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April 13, 2000 - Image 9

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Publication:
The Michigan Daily, 2000-04-13

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The Michigan Daily - Thursday, April 13, 2000 - 9A

PETER CORNUE/Daily
University lawyers Craig Goldblatt and John Payton and University Deputy
General Counsel Liz Barry exit the Ann Arbor Federal Courthouse yesterday.
Judge to handJ own

decision im
HEARING
Continued from Page 1A
University attorney Leonard
Niehoff argued that the University
has "already supplied the plaintiff
with enough information in accor-
dance with FERPA."
Miranda Massie, lead attorney
for the intervening defendants, also
argued against releasing the files,
saying the files "are absolutely
unnecessary to the plaintiff's case,"
adding that CIR, by asking for the
files, is looking to attack the "tiny
and embattled number of minori-
ties at the Law School."
But Kobel insisted that he and
his colleagues are entitled to the
files to make their case. "We just
don't see any privacy considera-
tions under FERPA are relevant
here," he said.
"We're pleased with the deci-
sion," Kobel said after the hearing..
But Law student Jodi-Marie
Masely said CIR's file requests
have darker intentions.
"It's a fishing expedition to dig
up dirt to cast aspersion on the
academic achievements of minori-
ty students at the Law School,"
Masely said after the hearing.
"They aren't going to find what
they are looking for."
In August, the Sixth Circuit
Court of Appeals allowed 60 inter-
vening defendants, including
Masely, into the case to defend
their interests.
The second part of yesterday's
hearing focused on a motion sub-
mitted by University lawyers
requesting a restructuring of the
class action status of the Law
School.case.
In 1998 Friedman granted a CIR
motion to establish the class as all
white applicants denied admissions
to the Law School from 1995 to

2

weeks

the present.
The University's lawyers asked
Friedman to reconsider the struc-
ture of the class, basing their argu-
ment on two recent Supreme Court
decisions, LeSage v. Texas and
Fiberboard v. Ortiz.
University attorney John Payton
argued that the structure of the cur-
rent class status is "wrong."
"There is not a single member of
this class that has been officially
informed of this case," he said,
adding that "members are in whether
they want to be or not. Clearly this
class needs to be decertified."
CIR attorney David Herr argued
that the structure of the class is
appropriate.
"We know as a class (whites)
have been deprived of their consti-
tutional rights," he said, claiming
that the two Supreme Court cases
the University's defense team cited
are not applicable.
After conducting research into
the history of class action suits,
Massie said they have traditionally
been based upon the notion of "the
victimized and the disenfranchised
against the oppressors."
"There is no reason for (whites)
to be represented," Massie said.
Herr contended that a restructur-
ing of the class status would lead to
further delays in the trial. "We think
we should proceed to trial," he said.
But Payton said both sides could
"work things out" to prevent such a
delay.
University Deputy General
Counsel Liz Barry, who was in
court with General Counsel Mar-
vin Krislov, said last night that "the
rights we are arguing are funda-
mental. It is important to have the
right party in this class."
Fri'edman said he will hand
down a written decision on this
motion in two weeks.

IFC
Continued from Page 1A
The amendments calmed many rep-
resentatives' fears about the clarity of
the policy. "I think this was a big step
for the IFC, it shows we're committed
to putting an end to hazing at the Uni-
versity of Michigan. It shows we're
willing to take responsibility for our
own actions and it shows again that
we are committed to self-gover-
nance," said David Singer, co-chair-
man of the Hazing Task Force.
The ratification of this policy fol-
lows a University recommendation
that the Greek community create its
own policy before the end of this
semester.
"I think this policy lays down the
foundation of what we are working
toward. This is what we need before
rush and this will assure freshmen
that we do have a policy," said LSA
sophomore Scott Mascianica, a repre-
sentative of Beta Theta Pi.
But many chapter representatives
expressed concern that IFC might
have rushed to pass this policy.
"There were logistical problems
that I was concerned about and I felt
we still had time to work it out. It's
not something that needs to be rushed
into," said IFC Vice President for
Social Responsibility Michael Lover-
nick, a Kinesiology junior.
IFC President Adam Silver also
recognized the need to work on the
policy but said he was happy with the
ratification nonetheless.
"I am very pleased. It's not a per-
fect policy, it's something we can
work with. It's something we can pre-
sent to rushees and parents, that we
have a mechanism for dealing with
hazing on campus and that the IFC
has no tolerance for hazing of any
kind," said Silver, an Engineering
senior.
Hazing Task Force members said
they hope the BGA will also vote to
approve the policy.
"We're thrilled that two-thirds of
the Greek community have ratified
and embraced this policy and we're
hoping that the BGA joins IFC and
Panhel in ratifying this," Singer said.
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ZBT
Continued from Page 1A
next day, the pledge visited University Health Services,
where he was treated and referred to a dermatologist.
UHS officials informed the pledge that the scars may
be permanent.
But both the pledge, whose name has not been
revealed, and the chapter maintain that the incident was
an accident.
"There is absolute responsibility being placed on the
individual involved. The question is how much respon-
sibility we can place on the chapter as a whole," IFC
Vice President for External Affairs Jerry Mangona
said.
IFC is investigating both the individual and the chap-
ter.
"We're concerned that the culture of this chapter
accepts and encourages activities like these," Hustvedt
said.
In response to the incident, ZBT members quickly
initiated the chapter's pledges, the two sources within
the Greek community said.
The national organization of ZBT does not support.a
pledge program. New members are supposed to be con-
sidered full and active members immediately after
rush.
In addition, the chapter's liaison to the national orga-
nization resigned shortly after IFC issued the chapter's
suspension March 31.
This is not the first allegation of hazing at ZBT.
"Earlier in the year we had received concerns from a
parent of a new member about hazing activities in the
chapter, but due to a lack of specific information, we
were unable to make a formal investigation," Hustvedt
said. "However, we did alert their nationals who to our

knowledge have done nothing about it."
After losing its charter several years ago, ZBT recol-
onized last fall with many members of the now defunct
University chapter of the Phi Delta Theta fraternity.
Phi Delta Theta lost their charter last January fol-
lowing an investigation into the death of University
student Courtney Cantor, who fell out her sixth-floor
window at Markley after she was seen drinking at the
fraternity's house.
Ten members of the fraternity were charged with
serving alcohol to minors and allowing minors to con-
sume alcohol on the chapter's premises. Five also faced
charges for using false identification to purchase alco-
hol.
"One of the sanctions under consideration is the
expulsion of ZBT from IFC. If this were to happen,
none of the members from ZBT would be allowed to
affiliate themselves with any other IFC organization,"
Mangona said.
If ZBT is expelled from IFC, the future of their
property may also be in question.
"Right now we are working with the city of Ann
Arbor to enact an ordinance disallowing fraternities
unaffiliated with IFC to meet zoning regulations of the
city, meaning ZBT would be disallowed from occupy-
ing their house if they were not a member of IFC in
good standing," Mangona said.
The Department of Public Safety is not currently
involved in IFC's investigation, but there is a possibili-
ty of DPS aiding in a criminal investigation, Hustvedt
said. The investigation remains with IFC for the time
being.
"What we're looking to do is bring this to a formal
judicial hearing with the chapter when we feel com-
fortable that we have a comprehensive case," Hustvedt
said.

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