Page 2 - The Michigan Daily - Tuesday, January 14, 1986
Council's efforts reflect compromises on code
(Continued from Page 1)
against the risk."
HARTMAN said the council felt the
student should not be forced to suffer
academically - at least not until the
University has proven their guilt. The
student should not be forced to miss
classes unless absolutely necessary,
she said, and if so, he should be
allowed to make up any they might
miss.
She said recently the council is
working under an atmosphere of
suspicion from students, "so we're
going to have to be especially careful
about bending over backwards to
protect rights."
Along those lines, the council has
set up an appeal process for the
student before the hearing. Previous
code drafts gave the accused no op-
portunity to appeal the coordinator's
decision.
THE APPEAL, however, would not
determine the guilt or innocence of
the accused, said Susan Eklund,
associate dean of the law school and
one of three administrators on the
council. The appeal would only decice
if the coordinator's sanction was too
severe. "We're not going to deal with
questions like who hit who first,"
Eklund said.
Those questions would be answered
in the hearing. Details of a hearing,
however, still have to be worked out
by the panel.
For example, who would decide the
guilt or innocence of the accused?
This is one of the most controversial
issues of previous drafts of the code.
Administrators had conceded to an
all-student hearing board in their last
proposal two Novembers ago. Studen-
ts had protested earlier drafts which
called for boards comprised of
students, facultymembers, and ad-
ministrators.
The last administration draft,
however, gave the board jurisdiction
only over crimes that might lead to
suspensions or expulsion. Lesser
crimes, which make up most of the of-
fenses on campus, would be decided
by a faculty member or administrator
serving as the hearing officer.
THE COUNCIL has yet to begin
debating the issue.
Another question that also must be
decided is the kinds of sanctions the
hearing could levy.rEarlier drafts
gave the board power to suspend or
expel a student. But Suzanne Cohen, a
law student and co-chair of the coun-
cil, has said she favors a 14-week time
limit for any punishment.
Cohen, though, conceded that
University administrators would
probably push for the power to expel.
One rationale for the code, in fact, is
that the University has had problems
removing dangerous students from
campus under the current rules.
ONE ISSUE that has been decided
is the University's jurisdiction. Ac-
cording to the council, the University
would only be able to take action if the
crime takes place on campus or if a
student, faculty, or administrator is
acting within their University roles
off campus.
For example, the University would
have jurisdiction if a student attacks
his professor at a seminar in the
professor's home, but not if they were
at a party.
"The council just felt that the
University should stay out of the per-
sonal lives of people," Cohen said.
Previous code proposals were
similar to the council's thinking, the
only difference being that the council
would exclude crimes in fraternity or
sorority houses and co-operatives.
AFTER SOME debate, Cohen said
councilmembers felt Greek housing
and co-ops were none of the Univer-
sity's business because they are
owned by the residents. "There isn't
that much of a difference between
these kinds of homes and regular
private housing off campus," Cohen
said.
Last week, the council set a goal of
finishing these "emergency
procedures" by the end of the month.
But by noameans is the council near
finishing all of its work. After the
emergency procedures, councilmem-
bers still will have to deal with the
brunt of any code of conduct and the
most controversial issues of the
debate.
The emergency procedures, in fact,
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were tackled first, councilmembers
said, because it was the least divisive
issue among the council.
As for non-violent crimes, ranging
from theft to vandalism, coun-
cilmembers have reached a consen-
sus to leave the actual rule-making to
individual units of the Univerity. For
example, dormitories, libraries, and
athletic facilities would each be
responsible for coming up with their
own set of rules.
THE COUNCIL, instead, would
form "meta-rules," or "rules for
rules" for the individual units. One
meta-rule would probably be the right
to due process, Hartman said.
The council would also serve as the
University's supreme court, where
anyone could appeal the fairness of a
unit's rule.
Hartman denied that the council
was merely "passing the buck" to the
units, saying there is no way the coun-
cil could determine all. the specific
needs of the units. "They know better
than we do what they need," Hartman
said.
ONE CONCERN raised by Dan
Sharphorn, assistant to the vice
president for academic affairs and
legal aide to the council, is a state law
which says that rules within a com-
munity must be equal. Cohen, though,
said the rules would be equal because
the "rules for rules" would be the
same for all the units.
Having each unit make up its own
rules, however, would further delay
the formation of a new code.
Still another question the council
must deal with, is the most controver-
sial issue of the debate. Should the
Univeristy be able to punish student
protesters?
Councilmembers have shied away
from discussing the issue until they've
talked about it within the council first.
Students have said they believe it's
dangerous to give the University
power to punish students protesting
its policies. Eric Schnaufer, a law
student and a former member of the
council, has said the University could
expel activist students, but more
likely, use the threat of expulsion or
suspension to deter students from
becoming involved.
Administrators have claimed the
University should be able to act
against such disruptions as a
laboratory sit-in, Schnaufer says they
could call the police. Recent campus
protests of the Central Intelligence
Agency and the "Today" show,
however, have brought charges of
police brutality from the protesters.
Divisive issues as this could keep
the council from finishing its mid-
March goal, but a more important
question is whether the University
decision-makers are willing to wait
even that long.
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Officials discuss U.S. MIAs
WASHINGTON - As four lawmakers left today on their own investigation
into the fate of U.S. servicemen missing in Vietnam, a high Reagan ad-
ministration official raised the possibility that 100 or so Americans may
have been spotted there over the last decade.
Assistant Secretary of State Paul Wolfowitz, interviewed on the NBC-
TV "Today" show said:
"We've had over 800 reports of live Americans in Vietnam in the last 10
years. We've checked out a lot of them.... There are roughly 100 that we
believe hold up under the best scrutiny we can put to them."
Meanwhile, Assistant Defense Secretary Richard Armitage, who led a
U.S. delegation that met with the Vietnamese last week over the issue of
Americans still listed as missing in action, said on ABC-TV's "Good
Morning America" that the administration "acts under the assumption
that at least some Americans are being held against their will in In-
dochina.... There may indeed be some Americans held against will."
Last Tuesday, however, Armitage said that the United States had no
proof that any Americans remained alive in Vietnam a decade after the
Vietnam War ended.
Court to decide on benefits
for pregnant workers
WASHINGTON - The Supreme Court, in a key case for American business,
yesterday agreed to decide whether states may require employers to
provide special fringe benefits for pregnant workers.
The justices will study a challenge to a California law requiring em-
ployers to grant leaves of absence to pregnant workers who request them
- even if leaves are not granted for any other cause.
The law is being attacked as illegal sex discrimination against men and
non-pregnant women.
The 1978 California law was challenged by the California Federal
Savings and Loan Association and other employers whose leave policy
did not meet the state law's requirements.
The law says employers must provide up to four months pregnancy
leave and must reinstate the employee in the same job unless "business
necessity" makes that impossible.
U.S. cautious on incident
WASHINGTON - The United States acknowledged yesterday that Iran
may have acted within traditional naval warfare rules in stopping and
searching an American merchant ship near the Persian Gulf to deter
mine if it was carrying arms for Iraq.
A final judgment on how to respond to the incident was withheld until
the American ambassador to the United Arab Emirates completes his
questioning of the captain of the President Taylor, and other facts are
assessed. State Department spokesman Bernard Kalb said.
Kalb's statement seemed to represent an effort by the Reagan ad-
ministration to avoid a flareup with the fundamentalism Moslem regime
in Tehran, which is listed by the department as a supporter of terrorism.
Asked what the United States intended to do about the incident, Kalb
said "we are evaluating our options." He declined to elaborate.
However, the spokesman did say in a statement that a belligerent
nation traditionally has "certain rights" under the rules of naval war-
fare, to find out whether neutral shipping is being used to provide con-
traband to its enemy.
Astronauts study comet
CAPE CANAVERAL, Fla. - Columbia's astronauts are taking advantage of
the best seats ever for viewing Halley's comet, and will be using the Ear-
th to block out the sun for a better view of the speeding chunk of ice and
space debris.
Viewing the comet and seeking sources of ultraviolet radiation among
the stars were the major experiments on a schedule devoted mainly to
astronomy on the astronaut's first full day in space.
George Nelson and Steve Hawley, both astrophysicists, will operate the
astronomy experiments, and will have an exclusive view of the comet as
it nears the sun on its once-every-76-years swing through this part of the
solar system.
Columbia shed its postponement jinx with a spectacular predawn liftoff
Sunday, and 9 hours later the crew launched the world's most powerful
commercial communications satellite, RCA's $50 million Satcom KU-1.
The astronauts had waited out seven delays in 25 days.
RCA, which paid the National Aeronautics and Space Administration
$14.2 million for the delivery, said Satcom will be capable of providing a
video and audio communications for all of the United States except
Alaska, transmitting a signal powerful enough to be received by disk an-
tennas as small as three feet.
Guatemalan president-elect
pledges end to military rule
GUATEMALA CITY - President-elect Vinicio Cerezo, an outspoken critic of
the powerful army, will take office today amid high expectations his
government will bring change to Guatemala after 31 years of severe
military rule.
Cerezo, 43, a moderate Christian Democrat, won a landslide runoff
election Dec. 8 after boldly campaigning against army and police
repression and calling for higher living standards for the country's poor
majority.
Cerezo promised to abolish a secret police force, known by its Spanish
acronym, DIT, and to end killings conducted by security forces: He also
promised after his inauguration to raise taxes for the healthy.
"You've got to give him a chance," said a secretary employed by the
government.
But Cerezo acknowledged change will come slowly after 31 years of
rightist military-dominated rule, and some doubt his ability to push
through the sweeping reforms needed in Guatemala.
.-She Michigan D aui
Vol XCVI -No. 73
The Michigan Daily (ISSN 0745-967 X) is published Monday through
Friday during the Fall and Winter terms. Subscription rates: September
through April - $18.00 in Ann Arbor; $35.00 outside the city. One term -
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