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September 13, 1994 - Image 2

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The Michigan Daily, 1994-09-13

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2 - The Michigan Daily - Tuesday, September 13, 1994

Cole: Deans have power to dismiss faculty grievances

TRANSCRIPT
Continued from pae 1

By NATE HURLEY
Daily News Editor
A dean is entitled to dismiss a fac-
ulty member's grievance without con-
vening a peer review committee, Uni-
versity General Counsel Elsa Cole told
faculty leaders yesterday.
In response to concerns about fac-
ulty members being denied grievance
hearings, Cole addressed the Senate
Advisory Committee on University
Affairs - the nine-member executive
-branch of the faculty government.
"If there is an obvious reason why a
grievance shouldn't go forward, the
dean has an inherent authority" to
dismiss the grievance, Cole said.
SACUA member Thomas Moore,
who represents LSA, suggested some

cases are not always obvious."From
time to time, we've had rather clear-
cut gray areas," Moore said.
Cole offered this advice to deans:
"My rule of thumb would be when in
doubt, form the committee."
Several SACUA members also
charged that deans are more willing
to extend deadlines for administra-
tive review, but not for faculty filing.
Cole said she could work with the
committee to "clarify and tighten up"
the grievance guidelines, but cau-
tioned that more stringent rules might
not hold up in a court of law.
"Courts allow some deviation from
written procedures if it does not have a
substantial effect on the fairness of the
procedure," Cole said.

Freedom of Information
SACUA members alsoposed ques-
tions to Cole about Freedom of Infor-
mation requests.
Cole explained that the University
will not release to third parties per-
sonal information that would violate
individuals' privacy, but such infor-
mation could be obtained by a second
'My rule of thumb
would be when In
doubt, form the
committee.'
- Elsa Cole
University general
counsel
party. She gave the example of a person
requesting their medical records.
When presented a request for infor-
mation, under a Freedom of Informa-
tion Act request or otherwise, a depart-
ment can either release the information
orforward therequest to the University's
FOIA officer, Lew Morrissey.
Morrissey can then release the in-

formation or deny the request, citing
the relevant law or statute. In addition,
he will often release the information to
high-level and public relations offi-
cials, so they can be prepared to field
press inquiries, Cole said.
Cole also said the University makes
a point of informing document writers
before their documents are released,
especially in the case of personal let-
ters. This is not required by law.
SACUA member Alfredo
Montalvo, representing the School of
Art asked, "What is the University's
position on the subsequent dissemina-
tion of (released) information?"
Cole said, "The law is silent on that
point." She noted that the Family Edu-
cation Rights and Privacy Act (FERPA)
does not allow further disclosure of
documents even after they are released
by a university.
Interim Secretary Appointed
SACUA Chair Jean Loup began
the meeting by announcing that Pat
Maloy would serve as an interim sen-
ate secretary.
Maloy drew criticism from some
members shortly after telling them, "I
come here from a managerial end,"

explaining thathe hadpreviously served
on a school board.
SACUA member Thomas Dunn,
who represents LSA, questioned
whether managerial experience is a
quality the senate is looking for in a
secretary.
"I don't want anybody who's fa-
miliar with management at the mo-
ment. I'm up to here with management
at this point," Dunn said.
In response to criticism that he
would not help unify the senate, Maloy
stressed the importance of unity with
the administration. "I would be ad-
verse to serving if I have to assume the
role that we are going against the ad-
ministration," Maloy said.
SACUA elects a secretary to a three-
year term at its March meeting. Maloy
will serve as secretary on an interim
basis until then.
Maloy served on the senate part of
last year to finish offa colleague's term.
Loup closed the meeting at 3 p.m.
upon arrival of Provost Gilbert R.
Whitaker Jr. Under the state's Open
Meetings Act, meetings can be closed
only when members discuss personnel
matters or pending litigation.

BURGLARY
Continued from page 2.
dentified man stole $80.
The man was identified as a male
wearing a red shirt and blue jeans.
The University's Department of
Public Safety has classified the inci-
dent as a burglary. While the incident
did not involve sexual assault, offic-
ers are working with the Sexual As-
sault Prevention and Awareness Cen-

ter to teach residents how to protect
themselves in the residence halls.
Levy said safety precautions such
as changing the locks on the womens'
bathrooms were taken immediately.
Floor and hall meetings the night of the
burglary gave special attention to the
burglary and reviewed methods to en-
sure students' individual and collec-
tive security.
Mosher-Jordan is currently put-
ting together a security and safety

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awareness and education program in
which floor residents will work to-
gether with coordinating residents.
Levy cited the burglary as an ex-
ample of why students need to have the
highest level of safety awareness for
themselves and others.
"The preventive methods men-
tioned in the student handbooks aren't
there simply because we want to be
parental or bureaucratic, they are there
for students safety," Levy said.
A few of the measures that Levy
mentioned included: not propping
open outside doors for long periods of
time; sleeping with the dorm room
door locked; and reporting people who
look out of place.
"Students should feel comfortable
reporting people who look like they
don't belong," Levy said.
"Campus security generally seems
adequate," said Rubab Hans, an LSA
first-year student who lives in Couzens
Hall. "Students should be given self
defense classes," she said, adding that
lots of people skip the mandatory secu-
rity meetings at orientation.
Kristin Arola who lives in
Mosher-Jordan feels that security
could improve. "Security measures
could go up. RAs usually aren't
walking around and security guards
seem to come through only on the
weekends," she said.
ZISKA
Continued from page 1
Alpern soon found work, and Ziska
took a position with a non-profit envi-
ronmental organization.
"Everyone she worked with, ev-
eryone she touched, was very enam-
ored of her," Alpern said. "I couldn't
say a bad thing about her. ... It's too
bad that the world is robbed of people
like that."
Ziska had taken the ill-fated flight
because she was eager to return home
after a business trip to Chicago. Alpern
said he told her to wait and take the
later flight. He and Elliot would wait
for her.
"She was a white-knuckle-flier.
She wasn't supposed to be on that
flight," said Alpern, who once told
her that she probably had a better
chance of winning the lottery than
getting in an accident

Assistant general counsel Dan
Sharphom saidUniversity policy is
to notify a student of a subpoena and
give them enough time to find a law-
yer to block it.
But the University typically does
not go to court on behalf of students
whose transcripts have been subpoe-
naed.
Joan Lowenstein, a Universi
communication professor and law-
yer, said the University does not take
all the steps it could to protect stu-
dents.
"Putting the burden to block a
subpoena is ridiculous," Lowenstein
said. 'If it wanted to, the University
could get a protective order to protect
the student.
"The University could tell a cou.
that it believes in the privacy of all it
students," Lowenstein added.
Griffiths said he feels as though
he has been assaulted twice. "I've
been a victim two times- once by
the defendants and once by this
University.
"Students need to know the Uni-
versity won't protect their privacy as
well as they thought."
POPULATION
Continued from page 1
U.N. officials said the action fi-
nally agreed on by the conference
drafting committee after an exhaust-
ing series of meetings represents the
world's first attempt to deal openly
with the root causes of soaring fertil-
ity rates, and to develop program
that emphasize not government coer
cion but individual choice.
"The number of completely new
notions compared to what has come
out before - of reproductive health,
reproductive rights, the notion of un-
safe abortion being a majorhealthprob-
lem which governments have to do
something about- all these things are.
there," said Nicolaas Biegman of tl'
Netherlands delegation, who vice-
chaired the drafting committee.
"Sex, something that we only whis-
pered about before, is a normal item of
conversation in the Westernworld now,
and it's becoming a normal item of
conversation in the rest of the world.
This document is helping bring that
about," Biegman said. "We are putting
their noses in it. You have to talk abo
sex - you have to talk about itjustli
real estate prices."
The diplomacy over the past week
has very much reflected the growing
influence of religion in political life.
BOEING
Continued from page 1
feet into a wooded ravine northwest
of the city killing all 132 passenger
Investigators from the National
Transportation Safety Board still are
combing the wreckage for clues to the
mystery of why a plane in purport-
edly good mechanical condition fly-
ing in perfect weather crashed.
The victims were remembered in
a solemn memorial service yesterday
in downtown Pittsburgh attended by
hundreds of people. Some of t4
mourners broke down and sobbed as
the names of the dead were read and
a recording was played of one of the
victims singing "As We Sailto
Heaven's Shore."
The 737 is the workhorse of the

commercial jet fleet, with more than
2.600 in use worldwide.

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