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April 19, 1990 - Image 1

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The Michigan Daily, 1990-04-19

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OPINION

4

ARTS

5

SPORTS
Sluggers take on Spartans

9

Rally for Soviet Jewry

Poetry demands unemployment

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Ninety-nine years of editorial freedom
Copyright-1990
Vol. C, No. 134 Ann Arbor, Michigan - Thursday, April 19, 1990 The Michigan Daily

'U'

struggles with student harassment

policy

by Noelle Vance
Daily Administration Reporter
Drawing the line between harassment and
free speech has not been an easy task for the
* University.
Caught between the values of free speech
and equality, and faced with students'
objections to the University's regulation of
their private lives, the University has been
unable to finalize a policy addressing
students' discriminatory behavior.
Though various committees have worked
on a policy for more than two years, the
policy adopted by the University's Board of
Regents in April 1988 was struck down by
Federal District Court Judge Avern Cohn
last September for violating the First
Amendment.
An interim harassment policy
implemented last fall is being reviewed by
three advisory committees that University
President James Duderstadt appointed. The
policy has not been challenged for its
constitutionality.
The legal problems plaguing the

University as it attempts to develop its
policy focus mainly on the issue of free
speech.
U.S. Supreme Court decisions have
determined that "fighting words" - words
which "inflict injury or tend to incite an
immediate breach of the peace" - are not
protected under the First Amendment.
Therefore, the University has legal authority
to punish students for using such speech.
The definition of harassment in the
interim policy specifically focuses on
fighting words, said lawyer and
Communications Prof. Joan Lowenstein.
In the first policy, which the court struck
down, the definition was unclear, prompting
Judge Cohn to write in his decision:
"Looking at the plain language of the
policy, it was simply impossible to discern
any limitation on its scope or any
conceptual distinction between protected and
unprotected conduct."
But the new policy is more definite,
Lowenstein said. Only words which are "the

equivalent to a punch in the nose... (that
involve) a face to face, one on one
confrontation... (and) that invoke an
individual to a fight" can be punished, she
explained.
Though the University may have legal
authority to punish students for their
discriminatory speech, students and the
administration have argued for years whether
the University should use its authority to
regulate students' non-academic lives.
In 1988, when several racist incidents
occurred on campus, student groups called
for the University to take action.
But at the same time, other students
opposed the use of academic sanctions to
discipline students accused of discriminatory
or harassing behavior. They said outside the
classroom, students are citizens of the state
and federal government, and the University
should refer the cases to the court system.
Under Michigan's Ethnic Intimidation
Act, harassment is a felony punishable by at
most two years in prison or a fine of up to

$5,000.
Today, the student advisory committee,
which is charged with presenting
recommendations to the president on the
policy, is struggling with the two clashing
views.
The committee has generally taken a hard
line stance on any discrimination: "Racist
speech is not free speech," said Michigan
at the 'U'f
FINAL PART: The student policy
Student Assembly President Jennifer Van
Valey, the committee's chair. "We decided
it's not our purpose to come up with .a
policy that will get by a court... but to
create one that stops harassment," she said.
But the committee has recently become
concerned that the University could use the

policy for disciplining students in other non-
academic areas.
"We don't want to give the University
this code-like power that it could use to
discipline students in other areas," said
Michael Schechter, president of the
University chapter of the American Civil
Liberties Union.
However, Darlene Ray-Johnson, the
administrator for the interim policy, said its
scope is so narrowly-focused now that very
little can be punished.
"There's an inherent danger if the victim
does file a complaint, that it will raise the
free speech issue," Johnson said. She said
she is unable to take action on many of the
cases students now bring to her.
Under the interim policy, only speech
which is intentionally directed at an
individual to cause harm can be punished.
Speech which is derogatory in nature but
is directed at a group or race of people is
protected. So if in a class, someone makes a
homophobic remark See POLICY, Page 2

Man
with
by Mike Sobel
Daily Crime Reporter
Carlos Mayberry, a 21-
Ann Arbor resident, was
with murder yesterday after
assaulted at a local bar on Fri
of brain damage Tuesday, A
Police said.
Mayberry's victim,
Moore, a 23-year-old Canto
ship man, had been in a con
University Hospital since
morning after Mayberry kic
in the head. The Hospital
Moore died on Tuesday at 2
At the time of the incid
lice reported Moore had su
fractured skull and severe
bleeding. Ann Arbor D
Sergeant Jerry Reynard saii
topsy revealed Moore died
damage.
LSA Senior Lori Keel,
close to Moore, said she w
hospital when surgeons pro
Moore brain-dead and Moo
ily agreed to discontinue
port.
Mayberry, who is said
martial arts expert, was ch
Friday with assault with int
great bodily harm. Mayberr
bail on Tuesday but police

charged
murder
back into custody upon notice of
year-old Moore's death. Mayberry was ar-
charged raigned yesterday at 2 p.m. and given
a man he an open murder charge without bail.
iday died Police reported Friday's incident
nn Arbor began inside Dooley's bar, located at
310 Maynard Street. Moore and a
Robert group of friends had been asked to
n Town- leave the bar at around 1:50 a.m.
ma at the Mayberry, who police say was
Friday angry over a fight Moore had had
ked him with his younger brother Christo-
reported pher, confronted Moore in an adja-
:48 p.m. cent parking structure. Witnesses
dent, po- said a group of men who were with
offered a Mayberry seized and held Moore's
internal friends while the defendant cornered
'etective Moore against a concrete wall.
d the au- Witnesses also said Mayberry at-
of brain tacked Moore with a series of "snap
kicks." After a kick to the abdomen,
who was Moore doubled over and Mayberry
'as at the kicked him in the head. Moore was
)nounced thrown backward and struck his head
re's faro- against the concrete. He was imme-
life sup- diately knocked-out and never re-
gained consciousness.
to be a Keel said Christopher Mayberry
arged on (20-years-old) had been served alco-
ent to do hol at Dooley's the night of the in-
ry posted cident.
took him See MURDER, Page 2

Enjoying the first taste of spring
Andy Stevensen, an LSA senior and Pamela Ha, an LSA junior, spend some time together near the Diag.
play in Voodoo Kazoo.

They came out to hear a friend

Report says climate is chilly for women

by Diane Cook
Daily Women's Issues Reporter
The climate for women on cam-
pus is "chilly," but measures to raise
the temperature can be successful,
the Michigan Student Assembly
Women's Issues Commission has
found.
Commission members have dis-
tributed questionnaires to University
students since December 1989, in an
attempt to evaluate the factors con-
tributing to the discomfort women
experience during their academic ca-
reers. The results will be compiled
honors
student
* leaders
by Frank Krajenke
Daily Staff Writer
University President James Dud-
erstadt, faculty and administrators
honored University students for their
demonstrated leadership skills in ex-
tra -curricular activities at the Student
Recognition Awards yesterday.
* While 73 students and 39 associa-
tions received recognition for ac-

in a brochure to be used in teacher
training workshops and distributed to
students.
The brochure will document the
students' reports of individual inci-
dents of sexism. One student re-
ported an incident with her TA
which caused her to stop participat-
ing in her class discussions.
"In an introductory American po-
litical science course, I asked my TA
why we never discussed women in
politics, and why there was not one
woman author on the syllabus. He
responded (that) this wasn't the time

for such discussion and he hurriedly
called on someone else. I felt ignored
and frustrated. He refused to address
my question. I was afraid to open
my mouth again," she wrote.
Nicole Carson, vice-chair of the
Women's Commission and an LSA
junior, said the reports also docu-
mented positive changes on the
campus.
"What we're finding is that the
climate is 'chilly,' and that affects
how they learn in that environment.
Where the climate was 'warmed-up'
the effect was positive," she said.

"There's a good chunk about
what teachers have done in class-
rooms to improve the climate in the
courses: A professor may include
more women writers on a syllabus
or use gender-neutral language." Car-
son said. "There are ways to improve
the academic climate."
These changes may start in the
classroom, but they effect students
everyday-lives, one individual re-
ported.
"...I would like to share a very
positive experience. I took a class
See CLIMATE, page 2

Iranian group vows
to free U.S. hostage

BEIRUT (AP) - A pro-Iranian
group holding three U.S. educators
hostage promised yesterday to free
one of the Americans within 48
hours as a humanitarian gesture and
said he would carry a message for
President Bush.
Reliable diplomatic sources in
Damsascus confirmed an American
would be freed Friday in the Syrian
capital.
The group, Islamic Jihad for the
Liberation of Palestine, did not say
which of the three would be freed. Its
statement was accompanied by an
instant photograph of Jesse Turner
of Boise, Idaho.
The group also holds Alann
Steen and Robert Polhill. All were
abducted from the campus of Beirut
University College on January 24,
1987. They are among 18 Western-
ers, including eight Amercians, held
by pro-Iranian groups in Lebanon.
The longest held is Terry Ander-
son, chief Middle East correspondent
fnr the A cerint'itt PrPCe kidnnni-r,.A

West Germany attending a confer-
ence yesterday.
The kidnappers' 26-line message
was delivered to the independent
Beirut newspaper An-Nahar and a
Western news agency in Beirut. It
was delivered at sundown yesterday,.
'We have long called
for unconditional
release of the
hostages in Lebanon.
We see this as an
important
humanitarian issue'
-David Denny
State Department
spokesperson
which could mean the deadline would
be at sunset on Friday.
In Washington, a State Depart-
ment spokesperson, David Denny,
said, "We have long called for un-
rnn Al stnnlal ana a *l.theIn*,, apn

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