protest the move to repeal the ordinance. Many
members of the audience passed joints back and'
Cont ens :
FRONT SECTION: Summary of summer
news, features.
STUDENT LIFE: Student housing, organiza-
tions, health services; International Center;
libraries; yoga; stories by University mi-
nority advocates.
COMMUNITY: City Council and politics, Wo-
men's Crisis C e n t e r, Farmers Market,
Community Center, pinball, TV center,
food co-ops, restaurants page, "Escaping
from the'hip community."
S P O R T S: Football, swimming, basketball,
hockey, track, baseball, wrestling, rugby,
gymnastics.
CULTURE: The -'music scenes, Blues and
Jazz Festival, m u s e u m s, art galleries,
movies; bars, poetry, drama, Hash Bash.
ACADEMICS: Selecting c o u r s e s, tenure,
dorm programs, Regents, University execu-
tives, computers, Afro-American and wo-
men's,studies.1
rdinance
forth, while vocally deriding the Republican coun-
cil members.
Shortly after the vote two persons hirled several
pies at Republican MayorJames Stephenson, who
;had claimed during debate that city laws must
be the same as state statutes to be effective.
"Pot dealers are a social blight and must be
put out of business," he said.
Much of Stephenson's s p e e c It, however, was
drowsed out by the crowd which cheered Demo-
cratic and Human Rights Party (the city's radical
left third party) council members.
"The Republicans apparently see no difference
between a harmless enjoyable weed and dangerous
hard drugs," said council member Jerry De Grieck
(HRP-First Ward).
"If Stephenson and his six lackeys had an ounce
4 of guts they would put the issue on the ballot next
April and let the people decide the law's fate," he
added.
Council member Carol Jones (D-Second Ward)
offered an amendment to the repeal ordinance
which would have placed the law on the ballot.
The amendment was defeated as all the, Republi-
cans voted against it.
The original $5 ordinance had been given life
by a coalition of HRP and Democratic council
members who voted its passage in May, 1972. Both
parties had advocated legalization of marijuana
in their April election campaigns.
Yet the $5 proposal did not become law without
something of a struggle between the Democrats
and HRP. The latter wanted to set the fine for
sale and use at 25 cents but found that such a
penalty could not be legally enacted.
The Democrats thus came up with'a proposal
asking for an $11 fine for use but not sale.
Finally after several weeks in committee the $5
fine- for sale and use of marijuana emerged as
the compromise, which was approved by the Demo-
cratic-HRP coalition despite strong Republican ob-
jections.
But members of all three parties feel the law
had little if any effect on dope use in the city.
Harris accused the repeal move as "catering to
a constituency which enjoys repression." .
When the law went into effect last summer, city
judges began placing people on probation rather
than fining them. Probation sentences of up to two
years were not uncommon.
See CITY, Page 8
Daily Photo by KEN FINK
Art in the streets
Ann Arbor's annual Street Art Fair in July brings four days of creative exhibits, local entertainment, exotic foods-and over 60,000 fair-goers. Set up on Suth
University, the fair attracts art enthusiasts from all over the U.S. who enjoy the fair's festive though commercial atmosphere. (See story, page 8).
HEW
calls ' minority hiring,
employment practices deficient'
By KATHLEEN RICKE
Facing a possible loss of thousands or millions of
dollars worth of federal grants, the University has
still not met national anti-discrimination *stand-
ards .in hiring and employment practices, accord-
ing to the Department of Health, Education, and
Welfare (HEW).
Over two years ago, HEW imposed temporary
financial sanctions against 11 schools in addition
to the University, charging sex discrimination. At
that time, HEW ordered the University to design
an affirmative action program.
In a May, 1973 letter to President Robben Flem-
ing, HEW criticized the University's amended af-
firmative action plan as "deficient." Problem
areas cited were utilization and upgrading of mi-
norities and women, salary equity between female
and ,male employes, nepotism policy, hiring place-
ment, and personnel file review for alleviation of
discriminatory practices.
The HEW letter also accused the University of
presenting its employment data reports in a de-
ceptive manner- to create the impression that af-
firmative action goals had been met.
Responding to the HEW letter, Uhiversity Af-
firmative Action Director Nellie Varner denied that
the administration knowingly misrepresented its
er ployment statistics on minorities and women.
Varner claimerlda theniversit lackerd "avail-
taken and timetables for implementing each com-
mitment."
At press time, the University was expected to
submit in late July as ordered, another affirm-
ative action program.
The present affirmative action plan originated
in 1970 after a local group, Ann Arbor Focus on
Equal Employment for Women, filed a complaint
which initiated HEW's investigation.
Varner claimed this June that "after some dis-
cussion with HEW, we are in mutual agreement
that the affirmative action plan we were already
in the process of doing will be an adequate re-
sponse" to the recent demands.
In its specific criticism of the University em-
ployment situation, the HEW letter of findings
points out that while the University reports it has
recruited more minority and female applicants,
1972 data indicates that the 17 highest. paying po-
sitions were filled by 17 white males.
See HEW, Page 6
SEX DISCRIMINATION SUIT
Ca rolyn
Ci
By LAURA BERMAN
and SUSAN SOMMER
While some women don't rea-
lize the meaning of sex discrimi-
nation until their college years.
12-year-old Carolyn King, ace
centerfielder from nearby Ypsi-
voke the Ypsilanti charter and
player insurance and impound
their treasury if Carolyn remain-
ed in uniform.
Robert Stirrat, chief public re-
lations officer for the League's
national headquarters, defended
the League policy.
0*
ing-fights j
"Carolyn was o u s t e d from the Ypsilanti
Little League because she is a girl. And, accord-
ing to Little League Regulation 4; Paragraph
Or
the
right to play," Carolyn said con-
fidently.
Meanwhile, her Little League
chapter refused to heed warnings
from national headquarters and
allowed Carolyn to play on one of
their local teams, the Orioles.
Making her official League de-
ball
game or compete in the Little
League. tournament play-offs.
In her complaint filed with the
Federal District Court in De-
troit, Carolyn charged sex dis-
crimination and asked for an in-
junction to allow her teammates
to participate in these end-of-sea-