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May 06, 1970 - Image 8

Resource type:
Michigan Daily, 1970-05-06

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Poge Eight


Wednesdoy, Moy 6, 1 970

Page Eight THE MICHIGAN DAILY Wednesday, May 6, 1970







A University employe who re- information in a confidential During the hearing, Richard
fused to give testimony on infor- counseling capacity which, he said, Ryan, the University's counsel, at-
mation he obtained confidentially was protected by state law. His temptedi to prove that the state
from a student was fired last contention was disputed by Dis- law granted Tarrant the right to
Tuesday after being found guilty trict Judge S. J. Elden who found wihhold information he had re-
on four counts of contempt of Tarrantl guilty of contempt-of- ceived in confidence concerning
court. court. the assault incident.
The employe, Shawn Tarrant, This ruling was then appealed Under the law cited by Ryan,
had held the position of assistant to Circuit Court, a move which persons working as teachers, guid-
director of University housing for University officials regarded as a ance officers, executives, or profes-
special projects. According to key test of a state law designed sionals, may withhold information
Housing Director John Feldkamp, to protect communications be- from the court told to them in the
he gave false information on his tween students and epmployes of confidence of their position.
inb annia tinn, nA,.ntinnnl1inctitinc

Judge Cambell said, "The question
is: Can an educational institution
appoint anyone it chooses and say
he is entitled under law to receive
confidential communication and
have these protected?"
During Tarrant's trial last week
for perjury, Feldkamp testified
that when Tarrant was hired a
month ago, no checks were made
into his background or education.
"We relied on the truthfulness
of his statements," he said. "We
felt he met the requirements."
After hearing final arguments
on the status of Tarrant when he
talked to the fourth student ac-
cused of assault, Judge Cambell
told Ryan and Shea that he would
take the case under advisement
and issue a written opinion on it

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JUD app1c~a on.
The charges of falsifying infor-
mation was based on testimony
'Tarrant' gave at a contempt-of-
court hearing in Washtenaw Cir-
cuit Court after he refused to re-
veal the confidential information.}
During the hearing, Assistant
County Prosecutor Thomas Shea
presented the court with an ela-z
borate probe into Tarrant's back-I
ground, which in several instances
conflicted with Tarrant's testi-
mony on his personal history.
Subsequently, Circuit Judge Ross1
Cambell found Tarrant guilty of
perjury and sentenced him to 12
days in jail.
Tarrant was hired as assistant
housing director a month ago andJ
was suspended with pay on April
20 after questions arose concern-
ing the accuracy of the testimony
he gave in Circuit Court.
Three weeks ago, Tarrant was
called to testify in District Court1
regarding an alleged assault of!
two University students by four3
other students in West Quad.
While on the witness stand, Tar-t
rant refused to give the name of1
one of the four assailants, on'
grounds that he had received that'

1 aRuca.cton,'JaO~ iI ~L ~insim on .

In sentencing Tarrant, Circuitf
Judge Ross W. Cambell said, "You
are not being punished for mis-
representing yourself to the Uni-2
versity of Michigan. You are notl
being punished for failure to an-
swer a question in District Court.7
You are being punished for com-
mitting perjury before this courtp
while under oath."t
Judge Cambell said Tarrant per-
jured himself four different times
when giving answers about his
background to Shea.
Reading from a transcript of
sworn tetimony, the judge listed
as instances of perjury:
-Tarrant's statement that he
had never attended Northwestern
High School in Detroit;
-His assertion that he had
never been convicted of a criminal
-His contention that he holds ar
bachelors degree from Michigan
State University and a masters de-
gree from Hunter College in New
York; and
--His statement that he never
held a Michigan driver's license.
Tarrant was taken to jail last
Tuesday, following the hearing.

Prosecutor Shea, throughout the I
four days of the hearing, attacked
Tarrant's position as a counselor
and charged he is not included in
any of the four categories of the
The prosecutor also showed that
Tarrant does not possess the edu-
cational qualifications required by
his position at the University, al-
though his job application had
stated otherwise.
Commenting on this question,
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On March 31 we issued a statemen
the following passage:
"Faculty and student groups have
some months on revision of rules a
ment procedures. This the Reger
because they understand that a1
in rule enactment and enforcem
ticipation by those who will be gov(
by. Nevertheless, and until such
can be perfected, it is essential t,
more effective internal sanctions.'
To provide a temporary mechanism
issue these Interim Rules and Discipl
dures, to be 'applied to offenses occi
after. They may be superseded or st
by our adoption of rules drafted by
sity Council and our establishment
permanent judiciary.
A. The following forms of conduc
compatible with the purposes of
demic community, are prohibite
1. Use of force or violence.
member or guest of the Uni
2. Interference by force, threa
with the freedom of mover
member or guest of the Ur
3. Disruption or unauthorized
of a class;
4. Disruption or interruption of
authorized University activit
(but not limited to) convoca
semblies, lectures, and recrt
5. Continued occupation of a
facility after being ordered
the President or his agent;
6. Defacement, damage to or t
versity property.
B. Engaging in any of the forms
set forth in preceding Paragr
subject the violator to sanctio
in Section II of this documen
A. The following sanctions may
on violators:
1, Warning: Notice, orally or
that continuation or repetit
duct found wrongful may t
more severe disciplinary acti
2. Censure: A written repriman
the possibility of more seve
ary sanctions in the event of
of a subsequent violation of,
regulation within a stated
3. Probation: Exclusion from Y
in privileged or extra-curric
sity activities for a period n
one year.
4. Restitution: Reimbursement
ment, damage to or misal
of property.
5. Suspension: Exclusion from
other privileges or activities
in the notice for a definit
6. Expulsion: Termination
status. Readmission may n

The University of Michigan
Statement by the Board of Regents
April 17, 1970
t containing his convidtion and thereafter unless and
until the University pharges against him
worked for \YO have been heard and decided.
and enforce- G. The hearing shall-be governedl by the fol-
nts welcome lowing rules of procedure:
key element 1. At the request of the person charged,
ent is par- ,. the hearing shall be conducted In
erned there- private.
procedures 2. The person charged shall have the right
hat there be to have his defense conducted by an
" adviser bf his choice, the right to hear
i, we do now and examine adverse witnessps, and the
inary Proce- right to testify and present evidence and
uirring here- witnesses in his own behalf,
upplemented 3. If the person charged shall, after due
the Univer- notice, frail to appear or if, having ap-
of a more before the expiration of one year from peared, he shall make no response to the
the date of expulsion. complaint, the hearing officer shall pro-
B. Sanction number four (restitution) may be ceed with the hearing.
imposed either alone or in addition to any H. The hearing officer is authorized:
other sanction. 1. To limit the number in attendance at
~t, being in- C. These sanctions for violation of the rules the hearing to assure decorum;
an aca~ set forth in Section I may be imposed by 2. To limit the number of witnesses in order
d: the employment of the procedures set forth to avoid dilatory tactrics;
against any in Section III of this document. 3. If a party to the hearing or his adviser
versity com- II.DSILNR RCDRSshall deliberately conduct himself in a
manner disruptive of the hearing, to
mt or duress, A. Charges of violations of these Interim Rules exclnde him and proceed with the hear-
nent of any may be made by any member or guest of the ing as if he had not appeared.
niversity; University community or by any represen- I. Within fifteen days of the conclusion of the
interruption tative of any department or agency of the hearing, the hearing officer shall file a re-
duly B Charesty shl ei rtn n hleport containing findipgs of fact, conclu-
a illy B.Chagesshal bein ritng nd hal besions as to the validity of the charges, If
ty, including filed with the dean of the school or collegethpesnhrg ifudgulyth
tions, as- in which the student charged is enrolled. theron ffcrhae ims fon guiltn the
iting inter- C. Upon filing of the charges, the dean imme- harin. offie rep shall o e faion ort
diatly hallforardthemto he Ofic ofthe dean and served on the person charged
a University the University Attorney. in person or by registered mail. If the
to leave by D. If the evidence is determined by the Uni- hearing was conducted in the absence of
versity Attorney sufficient to warrant pro- the individual charged, the report shall so
heft of Uni- ceeding further, the Office of the Univer- indicate.
sity Attorney shall prepare and serve on J. Sanctions may be appealed to the Regents
of conduct the person charged a complaint setting on the record by filing a notice of appeal
aph A shall forth the nature, time, and place of the in the Office of the President within fkve
ns provided violation charged. The complaint shall be days of service of the hearing officer's re-
t.served on the person charged promptly and port. The Regents' decision on the appeal'
within thirty days of the filing of charges. shall be served on the appellant in person
Service of the complaint shall be personal or by registered mail, and shall be final.
be imposed or by registered mail addressed to the per- K edn opeino h ern n
son charged at his last University-recorded inos ctionanctons, the artusliand
in writing, kideal address. The complaint shall be ac- Ipsto fsntos h ttswti
tion of con- companied with notification of the date, the University of the person charged shall
e cause for time, and place of the hearing, which date not be altered unless his continued presence
on. shall be not less than five nor more than on campus shall be found by the President
~d, including fifteen days from the date of service. A or his delegated representative to constitute
re disciplin- copy of the complaint and certification of a serious threat to tle Unversity com-
e e nmunity or to the property of the University.
ten Uising serice saln d in the Office of then. Such findings shall be preceded by an ap-
are UnieriyPeietanenteofceo-h en prprivate.haiguls xroriaycr
i period of E. The hearing shall be held before a hearing crumaTes l hearing.Iesxa dnay i-
officer, not otherwise employed by the Uni-taes de e nan
articipation versity, appointed by the President. such case, the President or his delegated
ular Univer- F. On written motion of the person charged, representative Is authorized to suspend the
ot exceeding filed in the Office of the University At-h r h es tr
theUnier-oieffapningopetoifthharing a- !
torney any time before the hearing begins, and fiae l detdergl mketion of the cser n
for deface- the hearing shall be postponed until dis-sin.n lintdterinofthas
ppropriation position at the trial court level of any .T LI it
pending criminal proceedings arising o r these rules and procedures, are applicable
classes and of the same conduct, provided, however, to all students in the University for offenses

as set forth that a student who is convicted of a crim- occurring hereafter, and supersede any provi-
te period of inal offense arising out of the same con- sions of the by-laws, rules, and regulations in-
duct and is charged with violation of a consistent therewith. They shall remain in ef-
of student University rule shall be ineligible to register fect until superseded by other rules and proce-
ot be sought at the University in the semester following dures established by the Board of Regents.




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