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January 19, 1999 - Image 4

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The Michigan Daily, 1999-01-19

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4A - The Michigan Daily - Tuesday, January 19, 1999

a1IE £i~biun ?~atlU~

420 Maynard Street
Ann Arbor, MI 48109
Edited and managed by
students at the
University of Michigan

LAURIE MAYK
Editor in Chief
JACK SCHILLACI
Editorial Page Editor

NOTABLE QUOTABLE
'Nobody charged these kids with anything that has
to do with the death of Courtney Cantor.'
-AlAddis, attorney representing the majority of Phi Delta
Theta members arraigned for alcohol-related misdemeanors
THOMAS KULJURGIS TENITITVELY SPEAKING

Unless otherwise noted, unsigned editorials reflect the opinion of the majority of the Daily'editorial board.
All other articles, letters and cartoons do not necessarily reflect the opinion of The Michigan Daily.
FROM THE DAILY
Out of bounds
'U' should leave Brooks case to authorities

With all of the talk about the "rule of
law" taking place on Capitol Hill late-
ly, one body has been conspicuously ignoring
the standards of the legal system: the
University's administration. Michigan offen-
sive lineman Jason Brooks was suspended last
Thursday under the emergency suspension
provisions of the Code of Student Conduct for
physically stalking or harming another person
and stealing or destroying private or
University property, according to Brooks.
While the circumstances surrounding an
alleged robbery and fight at the Sigma Chi
fraternity house remain under investigation,
the University has decided it should punish
Brooks without a hearing or finding of fact as
to this matter. Such presumptuous actions are
intolerable in a society that rests on a belief
that the accused are innocent until proven
guilty.
Giving the broad power to suspend a stu-
dent to any single administrator is problemat-
ic. On Feb. 2, 1995, then-University President
James Duderstadt expelled LSA sophomore
Jake Baker for posting a violent sexual fiction
story involving another student on the
Internet. While a short investigation into the
matter had been conducted, Duderstadt's
action nonetheless denied Baker of his right to
due process. Rather than allowing for a legal
hearing - or even one under the University's
auspices - the administration simply ordered
Baker removed from campus.
Brooks's case is remarkably similar. An
obvious question arising from the odd manner
in which Brooks was suspended is whether
this action was taken to prevent future possi-
ble offenses or to punish him for prior acts. If
the suspension has anything to do with the
sexual assault charge under the Code begun
last year, one must wonder why the University
has waited so long.
Indeed, the fact that the case has yet to be
resolved is a clear sign of the inefficacy of the
Code. This charge against Brooks was origi-
nally brought last February. After agreeing
with former Assistant to the Vice President for
Student Affairs Mary Lou Antieau to plead
guilty to criminal charges in exchange for lim-
ited Code sanctions, Brooks found out that

"things had changed" and the Code case was
going ahead after all. Indeed, even when
another resolution with the office had been
reached earlier this academic year, the deci-
sion being appealed by the survivor. While the
appellate procedure provided for in the Code
is no doubt necessary given the flawed mech-
anisms with which students are tried, it seems
foolish for the office not to have sought the
victim's consent in resolving the matter. The
whole quasi-legal menagerie that Brooks has
been through in the past year under the Code
is a perfect example of why the document is
completely insufficient to fulfill the goals it
sets out.
If Brooks' suspension arises out of the
most recent alleged incident, then the lack of
investigation into the matter clearly illustrates
the poor policy of the vice president for stu-
dent affairs' actions. If there are indeed
grounds for criminal charges, the University
should get out of the criminal justice system's
way and allow the police to finish their inves-
tigation.
If, as suggested by Brooks's reading of the
letter, his suspension is a punishment rather
than a preventative measure, the Division of
Student Affairs has violated Brooks's right to
due process, not to mention stepped outside of
the bounds of the authority granted to it by the
Code. The Code provides that the vice presi-
dent may suspend a student if his or her
"actions pose an immediate danger to any
member of the University community." It
does not allow the University to suspend a stu-
dent as a means of punishment pending fur-
ther investigation.
If the University feels Brooks is such a
pressing threat to the safety of campus, it
should seek a restraining order from the real
legal system - not act as judge, jury and exe-
cutioner. Under the provisions of the Code,
Brooks is entitled to a meeting within two aca-
demic calendar days where he will be allowed
to produce evidence and make a statement on
his behalf.
The Vice President for Student Affairs
should reverse her earlier decision and allow
Brooks to attend school, and let the legal sys-
tem do its job.

If .NE pREWI' ItlS NOT
2EMOVEDp TE OFFICE OF THE
LETTERS TO THE EDITOR

( O

OLAT+

AAPD
violated
students'
civil liberties
TO THE DAILY:
The Ann Arbor Police
Department raided and
searched a house, officers dug
through paperwork and found
some receipts and false identi-
fication, they went through
hundreds of security video
tapes; by the time it was over,
they secured 10 warrants.
What has justified these
police tactics in the mind of
the city government? Not a
terrorist network, not a con-
spiracy of criminals -just a
party at a frat house.
Hundreds of such parties
happen every weekend of the
year around the country.
The AAPD's policy of
scapegoating Phi Delta Theta
is an outrage and a danger.If
it is allowed to continue, it
will profoundly undermine
the rights and civil liberties of
students and citizens in gener-
al. It must be stopped. The
charges must be dropped.
On Tuesday, Dec. 8, 1998,
the Defend Affirmative
Action Party caucus pro-
posed the following resolu-
tion to MSA. Unfortunately,
the majority of the body
voted for delay. It is now
clear that this delay was a
serious mistake.
This Tuesday we will be
working to pass a resolution
with the following demands:
End the heavy-handed,
unreasonable and cynical
police and prosecutorial
operation, which has noth-
ing in common with
addressing the legitimate
problems of alcoholism and
alcohol related accidents.
® End the scapegoating
and police persecution of
Phi Delta Theta.
* Drop the charges
against Phi Delta Theta
members immediately.
® End the police harass-
ment of fraternity parties,
house parties and parties in
the Michigan Union.
H A policy of education,
not repression, including an
improvement and expansion
of the University's voluntary
alcohol counseling and an
improvement and expansion
of campus and recreational
facilities for students.
All students are needed to
come to the MSA meeting
tonight at 7:30 to speak in
favor of this resolution.
ERIKA DOWDEL
LSA FIRST-YEAR STUDENT
JESSICA CURTIN
R ACKHAM
MSA REPRESENTATIVES
Charged
#+ 1a~I~+in % kh ,

and theAnn Arbor Police
Department.
Am I the only individual
who finds a problem with
Athletic Director Tom Goss
or head football Coach Lloyd
Carr defining the punish-
ments for these individuals?
One needs only to open their
eyes in order to recognize the
corruption at hand regarding
the legal system and these
athletes.
When I came to the
University as a first-year
student, I was forced to sit
through numerous orienta-
tions laying out the rules of
the Code of Student
Conduct. As an athlete, I
heardall about the guide-
lines and responsibility I
had in properly representing
the University. As time has
passed, I have found those
standards to have been
abused and our athletic body
to be quite hypocritical. This
latest incident is a perfect
example.
How long must we sit
around and tolerate this ath-
letic bias?
Individuals such as
William Peterson, Ray
Jackson and Jason Brooks
have no place in collegiate
athletics and no place in a
university setting. Since
when does sexual harass-
ment, sexual assault and lar-
ceny constitute the "leaders
and best?"
Hopefully the legal system
will eventually own up to
upholding justice and recruit-
ing standards will improve.
Until that time, when Goss
and Carr refrain from spoon-
feeding these troubled individ-
uals, the Athletic Department
will continue to be blemished.
I only ask that these men
for once set aside the revenue
sheets, question their morals
and look into the mirror.
JOSHUA SELLERS
LSA SOPHOMORE
GHB is a
date-rape drug
TO THE DAILY:
I was disappointed with the
explanation of Courtney
Cantor's death in the Daily on
Jan. 14 ("Seeking Answers").
It is reported that she had a
low blood-alcohol level and
traces of gamahtdroxybutyric
acid (GHB) in her blood at the
time of her death. GHB is then
portrayed as a regular street-
drug that kids fool around
with, hoping for a higher feel-
ing of intoxication. It is men-
tioned that someone could
have possibly slipped it in her
drink.
Nowhere in this article did
it mention that GHB is a rape
drug! GHB, Rohypnol and
Ketamine are among the most
common date-rape drugs being
used today. Their popularity is

Reasons to
enjoy winter
TO THE DAILY:
I am a first-year student
here at the University and
would like to share a bit of
humor with the freezing cold
people reading this at the
bus-stops. Nothing warms
someone up like a good
laugh!
Top-10 Reasons
This Weather is Good
10. East Quad can brag
about its only asset: location.
9. No NBA games?
Trash-can-that-catches-water
basketball!
8. Get to witness fantastic
phenomenon of wet-floor
signs reproducing.
7. Smoke clouds outside
the doors after class get
noticeably smaller.
6. Drivers wearing huge
North Face coats need not
worry about airbags.
5. Fewer "freaks" in the
Diag.
4. Depends on what your
definition of "good" is.
3. That soothing squeaky
shoe-sound.
2. No bikes!
1. You say leaks, I say
indoor slip-and-slides!
Thank you for your time.
Let me know what you think.
ADAM WILSON
LSA FIRST-YEAR STUDENT
Scapegoating
Cantor's
death is
unnecessary
TO THE DAILY:
It's unfortunate that our
society has developed the char-
acteristic of pointing unneces-
sary fingers when an awful
tragedy occurs such as that of
Courtney Cantor's death.
The need for closure has
undoubtedly put an enormous
amount of grief and anxiety
on the family and friends of
Cantor. Why can't Cantor's
death be accepted as the hor-
rific and un-complex tragedy
that it is?
I am not a member of a
fraternity and have no bias
either way. My viewpoint is
this: Cantor was obviously an
intelligent girl who came from
a good family. I also doubt that
the night of her death was the
first time she had been
exposed to alcohol. She knew
the effects of alcohol and what
she was getting into. Whether
or not the fraternity supplied
the alcohol is irrelevant.
Attend any party on a
weekend in Ann Arbor and
bottom line there will be alco-
hol there. How many students

A new year; a
new semester; a
new you?
S o we're all back for the final semester
of the school year, winter term '99.
We've had our breaks, celebrated our hol-
idays and maybe, if we were lucky, trav-
eled to a place where the sun was not a
stranger. We rang in the New Year with
alcohol and kisses and promised that this
upcoming year, the
last of the 20th
Century, was going
to be different, fun
wild, zestful, excit
ing, enlivening
exhilarating, sponta-
neous, stimulating
and thrilling. Then
we came back to
Ann Arbor.
CRISPing, swap-
ping, dropping and SACYRA
adding, stomping LOCKYER
through barely
plowed streets, wait-
ing inridiculous lines for ridiculously
over-priced books and having to wear so
much clothing that it's impossible to deci-
pher who's who, not to mention what sex
they are, are just a few of the m my rea-
sons why a Michigan winter is an experi-
ence we all could do without. But it des-
n't end there. It seems that when the tem-
perature drops and the snow falls, we all
lose whatever small amount of common
courtesy we happened to possess. Taxis
are like manna from heaven and God help
anyone who tries to take one without first
fighting over whose cab it realy is and
who called for it. And sharing? Well, that's
out of the question. And forget about mov-
ing your car for someone else, even your
housemates - with this much snow, its
simply better to walk.
But even though winter can depress us
all, this first month of 1999 should be a
time to change. New Year's resolutions
should be seriously thought out and fol-
lowed. Not the usual resolutions like "I'll
exercise," "I'll stop drinking soda" or "I'll
actually go to class," but resolutions that
will make everyone here at the University
a little bit happier. If you're not sure what
can help, let me give you a few examples.
The B-School Brats:
I will not talk incessantly about inter-
views, salaries or signing bonuses. I will
not pretend to enjoy reading The Wall
Street Journal, nor will I check quotes of
stocks that I do not own. I will not suc-
cumb to the pressure of looking, walking,
talking and dressing just like everyone
else in the B-School, and I will not let the
Big Six determine my worth (unless they
deem it to be more than 60K).
The rat Rats:
I will not shop at Abercrombie, Eddie
Bauer or the GAP. I will shave at least
twice a week. I will buy alcohol only if I
am of age; if not, I will find someone of
age to buy it, preferably without a frater-
nity check. I will not let "March
Madness" lower my grades nor my bank
account. I will not let Greek Week deter-
mine my worth (unless I win the Mr.
Greek pageant).
The Sorority Sirens:
I will not shop at BeBe, Deisel or
DKNY. I will not let my jeans get any
tighter, my shirts get any lower, nor my
heels get any higher. I will not fake a
New York accent anymore, my real one
is annoying enough. I will actually wait
in line outside Rick's and Touchdown's
like all the lay people -- this also means
that I will not hook up with the bouncer
so that he lets me in when it's snowing.
I will not let anyone else determine my
worth (unless, of course, he really likes
me and promises to call).
The Tenacious TAs:

I will stop pretending that I'm really
excited about this class; everyone sees
through it anyway. I will cut students
some slack; I was there only two years
ago. I will not believe that long hair for
guys and short hair for girls, dirty clothes
and the haven't-showered-for-a-week
look are prerequisites to teach in LSA. I
will not let the professor determine my
worth (unless he can get me a grant, or
maybe even a great recommendation).
The Enigmatic Engineers:
I will leave North Campus every
other week, if not to enjoy myself then
at least to see what people do when
they're not studying. I will learn how to
write, one course in LSA is really not
enough. I will not look down upon those
who can't get jobs upon graduation, not
everyone can be as smart as the
University's engineers. I will not let the
Big Three determine my worth (unless
they offer to pay for graduate school).
The Slacker Students:
I will be thankful that my parents are
paying for an "independent studies"
degree. I will attempt to tone down my
"free spirit" talk - it sometimes back-
fires when professors aren't interested. I
will not eat at the Brown Jug more than
two days in a row, nor will I continue to
freak out customers at Village Corner. I
will not let the number of skipped classes,
the amount of work not done, nor the
amount of Backroom I can eat determine
mwo irth (unless it really i worth noting).

0

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Trial of censorship
High Court should hear pornography case

puritanism more suited for 18th century
America is being enforced in New York
City with the blessing of the U.S. Supreme
Court. The Court recently decided not to hear
a pair of appeals by adult-oriented businesses
that stand to be ruined by new city regulations
aimed at sex shops. The decision keeps in
place U.S. Court ofAppeals judgements legit-
imizing new laws that forbid adult dance
clubs, bookstores, massage parlors and the-
atres from operating within 500 feet of resi-
dences, churches, schools or even each other.
In the wake of the Court's decision, the
more than 150 New York City businesses
deemed "adult" will have to close down,
change the nature of their business or move to
an area wherethey can legally operate under
the new regulations. In a city as dense as New
York, any such business would find it
extremely difficult, if not impossible, to oper-
ate under the city's regulations. Although the
Supreme Court's decision does not set a con-
crete national precedent, it still gives credence
to the efforts of any other city attempting to
regulate adult businesses out of existence.
Historically, legally "obscene" material
has not fallen under the umbrella of the First
Amendment. But it is no mystery that the
courts have yet to author any sort of empirical
definition of obscenity - Justice Potter

business's appeals, the Supreme Court has
once again lost the chance to better define
obscenity and end abuse of the loophole that
has been the sole weapon of censorship cam-
paigns against everyone from author James
Joyce to photographer Robert Mapplethorpe.
Any sympathy for the patrons and pro-
prietors of sex shops is bound to be in short
supply; nevertheless, pornography is still
free expression and should be protected. All
governmental attempts to create a morally
homogenous population should be detested
- even those that limit expression of ques-
tionable social merit. To allow local govern-
ments to over-regulate pornographers to the
point where it is nearly impossible for them
to* do business bestows local government
with the leverage to outright ban material it
deems obscene.
Some might be inclined to dismiss the
Supreme Court's ruling and New York City's
new laws against adult businesses on the
grounds that they are simply anti-pornogra-
phy measures. With an open loophole and a
high court that is not willing to take on the
matter, those intending to censor others can
use the regulation as a means to do away with
other types of speech - not just pornogra-
phy. Apathy toward governmental action
against any sort of expression is counterpro-

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