The Michigan Daily - Thursday, September 8, 1988 - Page3 ISSUES 1Y STEVE KNOPPER The University now has a system to punish students who commit dis- iriminatory acts. But students and officials are still at odds over how the policy will af- 1 u fect the campus. Some, such as ©SA junior Zach Kittrie, chair of the Michigan Student Assembly's Exter- nal Relations Committee, say the policy may pre- ,ent students from speaking out on issues. "It does add to a chilling en- rironment on campus," he said. "It deters individuals from speaking as freely as they would like to." 7 OTHERS, uch as Vice Pres- ident for Student 'This is th Services Henry ohnson say the nastiest,] policy gives "some peace of mind to noxious potential victims" posed to d and will serve as a « warning in ad- ing's stat "rance to those who would discriminate discrimin that it is not advi- boldest a (sable to do so." In April, the 'fuck yo University's Board dents in y of Regents closed inother chapter in The debate over a -Law s Lode of non-aca- Schn 'demic conduct, passing an "anti- reading )arassment policy" rassm to deter discrim- ination using aca- {demic sanctions. I Many have argued the anti-ha- rassment policy is not a general rode, since it will only apply to dis- criminatory acts. Student activists, though, say the new policy is .nerely an open door for a more comprehensive code, which could be used to restrict their rights to pro- iest. SINCE THE policy passed -May 1, the University has not re- eived any complaints about harass- ment, Johnson said. In the fall, "we don't look for a deluge (of com- plaints)," he said, "but we do look for a steady stream." For years, student activists main- tained the University cannot set up an effective system to judge stu- =ents' guilt or innocence. The civil Courts, they say, are trained to make $uch decisions and the University Phould not have that power. Many administrators, however, .say the University should have the right to punish students - rights beyond the hardly-used 1973 Rules of the University Community - if they commit crimes or discrimina- tory acts on campus. NEW PRESIDENT James Duderstadt, who oversaw the College Of Engineering's honor code as dean of that school, said he supports the policy, adding that the University should continue trying to improve students' moral behavior outside the classroom. Code proponents are quick to point out that other colleges across the country, including the rest of the Big Ten schools, have general be- havior rules. For example, the University of. Wisconsin and Northwestern Unive- rsity have rules that prohibit block- ing buildings - which could include sit-ins and other forms of protest. Michigan State University's policy includes a rule against entering or staying in a university building after the university closes. Most universities have a judiciary board to prescribe punishments for specific behavior, punishments that range from informal reprimand to expulsion or suspension. Most uni- versity codes, however, do not spe- cifically apply to discriminatory be- havior. was not a code because it dealt specifically with discrimination. Though members had reservations about the proposal, they affirmed support for a general policy against discrimination. BSU Vice President Stephan Tibbs did say the policy had "too many stop gaps. There are too many ways it can be altered." But, he ad- ded, "we do not feel students are free to pass out fliers and literature that advocate hunting of Black people." . UCAR released a statement say- ing the University needs a policy "because the pervasive and deep- seeded problem of institutional ra- cism is still very much a reality in our society." Though the UCAR e vaguest, most ob- code pro- ate. Flem- ement on ation is the nd loudest u' to stu- ears.' tudent Eric aufer, after the anti-ha- tent policy. thority to write WHEN Uni- versity officials first discussed the need for a stronger code in 1980, they modeled proposals after a new Uni- versity of Maryland policy. But stu- dents consistently resisted such a code. The code debate dragged on, espe- cially within the University Coun- cil, a nine-member panel of students, faculty, .and ad- ministrators who discussed rules for non-academic con- duct. Though for- mer President Har- old Shapiro gave the council au- a code in 1984; its student members would not accept any guidelines for student behavior. But last year, after a series of racist attacks on campus, including offensive jokes aired on WJJX cam- pus radio and a deluge of fliers threatening minorities, students pro- tested vehemently. The administra- tion did nothing to combat such be- havior, many said. In fact, members of the third Black Action Movement demanded in 1987 that students who commit racial acts be suspended or expelled. ENTER INTERIM University President Robben Fleming in Jan- uary 1988. Fleming, who later called the council process "a total failure," stunned the University by releasing his own code draft to punish students for harassment and discrimination only six days after assuming office. Fleming's proposal enraged anti- code activists, many of whom said he was ignoring the council process, rather than trying to improve it. "This is the vaguest, nastiest, most obnoxious code proposed to date," law student Eric Schnaufer said after reading the draft. "Flem- ing's statement on discrimination is the boldest and loudest 'fuck you' to students in years." Though many praised Fleming's initial document as the "first step" toward combatting racist incidents on campus, others said it limited students' rights to free speech. Some argued, for example, that racist re- marks - no matter how disgusting - are protected under the First Amendment. SUCH CRITICISM led Fleming, shortly after spring break, to release a revised version of his draft. While the first draft set vague guidelines and hearing procedures, the second was more specific. Under the second draft, students are subject to punishment for "any behavior, verbal or physical, which stigmatizes or victimizes an individ- ual on the basis of race, ethnicity, religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handicap or Vietnam veteran status." The document called for a hearing panel of four students and a faculty member to review harassment com- plaints and punish guilty students. Punishments, the document said, would range from a formal reprimand to suspension or expulsion. The revised version received more support. One week after its release, the faculty's Senate Advisory Com- mittee on University Affairs said it favored the new document. SACUA qualified its support, however, by demanding that similar procedures be set up for faculty and staff. A COMMITTEE of faculty and staff members submitted such procedures for discussion in June. The proposed policy is similar to the student one, and incorporates grievance procedures the faculty has used for years. But not everyone was happy with the new proposal. The American Civil Liberties Union, which main- tains there should be no restrictions on free speech, consistently opposed the policy. Jean King, chair of the ACLU's Washtenaw County branch, said "Some awful things have been hap- pening on campus." But she argued that under Fleming's policy even criticisms of affirmative action could be interpreted as racist speech. "The University set up its own judicial system as if it doesn't even belong to the country," said King, adding that the policy's due process is inadequate. Education, she said, is a more effective way to combat racism. AFTER TWO weeks of com- munity debate and several revisions on the student document, Fleming proposed it to the regents for ap- proval. During the week before the regents' monthly meeting, student groups including the Black Law Student Alliance came up with de- tailed critiques of Fleming's policy. BLSA gave a five-page statement on the policy to the regents, saying the groups supported an anti-harass- ment policy. "We recognize that the University agreed last year to im- plement such a policy during its ne- gotiations with the Black Action Movement III and the United Coali- tion Against Racism," the statement said. "Students feel uncomfortable walking to the library at night," the statement said. "The discomfort of students of color creates a situation which prevents us from using our energies to study and learn. Instead our minds are distracted by behaviors and actions designed to intimidate and harass us." MEMBERS OF the Black Student Union said Fleming's policy statement said the not "a fair, com- prehensive and eq- uitable racial ha- rassment policy," it also said the document was not a code. THESE AND other campus groups met in gru- eling, all-night sessions to discuss their opposition to Fleming's policy, believing that a "unified front" was the most effective way to lobby the regents against Fleming's pro- posal. "Either we have a unified front, or policy was 'We recog the Univer last year plement su icy during gotiations Black Movemen the United Against R Black dent Alli ment on1 we faction off and have Fleming's proposal shoved down out throats," said recent LSA graduate David Newblatt, former co-chair of the University Council. The groups came up with one statement after three nights of meet- ings, calling Fleming's proposal an "inadequate response" to racism on campus. After that, the meetings - which were closed to reporters - reportedly broke up.. MSA released its own statement to the regents, demanding that any policy go through the University Council, that the student body vote thing," she said. "I have six kids' and I would never have done that (passed such a policy) to my chil4 dren." The anti-harassment policy has gone through several revisions sinc the first regents' meeting. In Aprit Johnson said his office would not hire an administrator for the policy until fall. Meanwhile, ad hoc com- mittees planned to handle any com- plaints. As for this year - if anc when cases come up - the Univer. sity will finally learn how effectivet threatening, or oppressive its polic will be. And so will students. on it, and that students and worker oversee any policy on racial harass': ment. MSA ALSO requested more, time, because Fleming released his; revised policy only two weeks before: the regents' meeting. The regepts- denied the request, instead giving the; University a month to make more; suggestions on improving the polt= icy. The next month, the regentU passed the document - by a 5-2 vote - with only small wording. changes. During the emotional meeting, Regent Paul Brown (D-Petoskey- said the policy was "one step...,tq create a better climate on this camp pus." Regent Veroni Smith (R-Grosse, Ile), however, ve-. ;nize that hemently opposed" sity agreed the proposal, cal; ling it "vague..;, to im- This is a form of; censorship. We are; ich a pol- saying to students g its ne- that this is how they're going tq with the behave. We're ink; A c t i o n stilling fear in then. minds that they, It III and can't speak theiv' I Coalition being accused o, acism.' harassment." .acisml.' DURING A: recent interview, { Law Stu- Smith said shy continues to object iance state- to the policy: the policy. "Anything that red presses free speecl( is not a gooq REACH FOR A DAILY AND REACH FOR IT ALL! * News * Sports * Bloom County * Classified * " Arts * Coupons * Specials * Opinion " * Entertainment * The List * Etc. * A Campus Tradition ;\2 U, \ . 4 Uq FALL 1988 ENGLISH COMPOSITION BOARD WRITING WORKSHOP 1025 ANGELL HALL Attention: LS&A Students All Students Enrolled in LS&A Classes Free assistance is available for students who want to improve their writing skills or who need help with academic College clothing styles have changed but college lifestyles haven't. 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