2 - The Michigan Daily - Monday, January 30, 1995



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HEARING
Continued from page 1
expulsion from the University. In ad-
dition, she could be transferred or
removed from Family Housing.
Lavie filed the complaint the day
after Welch allegedly attempted to
spray water at his wife and children,
kicked him and scratched his wife.
Welch pleaded no contest to assault
and battery charges for the same inci-
dent in Washtenaw County District
Court. On Jan. 20, Judge Elizabeth Pol-
lard-Hines dismissed the charges.
The code states, "All complaints
must be filed within six months of the
date of the violation or the discovery
of the violation."
At the beginning of the hearing, the
panel decided to allow evidence of
events occurring more than six months
before the complaint was filed.
"My understanding of harassment
is that it is not considered a single act,
but a series of acts that form harass-
ment," Antieau said.
The alleged harassment began in
fall 1993 after the Lavies, who are
smokers, moved into the apartment
next to Welch.
Beginning in November 1993, the
Department of Public Safety told
Welch and the Lavies not to have any
contact with each other.
Regarding the assault charge from
the June 16 incident, one point of
contention was whether Welch
sprayed Lavie's wife and children.
Welch said in her testimony that she
did not spray the Lavies. Both Lavie
and his wife said Welch sprayed water.
But a report of the incident taken
by Housing officer Jon Lund, who
holds a law degree, states Welch at-
tempted to spray the Lavies. The DPS
report, in contrast, says she actually
sprayed the Lavies.
Douglas Lewis, director of Student
Legal Services and the attorney who
represented Welch in her criminal case,
asserted that DPS officers have made
mistakes on reports in the past.
"I'll put it to you this way: I've
seen reports that I've found to be
inaccurate," Lewis said. "Part of the
reason, nine times out of 10, the of-
ficer wasn't there.
"I think that officers tend to pick
who is right and not talk to anyone
else. Generally, that is the first person
they talked to."
A witness for the complainant,
Bess Li, also brought uncertainty
about whether Welch actually sprayed
the Lavies.
When Welch asked Li if she had
seen her spray the Lavies, Li said,
"You certainly attempted to." Then,
when Welch asked, "Did I spray?" Li
responded, "Yes."
The spraying dispute became a
significant part of Welch's defense
on the assault charge, because she
maintains she kicked Lavie in self-
defense after he grabbed her arm to
remove the hose.
"There's mixed evidence on
whether I squirted them. I absolutely
did not," Welch said.
While Welch was found not guilty

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of the assault, the panel found her
responsible for harassment.
The alleged harassment began af-
ter smoke spread from the Lavies'
apartment to Welch's.
Alan Levy, director of public af-
fairs and information for the Housing
Division, said Welch discussed the
smoke problems with him.
"From her perspective, it was an
intolerable situation," Levy said. "I
do believe there was smoke coming
through."
Welch then contacted Barbara
Drews, operations supervisor forFam-
ily Housing, about the smoke prob-
lem Sept. 21, 1993.
Drews said she told Welch to con-
tact DPS to check for smoke in her
apartment during the night. During the
hearing, the Lavies called this incident
evidence of Welch's harassment.
Drews said Welch told her that
she would disturb the Lavies.
"If (the smoking) didn't stop, she
would bang on the wall until it
stopped," Drews said Welch told her.
"I told her that somewhere along the
line she would not like someone ha-
rassing her in that manner."
But in her testimony, Welch
claimed it was the Lavies who banged
on the wall. "They were making noise
and keeping us awake, especially my
daughter," Welch said.
Welch maintains she never ha-
rassed the Lavies.
"They may have been annoyed
that I asked them to cooperate, but the
definition of harassment in the code is
very narrow and specific," Welch said.
After Lavie filed his code case,
David Foulke, interim Housing di-
rector, authorized a termination of
Welch's lease. Levy said he believed
the termination of Welch's lease was
inappropriate.
"I believed it was disproportion-
ate to what happened," Levy said.
But Lavie said Welch's actions
troubled them. "I hope I will see jus-
tice. The only reason I'm here is to
have justice," Lavie said. "I hope no-
body in the future will encounter what
I was encountering."
In another incident of alleged ha-
rassment, Welch went to the Lavies'
to discuss the smoke problem and
gave them brochures on the effects of
smoking.
"Ms. Welch came to our apart-
ment and the beginning of the conver-
sation was polite. She asked me to
press on the Family Housing," Mrs.
Lavie said. "She told me if I don't
press on Family Housing she is going
to press on me. She started to shout at
us that we are illegal residents in
Family Housing."
Welch said,"I only gave her two
pamphlets about second-hand smok-
ing, the same pamphlets I sent to
Regent Rebecca McGowan," she said.
After the decision, Lavie said he
was disappointed that the panel found
Welch not guilty on the assaultcharge.
"However, I respect their deci-
sion," he said. "I think that everyone
that attended the hearing, including
the audience, can understand the hard
experience I had."
FACULTY
Continued from page 12
Prof. Rowell Huesmann said out-
side parties should be involved in the
rebuilding process.

"This is just a short-term mecha-
nism because we will be hiring a lot of
new faculty. It provides a way for a
diversity of views to be expressed,"
Huesmann said. "It will be transformed
into a self-governing process before too
long. It is not going to last forever."
The report states that the depart-
ment will phase out the interim com-
mittee over the next several years. It
will be replaced with an executive
committee composed of communica-
tion faculty.
The situation in this case is unique,
because the executive committees of
other departments do not include fac-
ulty from outside the department.
Faculty Senate chair Jean Loup
said she believes the formation of this
type of executive committee is the
appropriate action.
"I think that the situation is un-
usual, and I think that there has been
a lot of discomfort within the depart-
ment. Doing something a little out of
the ordinary might be the right thing
to do," she said.
The communication faculty also
seem to think a diverse executive com-
mittee will be beneficial to the depart-
ment.
"Since we need to maintain the
confidence of the college during this
period of hiring, I think that it is a.
useful device. I wouldn't want the
buisiness of the depa~rtmetnt conducted

NATIONAL REPORT
Gingrich contributions questioned
WASHINGTON-Last August, Rep. Newt Gingrich
(R-Ga.) learned a subsidiary of Johnson & Johnson faced
a federal roadblock to sales of a home AIDS test kit. The
new product is worth an estimated $300 million a year,
but the Food and Drug Administration had yet to approve its
marketing.
Direct Access Diagnostics, a Rahway, N.J., subsidiary
of Johnson & Johnson, was the lead applicant for FDA
marketing approval. The firm's Washington consultant, Gingrich
Steve Hoffman, explained the situation to Gingrich in
August, according to the congressman's aides.
Four days later Gingrich threw the weight of his Republican leadership into
the issue, complaining about "stonewalling and needless delay" by the FDA.
Elliott Millenson, president of Direct Access, rewarded Gingrich for his
help, and made a personal contribution of almost $5,000. In December, after
it was certain that Gingrich would become speaker, Direct Access made a
contribution that sources with the company said was close to $25,000.


Conservative critics
seek end for FDA
WASHINGTON - Tombstones
flank the grim headline: "If a mur-
derer kills you, it's homicide. If the
FDA kills you, it's just being cau-
tious."
The full-page newspaper ads are
part of a campaign mounted by con-
servative critics to persuade Congress
to dramatically restructure - or even
dismantle - the Food and Drug Ad-
ministration, saying it kills Ameri-
cans by over-regulating medicine.
While the agency that filters out
deadly drugs and quack cures has
withstood such accusations before,
the strength of the latest attacks has
FDA defenders worried.
"These are inflammatory cam-
paigns meant to terrify people into
believing the government is their en-
emy as opposed to some organization
that has protected the public from
things that are clearly dangerous,"
said Dr. Sidney Wolfe of the advo-
cacy group Public Citizen.

The FDA has long walked a tight-
rope between critics who say it's too
cautious, pointing to multiple-year
delays of drug approvals, and con-
sumer advocates who blast it as not
strict enough.
FBI conducts
internal investigation@
WASHINGTON - The FBI has
begun an internal investigation to de-
termine whether its agents failed to
pursue leads that might have uncov-
ered confessed-spy Aldrich H. Ames
years before his arrest last year.
The FBI's original investigation
producedthe evidence thatled to Ames's
arrest and guilty plea.
Thebureau failed seven years agotow
follow up on questions raised by its
agents about the veteran CIA counter-
intelligence officer just months after he
started spying for Moscow and later
when FBI headquarters was searching
forreasons why it had losttwoof its key
Soviet informants.


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Peru, Ecuador face
off in border towns
QUITO, Ecuador - The armies
of Ecuador and Peru were fighting
yesterday for a third day somewhere
in the inhospitable mountains to the
north. But here and along the porous
border between the two countries, the
war was still just words and gestures
-an uneasy standoff between com-
munities that rely on each other for
economic survival.
Even as reports from Ecuador were
describing heavy fighting and war
casualties for the Peruvian side, the,
bridge that separates this small, de-
pressed town from its more prosper-
ous Ecuadoran neighbor, Huaquillas,
was open as usual from 8 a.m. to 6
p.m. With no heavy security in sight,
reaching the other side is still as easy
as stepping over the chain on the
bridge or walking down the embank-
ment to the garbage dump, where the
International Canal that defines the
boundary is just a trickle and at some
points just three feet wide.
If the centuries-old land dispute
between the two countries is more
serious this time around -as contra-
dictory reports from both sides in the
last two days hint-then these border
towns are expected to suffer. Already,

cross-border commerce has slowed.
Reports from Ecuador indicate at least
one town there was being evacuated
voluntarily as troops from both sides
continued to pour into the region.
Terrorists endanger
peace, Rabin says
JERUSALEM -Terrorist attacks
by Islamic extremists pose a strategic
threat to Israel's national security
because they are destroying the
public's willingness to continue peace
negotiations, Prime Minister Yitzhak
Rabin told his Cabinet yesterday.
Reflecting the gloom that hangs
over the nation one week after a pair.
of suicide bombers killed 21 Israelis,
Rabin delivered such a downbeat as-
sessment of relations with the Pales-
tinians that one minister accused him
of sounding as if he wants to abandon
negotiations altogether.
"The peace process should be con-
tinued, but not at any price," Rabin
responded to leftist minister Shulamit
Aloni.
Publicly, Rabin insists that negotia-@
tions with the Palestinians on extending
their authority throughout the Israeli-
occupied West Bank will continue.


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