4 OPINION The Michigan Doiy Lu Rage 4 Thursday, October 11, 1984 I ;. I , F. 4 Etudntahe n t Mcig Edited and managed by students at The U niversity of Michigan A Nite By Allison Salerno Ride nightmare muttered, handing me fifty cents back. I told talked to his dispatcher. "I'm a him I had not heard what he said. He there ain't no one here and I've laughed sarcastically. "Whatever you the back seat screaming down m want." He then pulled out eight singles, coun- "The girl from Taubman?" ting them twice with a deliberate slowness, "Yeah." then handing them to me. I gave him my ad- .. 14 Vol. XCV, No. 31 420 Maynard St. Ann Arbor, MI 48109 Editorials represent a majority opinion of the Daily's Editorial Board L A SERIES ON THE PROPOSED CODE III: A variety of injustices and illegalities T HE PROPOSED CODE FOR non-academic conduct is un- necessary and contrary to our belief that students should have the right to lead their own lives free from Univer- sity interference. Its deficiencies, however, go far beyond that. The code itself is riddled with in- justices and ambiguities that render it dangerous, and almost ridiculous, as a legal document. Where it outlines the proposed judicial system especially, there is hardly a provision that is not ;lgally or ideologically flawed. Line y line criticisms of the entire code can, and have, been made. While this s not an appropriate forum for an exhaustive examination of the code's Jegalities, a brief outline of some of the more blatant injustices is called for. In an attempt to streamline the udicial system, the University has hacrificed many individual freedoms uaranteed by the U.S. Constitution. ue process is not guaranteed. The system would deny the accused the right to a jury of one's peers. The hearing officers to whom the plaintiff would be initially answerable are ap- pointed by the University president and would be a faculty member, ad- ministrator, or University policy ad- visor. The student would then face a hearing board that holds the power of suspension and expulsion. This board would not be composed entirely, or even predominately, of students. Two students would be included on the board and would be selected by the president from a list provided by the Michigan Student Assembly. Whether or not these students would be un- biased is an open question. Regardless, the judging and senten- cing body would not be composed of the plaintiff's peers. And indeed, would not necessarily be composed of those concerned only with a just procedure. Different ends than a fair trial would be served by a board concerned with expediency. The judicial system also denies the right to an attorney. In reference to an attorney's allowed role, the code reads, "except for advising the respondent or claimant, the advisor may participate in the hearing only at the discretion of the hearing officer." The administration's hand-picked of- ficer, then, has the right to refuse the board and plaintiff the argument of the plaintiff's legal representative. This is blatantly unfair and enlarges even fur- ther the hearing officer's power to af- fect the outcome of the proceedings. In addition, the hearing officer will be able to accept as evidence "all mat- ter.... that reasonable persons would accept as having probative value in the conduct of their affairs." But who shall define what a "reasonable" per- son would accept, and should a reasonable person's judgement L nrncaai1v hp anvid enugh? Rgar- On Monday, October 8 my study partner and I studied at the Taubman Medical Library until 11:30 p.m. We had become thoroughly involved in our work. While I had not planned to stay so late, I knew I had brought my wallet and thus could pay for a cab ride home. My walk home is only five blocks, but includes the long hill of Catherine Street. I had seen that street covered with red dots on the map of Ann Arbor at the UGLi; dots signifying sexual assaults or attempted ones. I did not feel comfortable walking that road alone so late at night. About 11:40 I phoned the Nite-Ride. A sleepy and rather irritated voice answered. I told the dispatcher I needed a ride from the medical library to my apartment. He told me my ride would arrive in fifteen minutes. About midnight I was still standing outside Taubman, waiting. The library had emptied of students and employees. It was dark inside the building. Except for a few street lights and the moon, it was dark outside too. A few men jogged past. I watched the 12 o'clock Bursley/Baits bus drive by. Then the North- wood bus. Some nurses walked hurridly past the end of a shift at the hospital. It was late. I CROSSED the street to the pay phone and called Nite-Ride. "I called over twenty minutes ago for a ride. You said someone could pick me up at Taubman is fifteen minutes. Can you please tell me when my ride is coming? I'm not in a safe place." "I have no way of knowing." "I called because it's not safe for me to walk home. I'm not in a safe place now. The library is closed." "I HAVE no way of knowing when your ride is coming." "Well, would it be in two minutes, in twenty minutes? Could you at least tell me that?" "I have no way of knowing." "PLEASE try to find out. I'm not in a safe place here." The dispatcher put me on hold for about half a minute. "From where he is now he should be there in five to seven minutes." "Thank you." I WAITED about that time and the Nite- Ride came. The driver said "a dollar fifty." I told him I had only this ten, no change left. He t Markley and e got a lady in ny neck." i I- II was cheap. safe.' It was not should therefore not be good enough. The judicial system leaves far too much room for the hearing officer's personal discretion. Justice would not necessarily be served. That kind of leeway should not be allowed to exist. The proposed judicial system is am- biguous, provides the hearing officer with too much power to influence the proceedings, and allows for pronoun- cements of guilt that would not be ac- cepted by the courts. The individual's rights would be sacrificed to the University's desire for expediency. Some of the more frightening provisions of the code are those which would stifle dissent. The University has included in the code an article making it punishable to "intentionally and significantly interfere with a normal University or University sponsored ac- tivity." The terms "intentionally" and "significantly" are far too ambiguous and could be used to crack down on meaningful protest. It is our belief that the right and ability to protest should not be hin- dered. Protest is a meaningful and desirable aspect of life on this campus and sit-ins and diag demonstrations are not real obstructions of University activity regardless of whether they are intentional or significant. The Univer- sity argues that this provision is peripheral and not likely to be used. But why does it exist if it isn't going to be enforced? The University feels it has to crack down on "'misbehavior"~-as evidenced by the entire code-so there is no reason to believe that the University would not use the provision. If it is enforced it could be used to stifle legitimate protest. Other weaknesses of the code include its placing of the student in a kind of double jeopardy-a plaintiff could be tried and punished by two different courts-and that it applies only to students ; not to faculty, staff, or the administration itself. If the ad- ministration sees the code as so impor- tant, why is it not extended to include all members of the University com- munity? Most disturbing, however, is the power given the administration to amend the code. In order to approve new articles, all that is required of the University is that it listen to the "ad- vice" of MSA and the faculty senate. In other words, once the code passes, the administration can add whatever else it wants without any student or faculty approval. This must be remembered throughout any negotiations that might take place in- volving the code: anything that is gained now may be taken away once the University gets the code passed. The University is moving to extend its power over students at the expense P _ -- l --na-1 _nr- - -- 2 --l - - dress. He sighed, turned on his radio and told the dispatcher our location. He scribbled something on his clipboard. He started the cab. Instead of heading straight down Catherine, the quickest route to my apartment, he began turning left. "It's quickest if you just head down Catherine." "I KNOW where I'm going!" he shouted. "It's the most direct route." I said, won- dering where in the world he was driving. "I know where I'm going!" he snarled, now turning left again. "WHERE are you going?" I asked. "What do you think this is, a cab or something? This is a Nite-Ride, for God's sake." "Please tell me where you are going." I said firmly. "You haven't answered my question!" he shouted. "What did you think this was? A cab or something? This is a Nite-Ride." "I'm not familiar with this service. I think it would be courteous for you to tell me where you are driving." "To Markley. And I think it would be only courteous of you to tell me-what did you think this was-a cab or something?" I DIDN'T answer. He drove to Markley and 'The primary function of Nite-Ride is to provide cheap, safe, relatively ef- ficient transportation for women in the University community. . . . My ex- perience with Nite-Ride THE DRIVER turned to me and said "Yod must have had a bad day today." I didn't an"E swer. "Either that" he said "or you've got some kind of a bad attitude." I didn't answer" We waited at Markley for about five minutes. He spoke to his dispatcher who gave him the okay to "take that girl from Taubmai wherever." He drove on to Catherine, accelerating before each stop sign and red light. He finally drove down my street. I explained to hii where I lived. He drove past my building, to the opposite side of the street, and stopped. y "You've driven past my building. It's baee there," I said, pointing up a half-block. He: laughed. "Wherever," he said. I could not take my money back. And a contr frontation would not have improved the situation. In my exasperation and anger,;r± walked out of the cab, leaving its back door? open. As I ran the half-block in the darkness; the driver shouted his last word to me, "Bit, ch t The primary function of Nite-Ride is to provide cheap, safe, relatively efficient tra.; sportation for women in the University con , munity. Nite-Ride is a service for those who, cannot afford to own a car. My experience, with Nite-Ride was cheap. It was not safe(, The service was thoroughly inefficient; it took Nite-Ride forty-five minutes to transport me five blocks. In addition, both dispatchr and driver responded antagonistically, if n&', hostilely, to my inquiries. 1 I would not be comfortable using this ser vice again. As a student at this UniversityP_ have to now concern myself not only with walking home from the library, but withwmy comfort and safety on Nite-Ride as well. It is hard sometimes, being a woman. Salerno is an LSA senior. .. , PREPARINGT o F FERRARO eBur viNWK yoO , o& N oEb ji/ 4o li 1 / I j' II- S,M 0 ,'1 ' iI 11 -I 0 m . _ . . i ., t r 's s 1 \ s. ... _ , , --.._.- ow LETTERS TO THE DAILY Daily insensitive to alcohol problem& To the Daily: The front page of the Daily on October 5 showed a picture of smiling women atop a fraternity house.tThe caption:"Sororities compete in beer chugging and other contests to benefit the special olympics." A number of questions come to mind. Out of all the contests and events for "Derby Days," why did the Daily choose only "beer-chugging" to advertise? Surely there were nthcr entp-k of interest? And stereotype of the Greek system that is increasingly out-dated. It also shows a lack of sensitivity for the 10 percent (or more) of the population who are alchoholics, the many students who come from families where alcohol abuse is a serious problem, and the too many students who are struggling with alcohol problems in an environment that is all too BLOOM COUNTY often unsympathetic to those who choose not to drink. I would like to ask the following additional questions: for the sponsoring fraternity of Sigma Chi - why was that event necessary for a good time? To the women participating - are you satisfied with the image that gives of women in sororities?To the Panhellenic Council - I hope that you continue your, educational efforts, they are badly needed. And to thel Michigan Daily, perhaps you would consider an educational program for your staff: there are many resources on campus who would be glad to assist you. -Susan Gold October 9 by Berke Breathed: "YOU'RE" 9R' fOINr6 "/bVP? I 50 7W CANPIt7 _ i ~- F 7 ' 5-