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Court rules universities immune
LANSING (UPI-- A divided
Michigan Court of Appeals dismissed
yesterday a suit filed by a student in-
jured in a college dance class, ruling
state universities should enjoy the
cloak of governmental immnunity from
The 2-1 decision affirmed dismissal of
a suit brought against the Oakland
University Academy of Dramatic Arts
by a woman hurt while attempting to
perform an exercise in a movement
AN OFFICIAL of the Michigan Coun-
cil of State College Presidents said his
organization has,- been following the
case, but said it is not clear it will set a
significant legal precedent.
The extent of governmental im-
munity has been a major issue in the
courts recently. The judiciary has ex-
tended it to mental hospitals, for exam-
ple, and denied it to municipal medical
The court majority in the Oakland
County case noted the Michigan
Supreme Court is split on the inter-
pretation of which public institutions
perform a "governmental function"
and thus are shielded from liability.
THREE OF the high court justices
likely would rule that universities are
immune since they are a function un-
dertaken for the common good of all,
the appeals court surmised. It said
three others would say no, noting that
they are not institutions which can only
be run by government. .
The tie-breaking vote, held by Justice
Blair Moody, would be based - on -
whether the institutions carry out an
activity that can be effectively accom-
plished only by government, the court
"We believe that Justice -Moody, af-
ter applying this test, would decide that
the operation of a state university is a
governmental function immune from
tort liability," the court said.
The state Constitution expresses
strong support for encouraging public
education and extensive legislation has
been adopted establishing colleges and
special scholarship and loan programs
for students, the court noted.
"While there are many non-public
colleges in the state, the providing of
opportunities for higher education to a
significant percentage of the population
is an activity which 'can be effectively
accomplished only by the gover-
nment,' " Judges Donald Holbrook and
William Beasley said.
The Michigan Daily--Wednesday, October 21, 1981--Page 3
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More cuts may come, Miller warns
March of Dimes
SIRTH DEFECTS FOUNOATiON .
Mak Chck ayale o:O LUE EMagazine
FOR OFFICE USE
LANSING (UPI)- Budget Director Gerald Miller con-
ceded yesterday he cannot promise a planned $270 million
budget cut-the largest single reduction ever-will be enough
to seethe state through the troubled 1981-82 fiscal year.
Miller made the commen't at a meeting of House and,
Senate budget writers where he presented what Social Ser-
vices Director John IDempsey conceded are proposed "har-
sh" reductions in welfare spending to be included in the
governor's budget slashing order.
"MY TESTIMONY is that there are very difficult times"
and there are "some downside risks" that more cuts even-
tually will be needed, Miller said. "I am hopeful that we
won't need to be back here" proposing more reductions, he
But, Miller added, "to say to you that we can definitely
avoid a cut . . . I couldn't do that."
The social services programs are scheduled to absorb $152
million of the $270 million budget cutting order scheduled to
be issued in final form tomorrow.
The department's proposals for accomplishing the reduc-
tion include 6 percent cuts in Aid to Dependent Children and
general assistance grants, tightening eligibility for general
assistance to exclude about 15,000 young adults living at
home, a 6 percent staffing reduction accomplished partly
through attrition, and changes in day care programs for
Overseas - Add $500
Man arrested in bank robbery
By ANN MARIE FAZIO tried to escape. Police said they demanded money, ordered all
A Bloomington, Ind. man was
arrested yesterday afternoon shortly
after he allegedly held up the Michigan
National Bank, 2355 E. Stadium Blvd.
Police said they apprehended
recovered a hand gun and more than
$9,000 from Rising.
RISING ALLEGEDLY entered the
bank a t a pproximately 1: 30 p.m-.
yesterday and waited until all the
oiustnmers had le1aft befnre apprnaching
cab in which Rising had allegedly a teller's window. Police said Risil
A Peace Corps representative from the Detroit recruiting office will be
on campus today to discuss the Peace Corps and its opportunities. There will
bean information table in the Michigan Union and interviews will be conduc-
ted in the Career Planning and Placement Office.
Ethics and Religion-Lecture by Dinora Guevara Benegas on current
situation in El Salvador, Trottr House, 7:30 p.m.,"aitisNwrkPn-
ring Under Uncertainty," Rm. 243 W. Eng., 4-5 p.m.
~outh and South East. Asian Studies-Lec., Shrinivas Bhattacharya,
I"Education for International Understanding," E. Lecture Rm., Rackham, 8
Chinese Studies-Lec., Zhao Fusan, "The Role of the Social Sciences in
*China's Modernization," Rackham Amphitheatre, 8 p.m.
Research Club-Monthly Mtg., Prof. Joseph Hawkins, "Of Din and Drugs
.and Deafened Ears," and Prof. James Gindin, "Searching for John
Galsworthy," West Conf. Rm., Rackham, 8p.m.
Campus Chapel-Steve Kemperman, "Cults in America and My 3 Years
~Experience with the Moonies," 1236 Washtenaw, 8:30 p.m.
Communications-Brown Bag, Prof. Peter Miller, "1982 Detroit Area
Study," 2050 Frieze, noon.
Chemistry-Sem., Dr. Emil Polecek,. "Electrochemical Analysis of
Nucleic Acids and Their Components," Rm. 1200, 4 p.m.; Vladimir Gregor,
"Assymetric Induction in Additions of Organocuprates," Rm. 1300, 4 p.m.
Western European Studies-Lec., Kingsbury Marzolf, "Scandinavian Ar-
chitecture," 3rd floor Commons, 2 p.m.
Russian and East European Studies-Brown Bag, Prof. Albert Simkus,
"Historical Changes in Hungarian Social mobility: Time on the Cross-Tab
Table," Commons, Lane Hall, noon.
Psychiatry-Lec., James Masterson, M.D. "The Borderline Adolescent:
Validity of the Entity, Diagnostic Subtypes, Implications for Treatment,"
CPH Aud., 9:30-11 a.m-.
CEW-Discussion, Debbie Robinson, "Effect of Group Identification
Among Blacks on Perceptions of Sex Discrimination," Rms. 4 and 5 Mich.
League, noon-i :30 p.m.
Earthwatch-Talk, Alex Sagady, "How Clean is Michigan's Air?" Rm.
S443, Mason Hall, 7:30 p.m.
Computer support Group of ISR-Lec. ISR Staff, "OSIRIS IV: Recode
features and techniques (session 1). 6050 ISR, 1:30-3 p.m.
Biological Sciences-Sem., Michael Yamin, "Axenic Cultivation and
Metabolism of Cellulose Digesting Protozoa of Termites," MLB Lec. Rm. 2,
Minority Student Services-Brown Bag, Yoland Marino, "Latino Women
at U. of M., an inside perspective, Rm. 2202 Michigan Union, noon.
Statistics Dept.-Lec. Bruce Hill, "The Weibull Generalization of the
Berkson Gage Model for Cancer Survival," Mason Hall, Rm. 451, 4:00p.m.
Women's Career Fair Planning Committee -Mtg., 2530 SAB, 8:30 a.m.
LSA Student Government-3rd floor, Michigan Union, 6:15p.m.
Pre-Inerview Program, Schumberger Wills, C2E6W.Eng., 7 p.
International Center-Brown Bag, "Traineeships Abroad," Inter. Ctr.
Rec. Rm., noon.
Union Arts Programming Effort-impressionistic music, Akiko Matsuo,
"Concert of the Month," Pendelton Rm., Michigan union, 8 p.m.
0 Prism-Taj Mahal, Rick's Cafe, tickets, $6.50.
Ark-Hoot Night, Open mike, 1421 Hill, 9 p.m.
Schooleof Music-2t Annual Conf. on Organ Msic, performane an
2lectures. Organ Conf.-Recital Almut Roessler, Concordia Lutheran College,
4 p.m.; String Department Recital, Recital Hall, ,8 p~m.; Organ Conf.,
Recital, Michelle Stout, Hill, 8 p.m.
* UAC-Laugh Track, doors open 8:30 for 9 p.m. show, University Club,
Ark-Evan Maccoil and Peggy Seeger, 1421 Hill St., 8:30 a.m.
MTEC TT . A N~TT TT
employees to lie on the floor, then fled
Officer Lloyd Stearns saw Rising en-
ter a taxi cab across the street from the
bank, according to police reports.
Police stopped the cab at the corner of
Washtenaw Avenue and Manchester
Road and arrested Rising.
Rising allegedly attempted to pull his
Pennsylvania for breaking parole,
Do a Tree
Y our Daily
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MICH IGA N AND TH E
CL E AN A IR A CT
By ALEX SAGADY
of the American Lung Association
WED. OCT. 21 -7:30 p.m.
Mason Hall Rm. 443
Sponsors: Environmental Low Soci-
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