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September 27, 1989 - Image 1

Resource type:
The Michigan Daily, 1989-09-27

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Mubarek plan is a whitewash

"China Song" celebrates unity

Michigan hockey picked third in CCHA

Ue 4iI ganulaily
Ninety-nine years of editorial freedom
Vol. C, No. 15 Ann Arbor, Michigan - Wednesday, September 27, 1989 N p.

by Kristine LaLonde
Daily Administration Reporter






The University did not properly take into
consideration First Amendment issues when
formulating its anti-discrimination policy,
according to a written opinion issued
Monday by Federal District Court Judge
Avern Cohn.
Cohn struck down the University's pol-
icy as unconstitutional Aug. 25 in the case
John Doe v. University of Michigan.
"While the Court is sympathetic to the
University's obligation to ensure equal edu-
cational opportunities for all of its students,
such efforts must not be at the expense of
free speech," he wrote. "Unfortunately, this

was precisely what the University did."
Cohn has said the policy was vague,
overbroad and included protected speech as
"Looking at the plain language of the
Policy, it was simply impossible to discern
any limitation on its scope or any concep-
tual distinction between protected and unpro-
tected conduct," Cohn wrote.
University General Counsel Elsa Cole
said she did not believe the opinion would
affect the interim policy formulated by
University President James Duderstadt two
weeks ago. The interim policy is more nar-
row and specific than the original policy.
The interim policy focuses on the intent

of the accused and only includes attacks on
individuals. The original policy included
sanctions for speech aimed at general groups
such as an entire race, religion or sex.
Cole said she does not believe the interim
policy violates the written opinion.
Cohn outlined the scope of acceptable
regulations on speech, citing dozens of cases
in his 41-page opinion. He cited laws deal-
ing with discrimination in employment,
sexual harassment in the workplace, and so-
called "fighting words" as ways of dealing
with discrimination without violating free
speech rights.
Cole said the document would be a
"useful tool" in the development of a broader

permanent policy.
"I think he was trying to outline where
the limits were," said Cole. "The next ques-
tion is how much can these (specific guide-
lines) be expanded into outlying areas... in
addition to these ways that are already clearly
spelled out."
Cole said extreme care would be used in
the permanent policy's formulation in regard
to First Amendment issues.
Duderstadt, who is out of town, had not
read the policy at press time and was
unavailable for comment.
Judge Cohn referred to the University's
release of an interpretive guide on the policy
as further proof of the policy's vagueness

and unconstitutionality.
The guide described specific examples of
conduct or speech that were punishable under
the policy. It listed as punishable behavior
examples such as: "A male student makes
remarks in class like 'Women just aren't as
good in this field as men...' "
The guide was withdrawn by the
University in the winter of 1989.
Cohn wrote of the withdrawal, "The one
interpretive resource the University provided
was withdrawn as 'inaccurate,' an implicit
admission that even the University itself was
unsure of the precise scope and meaning of
the policy."
See RULING, Page 2

speaks on
BEIJING (AP) - Communist
Party leader Jiang Zemin took a hard
line yesterday at his first news con-
ference, insisting that those arrested
in the spring democracy movement
were criminals and refusing to rule
out more executions.
Asked by a reporter if the
"Tiananmen tragedy" could have
been avoided, Jiang said: "We be-
lieve it was not a tragedy.
Tiananmen was a counterrevolution-
ary rebellion opposing the
Communist Party leaders and seek-
ing to overthrow the socialist sys-
tem," he said.
Premier Li Peng, who also took
part in the news conference, reaf-
firmed the party's determination to
end rampant corruption and said new
limits on official perks would be an-
nounced in a few days.
The 62-year-old Jiang, whose
highest previous post was head of
the Shanghai party committee, was
catapulted into the national leader-
ship in June after soldiers retook
Beijing's Tiananmen Square by force
from student-led pro-democracy
protestors, killing hundreds and pos-
sibly thousands of people en route to
the square.
His predecessor, Zhao Ziyang,
was accused of supporting the
protests and was ousted.
Jiang took a mild tone toward
Zhao yesterday, saying he was lead-
ing a "comfortable life" and receiv-
ing full salary. He said Zhao was
still under investigation but did not
suggest he might face further pun-
ishment or be put on trial.


holds off



three groups
Organizations may not comply
with MSA discrimination rules

Splendor in the grass
Amy Patock, a first-year student, studies on the grass near the Diag. She says she studies there when it's nice
out because it's a quiet place. Is this the same Diag we all know about?
Watch out: Police crack down
on alcohol consumption, noise

by Karen Akerlof
The Michigan Student Assembly,
after more than two hours of debate
last night, decided to hold off on
formally recognizing the Corner-.
stone Christian Fellowship and the
Christian Science Organization.
Many MSA members expressed con-
cern that these groups might not
comply with MSA policies prohibit-
ing discrimination.
CCF was officially derecognized
last year when the Central Student
Judiciary, headed by Chief Justice
Laura Miller, decided CCF's policies
discriminated against gay men and
Campus groups cannot receive
MSA funds unless they are officially
recognized by the assembly.
CCF representative Mike Caulk
told the judiciary last year that no
gay men or lesbians were allowed to
remain as members of the CCF.
MSA requires campus groups to
comply with the following condi-
tion: "No organization may adopt,
maintain, or apply a membership
policy that discriminates on the ba-
sis of sex, sexual preference, race,
color, creed, national origin, ances-
try, or religion."
Because of last year's CSJ ruling,
many MSA representatives voiced
concern that CCF membership poli-
cies might still be discriminatory.
"It is our job to make sure that
they [CCF] have rectified the prob-

lem," said Rackham Rep. Corey
But MSA Vice President Rose
Karadsheh disagreed. "It makes no
sense to me why there are questions
in people's minds again if they
signed a legal document."
The Christian Science Organiza-
tion listed as one of its stipulations
for membership that students be
Christian Scientists. Some MSA
representatives voiced concern that
this could possibly be religious dis-
crimination under MSA's compiled
MSA also delayed the recognition
of the Chicano Graduate Students
Organization due to questions about
the division between it and the So-
cially Active Latino Students Asso-
ciation. MSA Minority Affairs
Committee Chair Delro Harris said
that both groups work out of the
same office and also share a bank ac-
An amendm'ent to MSA's budget
that was on last night's agenda was
not discussed because the meeting
was adjourned at 11 p.m. As of now,
MSA's budget does not allocate any
money to CSJ.
The proposed amendment would
reallocate $1,200 to CSJ from other
committees. The omission from the
original budget was termed an
The amendment is expected to be
approved at next Tuesday's MSA

by Ian Hoffman
Planning a big bash for the
weekend? Watch out for the Ann
Arbor Police.
The police Special Services
Department has been cracking down
this year on loud parties and public
consumption of alcohol, resulting in
fines for both party-givers and party-
During an Arbor Street block
party Sept. 8, police issued noise
violations to three of the six houses

hosting parties. In addition, a num-
ber of the estimated 1,000 students
were fined for consuming alcohol on
sidewalks and in the street.
Such incidents have been occur-
ring regularly since the Special
Services Department began a new
program of sending four teams of
two officers to monitor Ann Arbor
weekend parties. The department in-
tends to continue this plan until the
weather acts as a natural deterrent to
outdoor parties.

"The police have always had the
power to act as the complainant,"
said Capt. Robert Conn, the head of
the Special Services Department.
"(But) because people sometimes
were afraid to object to loud music,
we have had to assume the role of
the bad guy."
"Residents of campus neighbor-
hoods cannot expect to live in abso-
lutely quiet neighborhoods," Conn
added. "However, when pressure is
See POLICE, Page 3

Several 'U' buildings
undergo renovations

by Jennifer Worick
Many students avoid taking classes in older
buildings like East Engineering because they
date from near the turn of the century, have un-
dergone little renovation, and are generally re-
garded as the worst the University has to offer.
"There is this classroom on the first floor
of C.C. Little where not only does the room
reek of mildew odor, but from time to time,
pieces of ceiling plaster fall down in small
chunks," said recent LSA graduate Jill Lipitz.
Seemingly long overdue, these facilities,
particularly those dealing with science and re-
search, are being upgraded - the Kraus Natural
Science and West Engineering buildings are
undergoing complete overhauls, and the

of the computing center.
Like most University projects, renovations
and construction are not cheap. Complete
building overhauls can soar into eight digits.
For instance, the Kraus renovation will total
approximately $20 million, while the work on
West Engineering will cost $5 million.
"Part of the funding comes from U-M re-
sources, which means primarily fundraising,"
says Peter Pellerito, senior community rela-
tions officer for the Office of the Vice
President for Government Relations.
"Sometimes grant programs allot a certain
amount of money for renovation and mainte-

challenges US
to reduce arms
UNITED NATIONS (AP) - Soviet Foreign
Minister Eduard Shevardnadze accepted President Bush's
call for deep U.S.-Soviet chemical arms cuts yesterday
and challenged the United States to go further and faster.
Shevardnadze said the Soviet Union will "radically
reduce or completely destroy" its chemical weapons,
halt nuclear tests and stop making weapons-grade pluto-
nium and uranium - all if Washington reciprocates.
Shevardnadze, speaking to the U.N. general
Assembly, said the two governments have narrowed
their differences and he predicted that by the U.S.-Soviet
summit next spring or summer, "We may have passed
the last turn on the road" toward a treaty reducing

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