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, 6 SOLUTIONS TO YOUR PROBLEM Use these numbers to call the Michigan Daily 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. Can we serve you? Billing .... Circulation Classif ied. Display .. News'..... Sports .... . .. . .. . .. . . . .. . . 764-0550 764-0558 764-0557 764 -0554 764-0552 764-0562 IN BRIEF COMPILED FROM ASSOCIATED PRESS AND UNITED PRESS INTERNATIONAL REPORTS 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 - $10.00in town; $20.00out of town. The Michigan Daily is a member of The Associated Press and Sub- scribes to United Press International, Pacific News Service, Los Angeles Times Syndicate, and College Press Service. 4 0 ccb igttn :43 a t"",l Daily News-764-0552 Daily Sports-764-0562 Daily Classified-764-0557 Daily Display-764-0554 Daily Circulation-764-0558 } , -Round trip. Anywhere we go. Editor in Chief ..................NEIL CHASE Opinion Page Editors...........JODY BECKER JOSEPH KRAUS Managing Editors ....... GEORGEA KOVANIS JACKIE YOUNG News Editor..............THOMAS MILLER Features Editor............LAURIE DELATER City Editor ............... ANDREW ERIKSEN Personnel Editor............TRACEY MILLER NEWS STAFF: Eve Becker, Melissa Birks, Laura Bischoff, Rebecca Blumenstein, Joanne Cannella, Philip Chidel, Dov Cohen, Kysa Connett, Tim Daly, Nancy Driscoll, Rob Earle, Rachel Gottlieb, Stephen Gregory, Linda Holler, Mary Chris Jakelevic, Vibeke Laroi, Michael Lustig, Jerry Markon, Eric Mattson, Amy Mindell, Kery Mura- kami, Jill Oserowsky, Joe Pigott, Christy Riedel, Michael Sherman, Jennifer Smith, Jeff Widman. Cheryl Wistrom. Associate Opinion Page Editor .. KAREN KLEIN OPINION PAGE STAFF: Gayle Kirshenbaum, David Lewis, Henry Park, Peter Mooney, Susanne Skubik Chief Photographer .............DAN HABIB PHOTO STAFF: Jae Kim, Scott Lituchy, John Munson, Matt Petrie, Dean Randazzo, Andi Schreiber, Darrian Smith. Sports Editor ................. TOM KEANEY Associate Sports Editors ..........JOE EWING BARB McQUADE, ADAM MARTIN, PHIL NUSSEL, STEVE WISE SPORTS STAFF: Dave Aretha, Mark Borowsky, Debbie deFrances, Liam Flaherty, Steve Green- baum, Rachel Goldman, Jon Hartmann, Darren Jasey, Phil Johnson, Rick Kaplan, Christian Mar- tin, Scott Miller, Greg Molzon, Brad Morgan, Jerry Muth, Adam Ochlis, Chris Parker, Mike Redstone, Duane Roose, Jeff Rush, Scott Shaffer, Pete Steinert, Douglas Volan. Business Manager.........DAWN WILLACKER Sales Manager...........MARY ANNE HOGAN Assistant Sales Manager.............YUNA LEE Marketing Manager ......... CYNTHIA NIXON Finance Manager............ DAVID JELINEK Classified Manager. GAYLA BROCKMAN DISPLAY SALES: Lori Baron, Sheryl Biesman, This Spring Break, if you and your friends are thinking about heading to the slopes, the then be good for travel for 15 days from the date of purchase.