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 0 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- 0