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Page 2 - The Michigan Daily - Thursday, October 18, 1984
Courts may settle code dispute
IN BRIEF 1
(Continued from Page 1)
the code should be passed, but he noted
that as it stands now, it may be difficult
for the code to produce fair results.
'IF YOU HAVEN'T got rules of
evidence ... it just doesn't seem that a.
board or a committee could resolve
anything equitably," he said.
Another difference between the code
and civil procedures is the role of attor-
neys. Under, the criminal system,
everyone has a right to a lawyer - if
they can't afford one, the court appoints
an attorney to defend them.
Under the code, however, an attorney
can be restricted to merely advising his
client at the discretion of the hearing of-
ficer.
OPPONENTS OF the code say this
infringes on the rights of students,
while administrators claim that
lawyers would only slow down the
judicial process without making it more
equitable.
Students and administrators are also
split over who should determine a
student's guilt or innocence. In the vast
majority of cases that would be handled
under the code, a single hearing officer
would decide the outcome of the case.
In cases involving more serious offen-
ses, a panel consisting of two students,
two faculty members, and a staff
member would arrive at a decision.
Some students have said that the
panel should consist solely of students,
but ironically, some administrators
have said that student disciplinary
panels have a reputation for being
rougher on their peers than their
faculty counterparts.
ONLY THE courts can decide for
sure whether the code provides
adequate due process, but recent court
decisions seem to indicate that -
although the code doesn't provide as
much due process as the criminal
system - it does give students a fair
chance to defend themselves.
Virginia Nordby, a legal advisor to
the University who was involved in
developing the code, noted the am-
biguities surrounding how much due
process the courts require for a code of
conduct. "There is not a clear-cut an-
swer to the disarmingly simple
question: What kind of procedure does
WOMEN AND SOCIAL CHANGE
[A Luncheon Series]
October 12: Susan Kaufmann,
Director, Assault Crisis Center
AT NOON
GUILD HOUSE, 802 Monroe
Program is sponsored by Guild House Campus Ministry and funded in part by
Michigan Commission/United Ministries in Higher Education.
[Homemade soup and sandwich available for $1.001
the concept of due process require?"
she wrote in a 1977 report.
Nordby listed four fundamental
criteria which the courts have deter-
mined must be met in any code of con-
duct: notice of the complaint and the
facts which support it; a reasonably
expedient trial; a hearing to give the
student a chance to respond to the
charges; and an impartial decision
maker.
THE PROPOSED code fulfills these
minimum requirements, ad-
ministrators say, and recent court ac-
tion indicates that a code of conduct is
appropriate in a university community.
An article in "College Students and
the Courts " suggested that "in the field
of discipline, scholastic and behavioral,
an institution may establish any stan-
dards reasonably relevant to the lawful
missions, processes; and functions of
the institution."
The article added, however, that
many education experts have warned
that very complex codes should not be
used.
THE TYPE OF sanctions which may
be imposed on the student is another
key difference between the code and
criminal proceedings.
Administrators say that students
would be better off under the code than
under the civil system, since the most
serious punishment under the code is
expulsion from the University, while
sanctions under the criminal system
include heavy fines or imprisonment.
William Delhey, Washtenaw County
prosecuting attorney, noted that this
difference could work both for and
against students, depending on the
situation.
"YOU'D RATHER do three weeken-
ds in the county jail, I would assume,
than be kicked out of the University of
Michigan," Delhey said. On the other
hand, Delhey pointed out that the code
could actually benefit students by
keeping them out of court.
"Probably the biggest value is (the
code) keeps you from a criminal
record," he said. "We scar you with a
criminal record."
The sanctions which a hearing officer
or a hearing panel can impose range
from a reprimand or restitution to ex-
pulsion. There is also a clause which
gives the panel authority to impose
"other sanctions appropriate to the
situation." Some students argue that
this gives the administration too much
leeway in deciding what to impose on
an offending student.
YET ANOTHER distinguishing
feature of the code is that it relies
minimally on the civil authorities. A
student who strikes another student, for
example, could be reprimanded by the
code without ever talking to a police of-
ficer, an attorney, or a judge.
Students claim that almost
everything covered under the code -
assault, theft, arson, and the like - can
be resolved through the courts. Ad-
ministrators say the University's
system would be quicker and that the
civil authorities would not have to deal
with petty student grievances.
George Sallade, a Democrat running
for prosecuting attorney, sided with the
students' position. "It would seem to
me that a lot of material in it is already
covered," he said. "In that sense, no
code is necessary at all . . . to me the
code is strictly superfluous."
Jachalke said that students who have
been attacked or robbed often call the
police, but he added that "if someone
requests action from the civil
authorities, we're going to respond to
it.''
Some observers feel that the ad-
ministration is unsatisfied with how
much attention from the civil
authorities the University receives, but
none have publicly given this as a
justification for the code.
Delhey said the prosecuting attor-
ney's office has to look into every
request someone makes to prosecute;
it's just a question of how quickly it will
happen.
Compiled from Associated Press and
United Press International reports
Factory use down, housing up
WASHINGTON-The nation's factory use dropped in September for the
second straight month, marking the first back-to-back declines since the last
recession, the government said yesterday.
The decline in the industrial operating rate to 81.9 percent of capacity was
taken by many economists as a sign that the recovery is slowing but not fiz-
zling out. Many cited recent declines in interest rates to bolster their view
that growth will soon pick up.
Roger Brinner, chief U.S. forecaster for Data Resources Inc., said the
slowdown in factory utilization resulted from an unwanted growth in
business inventories as consumer demand slackened this summer. The
rebound in retail sales in September should help spur increased production,
he said.
"I don't believe the economy has run into a wall," he said. "With the con-
sumer still spending, I believe factory production will be up nicely in Oc-
tober, November and December."
Indeed, the government also reported that new housing construction ad-
vanced in September after declining for two months. Housing starts were
put at an annual rate of 1.68 million units, up 8.9 percent from the August
level.
Canada GM strike hurts U.S.
TORONTO-About 36,000 auto workers struck all nine General Motors
plants in Canada yesterday in a walkout that threatens to quickly force
layoffs at GM plants in the United States as parts supplies dwindle.
Robert White, United Auto Workers union director for Canada, said there
was no reason to hope for an early settlement. He said negotiations with
General Motors of Canada LTD. would continue, at least for the next few
days.
White said the company was offering a "rubber-stamp" copy of the contract
agreed to by GM's U.S. workers, which he said was not good enough for the
Canadian workers.
Rod Andrew, chief GM negotiator, said the company's U.S. operations
would be affected within days. He said a wide gap separates the two sides.
GM officials in Canada and the United States declined to provide details of
the effects, but several of the Canadian plants supply components to GM
assembly plants in the United States, and GM's just-in-time inventory
system has eliminated stockpiles of many parts.
Defense witnesses scold CBS
NEW YORK-The head of the South Vietnam pacification program at the
height of the Vietnam War yesterday testified at Gen. William West
moreland's Libel trial against CBS there was no conspiracy to distort enemy
troop count.
Robert Komer was sent to Saigon in May 1967 to run the program as an
ambassador operating under Westmoreland. The general is suing CBS for
$120 million over a 1982 documentary that accused him of lying about the
strength of the enemy in South Vietnam.
Walt Rostow, President Johnson's national security adviser, Tuesday
denied Westmoreland had been politically pressured into lowering enemy
troop strength to bring "good news" to Johnson and gain 200,000 more U.S.
troops in order to finish the war three years earlier than had been forecast.
The troop count, or order of battle, is a crucial issue in the landmark libel
trial because of the accusations made in the CBS documentary "The Un-
counted Enemy: A Vietnam Deception."
School kids fail fitness exam
NEW YORK-Only 36 percent of school kids passed fitness tests the
Amateur Athletic Union set up as achievable by average youngsters, a sur-
vey report said yesterday.
The rest, about two out of every three, were not able to come up to the AAU
standards set for their sex and age in bent-knee situps, modified pushups, st-
anding long jumps, pullups and sprints.
'"In view of these test scores, you would have to say that the levels of fit-
ness of American youth are somewhat below those most experts would
regard as desireable," said Dr. Wynn Upkyke, author of the report, the tests
were taken by more than 4 million kids, 6 through 17, in more than 17,000
schools in 1983 and 1984.
Updyke, associate dean for graduate studies at Indiana University's
School of Health, Physical Education and Recreation, said the 36 percent
who met standards during the past year marked a drop from the 43 percent
who achieved them in tests given 1979 through 1982.
Calif. man may have killed six
N'
I
POLICE
NOTES
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Two break-ins reported
A break-in occurred in the 500 block of
Walnut Street at 4:30 a.m. Tuesday,
Ann Arbor Police Sgt. Jan Suomala
said.
The trespasser gained entry through
an unlocked door, but fled empty han-
ded after being discovered by the
resident, Suomala said.
Later Tuesday, a residence in the
1100 block of South Forest was ran-
sacked, Suomala said. The break-in
occurred between 7:15 a.m. and 6 p.m.
The intruder forced open the door of
the residence to gain entry, but left
without stealing anything, Suomala
said.
-Molly Melby
I'
Li
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SAN JOSE, Calif.-His neighbors knew him as someone who would help fix
a window or take out the trash. But in his neat apartment, Fernando Cota
kept a dungeon-like cell, and police said yesterday he may have killed six
women before he killed himself after being pulled over on a highway with a
dead body in his van.
Cota, 38, was driving on Highway 101 Sunday night when California High-
way Patrol officers stopped him for driving erratically.
When they asked to look inside his van, which had tinted windows, Cota
yelled, "I'm a very sick man. Kill me." Then he shot himself in the temple
with a .22-caliber pistol.
Inside the van, officers found the body of 21-year-old Kim Dunham, a
Milpitas woman missing for two days. She had been strangled and her hands
were tied.
Police learned that Cota had been released last year from a Texas prison
after serving eight years of a 20-year sentence for rape.
In Cota's apartment, officers discovered a 3-by-2%-foot cell outfitted with
leg shackles and handcuffs and a peephole so that prisoners could be wat-
ched unknowingly.
Also found were blouses, six pairs of shoes and various other articles of
women's clothing that police were checking for links to six San Jose area
slayings in recent weeks.
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0 be fuirliigan BMi
Vol. XCV - No: 37
The Michigan Daily (ISSN 0745-967X) is published Tuesday through Sunday
during the Fall and Winter terms and Tuesday through Saturday during the
Spring and Summer terms by students at the University of Michigan. Sub-
scription rates: September through April - $16.50 in Ann Arbor; $29.00
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The Michigan Daily is a member of the Associated Press and subscribes to
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cate and'College Press Service, and United Students Press Service.
Editor in chief . . . . BILL SPINDLE
Managing Editors. ........ CHERYL BAACKE
NEIL CHASE
Associate News Editors ............ LAURIE DELATER
GEORGEA KOVANIS
THOMAS MILLER
Personnel Editor .......................SUE BARTO
Opinion Page Editors ................. JAMES BOYD
JACKIE YOUNG
NEWS STAFF: Laura Bischoff, Dov Cohen, Stephanie
DeGroote, Lily Eng, Marcy Fleischer, Bob Gordon,
Rachel Gottlieb, Thomas Hrach, Gregory Hutton, Sean
Jackson, Carrie Levine, Jerry Markon, Eric Mattson,
Curtis Maxwell, Tracey Miller, Kery Murakomi, Lisa
Powers, Elizabeth Reiskin, Charles Sewell, Dan
Swanson, Allison Zousmer.
Sports Editor .. . ... . ... .. .. . .. . .. .. MIKE MCGRAW
Associate Sports Editors ............. JEFF BERGIDA,
KATIE BLACKWELL
PAUL HELGREN:
DOUGLAS,8. LEVY
STEVE WISE
SPORTS STAFF: Dave Aretha. Mark Borowski. Joe.
Ewing. Chris Gerbosi. Jim Gindin. Skip Goodman.
Steve Herz, Rick Kaplan. Tom Keoney. Tim Mokinen.
Adom Martin. Scott McKinlay. Barb McQuade, Brad
Morgan. Jerry Muth. Phil Nusset. Mike Redstone.
Scott Solowich. Randy Schwartz, Susan Warner.
Business Manager ............. . . ..STEVEN BLOOM
Advertising Manager .......... MICHAEL MANASTER
Display Manager...................LIZ CARSON
Nationals Manager .................... JOE ORTIZ
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Sales Manager- ............... DEBBIE DIOGWARDt
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