Clark decision: Victory for women

By JAN BENEDETTI
"This is a terrific step for-
ward. It indicates that if wo-
men persist in their complaints
they will be vindicated." says
Virginia Nordin, chairwoman of
the University's Commission for
Women,
The recent decision in the
Cheryl Clark case represents a
major victory for women seek-
ing to end sexism in campus
employment policies, according
to spokespersons of University
women's groups.
Clark, the first woman in the
country to demand back pay
from a university on the
grounds of sex discrimination,
won her request in the test
case of the University's new
complaint appeal procedure.
Clark, a research associate in
the Highway Safety Research

institute, will be awarded a
minimum wage increase of
$1320 annually retroactive to
Jan. 26, 1971.
The decision represents the
first use of a new complaint ap-
peal procedure, formulated for
cases of alleged discrimination.
"If women are still dissatisfied
(after complaining through the
standard grievance procedure)
they can go through this pro-
cedure," says University Wo-
men's Representative Kathy
Shortridge. -
The new procedure was es-
tablished on a trial run basis
as a result of Clark's original
complaint.,
She filed a complaint in Jan.
1971, charging that she was re-
ceiving a salary $3400 less than
a man with the same job. After
this initial request, which was

heard ' through the standard
procedure was rejected, law
Prof. Harry Edwards, Clark's
lawyer, charged that the pro-
cedure denied a complainant
due process of law.
As a result, the Commission
for Women and the University's
executive officers drew up the
new complaint appeal proce-
dure. For each case, the Uni-
versity and the complainant
each select one member of a
three-person board. An impar-
tial chairperson is chosen from
a list submitted by President
Robben Fleming to the two
members.
The board, after hearing the
case, formulates a recommen-
dation and submits it to Flem-
ing.
Several points of the Clark
decision upheld key arguments

put forward by Edwards.
The unanimous ruling by the
board shifts the "burden of
proof" to the University in cas-
es of salary inequity between
men and women.
"Once a disparity is shown,
it's up to the University to show
that it's based on criteria other
then sex. The University has
not developed a clear set of
criteria for establishment of
salaries. Women were always
paid less," says Edwards.
Another major outcome of the
case is the board's reaffirma-
tion of state law which rules
that discrimination need not be
intentional to be unlawful. ,
University lawyers claimed in
the case that any discrimina-
tion against Clark was unin-
tentional. Therefore, they ar-
gued, it did not constitute dis-

crimination.
"It was frustrating" to prove
intent in such cases, according
to Nordin.
The procedure, whose trial
period runs out on Sept. 1, will
be evaluated later this summer.
"The procedure should be
maintained or else there will be
no neutral hearing at all. But
the procedure is so time-con-
suming, I can't imagine there'll
be an enormous number of wo-
men to go' through it," says
Shortridge. "Women are often
reluctant to come forward with
complaints. They're sometimes
afraid of losing their job," she
adds.
The Clark case also provides
more evidence of sex discrimi-
nation in University employ-
ment practices.
See CLARK, Page 8

P tx t FtYt Ftt 1,3

Vol. LXXXII, No. 44-S Ann Arbor, Michigon-Wednesday, July 19, 1972 12 Pages plus 12 Page Supplement
Soviet advisers to leave Egypt

Sadat replacing Russian
military with Egyptians
CAIRO (A) - Soviet military signed just over a .year ago be-
advisers and experts are leav- tween Cairo and Moscow, the
ing Egypt and will be replaced agency said.
by Cairo's own soldiers, Presi- In Jerusalem, Israeli sources
dent Anwar Sadat announced greeted the announcement with
yesterday. He emphasized that guarded optimism, saying it
the decision "does not touch in might lessen the immediate
any way the essence of Soviet- prospects of a new Mideast war.
Egyptian friendship."
Sadat said the withdrawal or- The Egyptian news agency
der for Soviet military person- quoted Sadat as saying that 'all
nel, "who came here upon our military installations and equip-
request," was effective Mon- sucted isidehaEgyptian trn-
day, the Middle East news ag- tuediseEgpaner-
ency reported. Informants esti- tory' following. the 1907 June
mated 100400 to 20,000 Russian aggression should be put under
Egyptian armed forces and be
Egyptian property."
The order does not apply to
10,000 to 15,000 Soviet civilian
advisers assisting in engineering B U L L E T IN
and other fields and in con- WARWICK, R.I. (P) - Stones'
struction of industrial complex- superstar Mick Jagger and lead
es and new dams along the Nile. guitarist Keith Richard were
A statement issued yesterday arrested late last night after a
uoted Sadat as saying: fracas with a photographer. The
"Taking these decisions does pair pleaded innocent to charges
not mean we are delaying the of assault or obstructing a police
battle with Israel, because we officer and were released to go
never planned to fight with the to a concert in Boston where a
Soviet experts and advisers. It capacity crowd awaited them.
is our battle and we will not
fight except with our own sold-
iers and men. Observers said this would ap-
"Also, we do not intend to ply to complex missile installa-
create any confrontation be- tions and new aircraft equip-
tween the Soviet Union and the ment which in most analysts'
United States." judgment the 'Egyptians have
In saying the move does not been inadequately trained to
affect the nature of Egyptian- handle well.
Soviet relations, Sadat observ- Egyptian informants and dip-
ed: "It is only a clarification lomats had reported Sadat's
position where we give each side action earlier. They said several
his right and put forth a new Russians were seen leaving
style for the - coming stage of Sunday and Monday, shortly
our friendship." after Premier Aziz Sidky re-
The president made the an- turned from a one-day visit to
nouncement to the 150-man
Central Committee of the Arab Moscow.
Socialist Union, Egypt's only In recent months Sadat's re-
legal political party. He called gime has displayed increasing
for a joint high-level Egyptian- impatience with its superpower
Soviet meeting to work out the
transfer within the framework benefactor, particularly s i n c e
of the 15-year friendship treaty President Nixon visited Moscow.

MY Chan h shelled
A SOUTH VIETNAMESE peasant cries as he prays at the coffin of his young son, who was killed
during a recent North Vietnamese shelling attack at My Chanh, north of Hue.
MARCHING WOMEN:
Look isn't that glockenspiel
player wearing a mini-s irt.

By MARILYN RILEY
"Gentlemen and ladies - the
Marching Band of Michigan -
an equal opportunity employer"
blares over the. stadium loud-
speaker.
While the changes may not be
quite so radical, when the
"Marching Men of Michigan"
takes the field next fall, en-
thusiastic band buffs may find
the ranks have been infiltrated
by bandswomen marching and
playing alongside the male mem-
bers.
The decision to open the tra-
ditionally all-male band to qual-
ified women came July 1, 1971,
when George Cavender took
over as the Director of Bands.
He termed his move a "program
of action, not reaction," and
said the decision was made on
his own, without pressure from
outside sources.
"When a tradition denies a
person his basic rights, then
that tradition is made to be
broken," said Cavender. "I owe
every qualified student an oppor-

tunity to play in the band if he
wants to."
Despite his spirit of progress
there were no women in the
marching band last season.
Cavender attributed this to his
July' 1 appointment. "It's diffi-
cult to change horses in mid-
stream," he said. "There wasn't
much time for the dissemination
of information by the time I was
appointed." School of Music cat-
alogs had already been printed
and orientation information had
already been sent out by the
time the policy change was
made.
Cavender admitted it was
"very possible"' that some wo-
men did not try out for the band
because information about the
change was not made available
to them.
This year a greater effort is
being made to reach prospective
bandswomen. Letters were sent
out to incoming freshman wo-
men in the music school, and a
memo was given to orientation
leaders informing them that

women were now eligible for
marching band.,
There is still a problem, how-
ever, in r e a c h i n g non-music
school upperclass women, espe-
cially since the ordered change
in the wording of the music
school was never made. The 72-
73 catalog still states that the
marching band is only open to
"qualified men."
Music School Dean Allen Brit-
ton, whose office was responsible
for the catalog change, called
the omission "a pure slip up."
"It never occurred to us that
anyone ever read the catalog,"
he said.
"It doesn't mean we won't
allow females to play in the
band," he continued. "It just
means there never were any fe-
males in the band."
He explained that "qualified
men" should be interpreted more
loosely to mean "qualified peo-
ple," thus including women as
eligible band candidates.
According to Cavender, quite
See WOMEN, Page 8



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