weather *onight: Partly cloudy, lows in mid- 20s. Tomorrow: Partly cloudy, breezy, highs in mid-40s. it ba "tI One hundred four years of editorial freedom Monday January 30, 1995 * *.. * " r & ML"- Outsiders *may lead 'U' comm-. department By Jodi Cohen *)aily Staff Reporter As the University's troubled com- munication department redefines its mission, faculty await information about the future of governance within the department. Under the changes outlined in their recent report, the faculty advisory committee for the department of com- munication called for a rebuilding of *he executive committee in the de- partment. The report states, "We do not be- lieve that the faculty as it is currently constituted will be able to accomplish the rebuilding of the department on its own." Interim communication chair John Chamberlin said, "The logic behind including faculty from elsewhere in the college is that the mission articu- *ates a department with theoretical and methodological breadth. The full range of that cannot be generated from the current faculty." The committee said that the cur- rent faculty is insufficient for the re- building process. Some faculty mem- bers agree with the recommendations. "Even putting together five fac- ulty would be the whole faculty be- *ause it is so small," said Prof. Jonathan Friendly, director of the Master's Program in Journalism. Because of this problem, the advi- sory group recommended that the dean appoint an executive committee that "includes regular faculty from the department as well as several mem- bers of the LSA faculty from outside the department." See FACULTY, Page 2 'U, opens 1st code hearing Public hears testimony, views procedures in 9-hour session By Ronnie Glassb rg and Nate Hurley Daily Staff Reporters The University on Friday held its first open student code hearing since the code of non- academic conduct was implemented Jan. 1, 1993, opening the process up to the public. American culture doctoral student Melanie Welch was found to have violated the State- ment of Student Rights and Responsibilities for harassment, but the six-student panel did not find Welch guilty of assault. The nine-hour public hearing in the Kalamazoo Room of the Michigan League provided the first opportunity for students, attorneys and interested parties to witness a nally and filed suit Friday morning in Washtenaw County Circuit Court to open the case. The local American Civil Liberties Union voted Thursday night to support Welch's law- suit. In response to Lavie's request for a "digni- fled" open hearing, the University barred tape- recorders, cameras and video cameras from the hearing. Antieau added that the same restrictions likely will apply to future open hearings, but - "we'll have to do some clarification on some of the items," such as the location of the hearing. Though the restrictions only applied to the hearing room, Antieau voiced dismay over pho- tographs taken in the hallway of the League. Her secretary, Barbara Olender, attempted to block a Michigan Daily photogra- pher from taking photos of think the jurors. Antieau said opening the: - g b hearing did not affect the: proceedings. "I don't think it made a difference," she said. Antieau added that Welch's nine-hour hearing ry Lou Antieau was the longest inthe code's r for the code history, and she would con- sider three hours to be a code case. "I thought (the hearing) was appalling. It was bla- tantly unconstitutional in many aspects," asserted LSA sophomore Pamela Short, a member of the Stu- dent Civil Liberties Watch, who observed the hearing. "The concrete reasons I got from attending the hearing were that the ac- cused was not allowed vo- Idon'-t, (the hearii opena) mad difference --Mar Judicial advisee S ,,R ' LLIMA /Da il Barbara Olender, a Division of Student Affairs employee, escorts three student jurors through the Michigan League during a break in Friday's student code hearing. Studen found guiltyon chag of harass mI01 ent By Ronnie Glassberg Daily Staff Reporter A six-member student panel on Friday found a 49-year-old student responsible for harass- ment under the Statement of Student Rights and Responsibilities in the first case open to the public. In a hearing that began at 3:37 p.m. - with a verdict delivered at 12:29 a.m. - the panel found American culture doctoral student Melanie Welch not guilty on a charge of assault, and guilty on the harassment charges. Yaakov Lavie, Welch's former neighbor in University Family Housing, charged Welch un- der the code of non-academic conduct June 17. Welch also attempted to file charges under the code against Lavie, but could not since he is not a student. The decision was handed down by a six- member panel, split evenly between males and females. According to documents obtained by The Michigan Daily, the panel was composed of one Law student, two Rackham students, two LSA students and an Engineering student - dividing the panel evenly between undergraduates and graduates. Two of the jurors were foreign students, three were from out of state, and one was from Michigan. All of the jurors were white. Welch plans an internal appeal of the verdict to the vice president for student affairs, and she may proceed with a lawsuit in Washtenaw County Circuit Court. Lontacted Saturday, Mary Lou Antieau, ju- dicial adviser foi the code, would not disclose Welch's sanction. "That's protected by FERPA (Family Education Rights and Privacy Act). Edu- cational records are protected," Antieau asserted. Welch's sanction could include various ac- tions, extending from a letter of reprimand to See HEARING, Page 2 cal legal representation. Second, the modera- tor clearly was not familiar with the code, standards of proof or procedure." Turnout was minimal as the decision to open the case was made only hours before the hearing began. Mary Lou Antieau, judicial adviser for the code, said the decision to open the hearing was made around I l a.m. Friday when the com- plainant, Yaakov Lavie, telephoned her. "Mr. Lavie said he would be willing to have an open hearing as long as it would be dignified," Antieau said. Lavie, who is not a student, said he finally agreed to an open hearing because Welch said she would not attend if it had been closed. "I think that the fact that she would not come to the hearing because it was closed, I thought that was another way for her to avoid the hearing. I wanted her to be at the hearing," Lavie said. "At least she was there and heard what the panel was saying." According to the University's interpreta- tion of the code, Lavie's consent was needed to open the hearing because it included "sexual assault or harassment." Welch's attorneys said the hearing should have been opened origi- long hearing. Regent Deane Baker (R-Ann Arbor), who voted in 1992 against implementing the code, said the issue should have been resolved without a code hearing. "This strikes me as something that could have been resolved early on without going through this whole process," Baker said. "My general feeling is that the code should be abol- ished." The code remains an interim policy and will come before the University Board of Regents for review at its April meeting. David Cahill, the attorney who advised Welch during the hearing, said the code is flawed be- cause people without training in advocacy must defend themselves. "Their own personalities become dominant rather than the facts of the case," Cahill said. At the end of the hearing, Welch voiced this concern to the jurors. "1 can tell by the expressions on your face, you don't like me," Welch said. "He has brought all the power of the University of Michigan- against me because they consider me a trouble- maker." Anne Marie Ellison, an LSA first-year stu- See CODE, Page 3 Rash of South Quad fire alarms spurs new policy r AP PHOTOU San Francisco 49ers receiver Jerry Rice scores a touchdown in the first quarter of Super Bowl XXIX. 49es Imne *5th Super Bowlwin MIAMI (AP) - San Francisco beat San Diego every which way, and down the middle most of all. Twice in the first five minutes of yesterday's Super Bowl, quarterback Steve Young chose the most direct *oute to the end zone, splitting the Chargers' defense with a pair of touch- down passes for a quick 14-0 lead. After that, everything seemed to work for the unstoppable 49ers, who won 49-26 for their fifth Super Bowl title since 1982. Young threw a Super Bowl record six touchdown passes, and the first two were the longest, covering 44 ards to Jerry Rice and 51 yards to icky Watters. On both plays, San Francisco beat safeties Darren Carrington and Stanley Richard, whose futility symbolized what the Chargers were up against. By Tim O'Connell For the Daily South Quad residents are accus- tomed to false fire alarms, but over the past two months, they have been bombarded by nine alarms. Twice this semester, residents awoke to two alarms in one night. "I lived here last year, and you start to get used to them. They have been out of control lately, though," said South Quad resident Cynthia Gordon, an LSA sophomore. Department of Public Safety Sgt. Robert Neumann said false fire alarms are annoyances for students, but he stressed that the alarms present very real dangers. "Evacuation of a building as large as South Quad can be dangerous. With that many students in the stairwells, they are liable to be injured," Neumann said. Besides the physical dangers in an evacuation, the alarms can have a psychological effect. "We're also concerned about de- sensitization to alarms," Neumann said. Alex Ricku, a first-year LSA stu- dent, agreed with Neumann's con- cerns. "They don't stick out in your mind. I live in a quad, and when I'm sleep- ing in the far room, I've been known to sleep through them. It's pretty un- realistic to get everyone out of the dorm," Ricku said. Students who remain in the dorm during a fire alarm face a $50 fine. But South Quad resident advisers less- ened the incentive to leave a warm bed when they stopped checking ev- ery room last semester. Ellen Shannon, South Quad's co- ordinator of residence education, re- instated the old policy last Friday. South Quad residents received a letter from Shannon on. Friday in- forming them of the policy change. "CyYou sort of got used to (false fire alarms). They have been out of control lately, though. i d - Cynthia Gordon South Quad resident The letter states, "All residents must evacuate for any fire alarms. Staff will be entering student rooms with master keys when the fire alarm is activated." Student leases permit this type of entry. "Students can't take fire alarms lightly," Neumann said. DPS takes the alarms seriously as well - an 18- year-old male was arrested this month for pulling an alarm. Neither Neumann or Shannon could confirm whether the arrested man was a resident. Shannon's letter stated, "Two residents have had their leases termi- nated for pulling false fire alarms in South Quad. ... Both students are being criminally prosecuted by the police." When he was asked if he knew the arrested student, Ricku grinned. "No comment," he said. Perennial rumors that area frater- nities are largely responsible for the false alarms have resurfaced recently. At least three of January's alarms originated in Frederick House, a sec- tion of South Quad with easy access to State Street. The student evictions counter these rumors. "I think the fire alarms are exclu- sively due to students in South Quad," Ricku said. Shannon's letter stated another new policy: "The Housing Division- gives a $100 reward to residents who provide information that leads to ap- prehension and prosecution of any- one pulling a false fire alarm." "The award had been $50 in the past," she said. .Five students have won $100 re- wards for the apprehension of the two students mentioned in the letter. In- formants are kept anonymous. "We're really happy about resi- dents taking an interest in the safety of South Quad. I think of them as heroes in a way," Shannon said. "It takes a lot of courage to come forth with information." Neumann said, "Every time some- one pulls a fire alarm, they are endan- gering the lives of students. In addition, pulling a false fire alarm is a misde- meanor with a maximum punishment of one year and/or a $500 fine." *F Welonie to the. new.Daily. As .we start our year-lotig :term as editors of this newspa-, per; w'e:will attempt to serve the University community with the most comprehensive and en- lii ta i nn ~ r 6n cti Ac Environmental activists protest I