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One hundred four years of editorial freedom
Tuesday
April 18, 1995
The Code: Coming Under Review
Chair did
not select
- panelists
randomly
By Michelle Lee Thompson
Daily Staff Reporter
The six student jurors for a code
nng earlier this year were not cho-
at random, Judicial Adviser Mary
Lou Antieau and the hearing panel
chair admitted yesterday.
Prof. Peter Bauland, the hearing
chair, said he had selected - by gen-
der, ethnicity and class standing -
six students from the pool of 50 po-
tential jurors to hear a case under the
Statement of Student Rights and Re-
sponsibilities, the University's code
of'non-academic conduct.
"You don't want it to be too heavy
in any direction ... the idea is not to
stack it," said Bauland, who chaired
the February hearing, the only case to
be open to the public.
In an e-mail message to'Antieau's
secretary, which was obtained by The
Michigan Daily, Bauland prefaced his
list of six panelists by saying, "I started
out selecting at random, but this time
the spread of 'characteristics' wasn't as
lucky as lasttime, sol substituted a few,
also at random. Here are the six I've
chosen [won't they love me for this?]"
American culture doctoral student
Melanie Welch is appealing the case's
decision, which found her respon-
sible for harassing her neighbor,
Yaakov Lavie. The hearing had been
r -scheduled at least once before the
ca e was heard in February.
Bauland said yesterday that in his e-
mail message to Antieau's secretary,
Barbara Olender, he referred to one
group he chose forthe originally sched-
uled hearing, and another he chose for
the rescheduled hearing.
According to the code, "The hear-
ing board will consist of six students.
At the beginning of each academic
year, students will be randomly se-
lected from the student body to serve
as potential hearing panelists until a
pool of50 eligible students is obtained."
Antieau said, "We're very fussy
See PANELISTS, Page 2
Regents set to
vote on code
amendments
, _ ,
_- - - ;. t
MOLLY STEVENS/Daily
LSA junior Rachel Coudrone, a member of Students Against the Code, protests on the Diag yesterday.
Stats show outcomes
of closed hearings
Code Case Stats
The report to the University Board of
Regents details the 434 contacts
with the Judicial Adviser under the
Statement of Student Rights and
Responsibilites in its first two years.
Here are some of the statistics:
Action: 300 No Action 134
By Michelle Lee Thompson
Daily Staff Reporter
Many cases under the Statement
of Student Rights and Responsibili-
ties go unseen by students and fac-
ulty; only one hearing has been open,
while many the rest have taken place
behind closed doors.
However, a report released yes-
terday by the Office of Student Af-
fairs gives statistics on all 128 cases
filed in the two-year history of the
University's code of non-academic
conduct.
Summaries of the cases are filed
for public review after they are re-
solved, but details of the cases are not
released. News regarding closed cases
has appeared in The Michigan Daily
and other media outlets when one or
more of the involved parties has dis-
cussed their case with the media.
Judicial Adviser Mary Lou Antieau
says the publicity has, in some cases,
inspired others to file under the code.
"I can tell you that two or three
people walk through the door every
time you guys print something,"
Antieau said in an interview last week.
In a recent code case, a wrestler
who was accused of assault by two
Law students filed requests for an
open hearing, separate from five other
students accused in the case.
LSA senior Brian Kalev
Freeman's request was originally up-
held and a separate hearing was sched-
uled, but Antieau later cancelled the
separate hearing. And because he was
tried with the five other students and
all six did not request an open hear-
ing, the group's hearing was closed.
Both complainants agreed to an
open hearing, so Freeman's request
would have been upheld had his hear-
ing been separate.
Antieau said the Office of the
General Counsel told her the hearing
should only be opened if all the com-
plainants and all the accused parties
agreed to an open hearing. The code
does not speak directly to group hear-
ings.
See CASES, Page 2
By Cathy Boguslaski
and Ronnie Glassberg
Daily Staff Reporters
For the first time since the January
1993 inception of the University's
Statement of Student Rights and Re-
sponsibilities, the Board of Regents is
scheduled to vote Friday on student
amendments to the policy.
The statement, the University's
code of non-academic conduct, re-
mains an interim policy, and the re-
gents have reviewed it on a yearly
basis since it went into effect.
At their meeting on Friday, the
regents could decide to make the
policy permanent, to eliminate it or to
keep it in an interim state. In addition,
the regents will consider the proposed
amendments.
"I think there will be something
approved as a permanent policy be-
cause we'll be out of compliance with
federal law if they don't," University
President James J. Duderstadt said in
an interview last week. "It's probably
not something you want to rewrite on
the fly. This particular policy has
evolved through a lot of interaction,
and it's probably appropriate to move
ahead with it."
Vice President for Student Affairs
Maureen A. Hartford, whose office
oversees the code, said the policy
could continue in an interim state.
"There just has to be some kind of
policy," Hartford said. "We would be
in violation of two federal laws, so
something has to go in place."
Students Against the Code - a
coalition of a wide variety of student
organizations - plans to protest the
code in a Diag rally this Thursday at
noon.
"Basically, everyone hated the
code, and we got together to try to
abolish it," said Pam Short, a member
of the Students' Civil Liberties Watch.
MaJor Amendments
The University Board of Regents'
will consider several code
amendments, passed by the
student panelists in January, at
its meeting this week. Here are
some of the major proposals:
Establish an "Advisor Corps" to
counsel students accused under
the code and to speak on their
behalf during hearings.
Eliminate the 30-mile radius,
which limits complaints that
may be filed under the code.
Require only 21 panelists to hold
an amendment meeting. Three
meetings failed to get the
currently required 26 students.
SAC in-ludes the Michigan Stu-
dent Assembly, the Students' Civil
Liberties Watch and the National
Women's Rights Organizing Coali-
tion.
The group objects to the scope of
the code, Short said. "The University
has taken the code as a place to create
an entirely new set of laws, and we
find that incredibly unacceptable,"
she said.
When the regents voted on con-
tinuing the code's interim status last
April, only Regent Deane Baker (R-
Ann Arbor) opposed it.
Baker, who also opposed initially
implementing the code, said he has
not changed his position. "I really
think the president has the authority
to act in those circumstances where
direct action is needed," he said.
In January, two new regents started
their terms on the board. Regents
Andrea Fischer Newman (R-Ann
Arbor) and Daniel Homing (R-Grand
Rapids) took the seats of two Demo-
crats.
See CODE, Page 7
Substance abuse Filed after
letter sent: 59 6 months 3
Decided not Never
to file: 16 filed: 27
*Referred to Unknown
other unit:97 accused: 14
Formal Not a
investigation: 128 violation: 90
Sanctions
Formal Reprimand: 14
Alcohol Assessment: 2
community service: 28
class attendance: 14
Restitution: 1
Housing transfer/removal: 3.
Suspension from specific classes or
activities: 3
Periodic check-in with Judicial Adviser: 3
Suspension from University: 4
Expulsion:l1
JONATHAN BERNDT/Daily
Sen. Paul Simon
liscusses student
loan programs
.. r. _
Y; .
'i
Earth Day 2, :Back to the Roots
Environental groups
J, 2Zplan 'Earth Day 1995'
When the U.S. Congress recon-
es later this month following its
ng break, debate is scheduled to
begin on proposals to modify federal
student aid programs. There are sev-
eral proposals floating around in the
House, including capping the direct
lending program, eliminating the in-
terest exemption on federal Stafford
Loans and cutting campus-based aid.
Sen. Paul Simon (D-Ill.) is a lead-
ing proponent of direct lending, a
*gram at 104 universities, includ-
ing this University. Daily Staff Re-
porter Zachary M. Raimi interviewed
Simon last week to discuss the vari-
ous proposals.
Similar requests for interviews
with Sen. Spence Abraham (R-Mich.)
and Labor Committee chair Nancy
Kassebaum (R-Kan.) were denied due
to the vacation.
Daily: What are your views on the
direct student loan program?
Simon: It is working well at the
University of Michigan, at the Uni-
versity of Illinois. It's good for stu-
Stc. of Agricuitur®
1966 University graduate Dan
Glipkman was sworn in last
week as the U.S. Secretary of
Agriculture. See Page 5 for an
interview with Glickman
loan program affect universities that
are already using it right now?
S: It wouldn't affect you who are
using it already, but it would be deny-
ing that opportunity to others and it
would be very costly to the federal
government. One of the ironies is that
if that were to pass, this is the only
issue, this is the only education issue,
where the new Republican leadership
is asking for more money in the field
of education, and that additional
money will go to the banks and the
secondary markets, not to the stu-
dents.
D: Do you think it will pass in the
Senate?
S: It will be a very close vote in the
Senate.
D: Is there a current estimate on
MARK FIElLMAdNJ'8ily
Amid a backdrop of crosses placed on the Diag, Engineering senior John
Lommel writes a letter supporting the Endangered Species Act yesterday.
Court may revrs stance
By Daniel Johnson
Daily Staff Reporter
In harmony with nationwide ef-
forts, Urriversity and local environ-
mental groups are trying to return
Saturday's 25th Earth Day to the
grassroots level by celebrating envi-
ronmental awareness and vigilance in
a variety of forms.
The Michigan Biodiversity Project,
an Ann Arbor-based statewide conser-
vation group, created a solemn scene
yesterday by dotting the Diag with 100
knee-high, white crosses as part of Earth
Week activities.
The crosses bore the names of en-
dangered species to alert passersby to
the possibility of a future without such
environmental protection as the Endan-
gered Species Act. The "graveyard"
included species like the Kirtland's
warbler, which is found only in Michi-
gan, and peregrine falcon.
"The Michigan Biodiversity
Project is determined to prevent the
destruction of the Endangered Spe-
cies-Act," said David Zaber, an SNRE
doctoral candidate who helped to or-
ganize the event.
Congress recently passed a bill,
which President Clinton signed, that
OffCampus Events
Off-campus Earth Day festivites:
All-Species Parade, Sunday, 1
p.m., Wheeler Park to Leslie
Science Center, featuring
environmentalists and community
leaders dressed as animals to
celebrate diversity of life on earth.
Earth Day Festival, Sunday, 1-5
p.m., Leslie ScienceCenter,
with educational events, comedy
and musical entertainment
Earth Day Conference, Saturday,
9 a.m., Wayne State University,
on issues of environmental
racism in Michigan with a series
of workshops; sponsored by the.
schools of Natural Resources -
and Environment and Public
Health
Environmentalists are also raising
their voices against efforts to weaken
and dismantle legislation like the
Clean Water and Clean Air acts.
"The 104th Congress has done
more to roll back public health and
environmental legislation than any
Congress in history," Sinderman said.
"It's hell-bent on trading public health
on Endangere(
Justice Scalia
argues for narrow
interpretation of
'takings' law
WASHINGTON (AP) - The Su-
preme Court, in a spirited argument
over the Endangered Species Act, de-i
bated yesterday whether the govern-
d Species Act
"Couldn't we pick an uglier ex-
ample ... than a koala bear?" Justice
Antonin Scalia asked during a light
moment.
"You pick the cutest, handsomest
little critter," Scalia told Justice Stephen
G. Breyer, a Clinton appointee who
asked the most aggressive questions of
the timber industry lawyer.
Scalia argued for a narrow inter-
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p