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January 11, 2001 - Image 7

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Publication:
The Michigan Daily, 2001-01-11

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The Michigan Daily - Thursday, January 11, 2001 -- 7A

1

Riot policy clarified

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Michigan State's revised riot
policy holds students responsible
for actions at other universities
By Laura Deneau
Daily Staff Reporter
Embarrassment due to riots on Michigan Sate
University's campus after it's men's basketball
team lost to Duke in the 1999 final four tourna-
ment, has brought about major changes in the
school's riot policy.
"No one was more embarrassed by what hap-
pened two years ago than the students of Michi-
gan State," said Dave Porteous, a member of the
Michigan State Board of Trustees. "There has
been considerable debate between faculty, staff
and students to come up with a policy that had
widespread support."
Although rioting has not been a major problem
at the University of Michigan recently, riots have
occurred in the past, as in 1989 when the men's
basketball team won the National Title against
Illinois.
At last month's Michigan State Board of Trustees
meeting, the interim policy on riot related issues was
revised to set up a more judicious means of disci-
plining riot offenders. k
Under the new policy Michigan State can pun-
ish students for riot behavior that occurs off cam-
pus, on other University campuses and local
government jurisdictions adjacent to campus.

"We've never had an off-campus policy before,"
Michigan State spokesman Terry Denbow said.
The new policy also says both the school's judicia-
ry board and local officials can punish students
caught violating the policy.
"The fact that a student is punished by a court sys-
tem doesn't mean that we as a university should do
nothing," Porteous said.
Punishment for rioting can be anything as harsh as
expulsion from school, Porteous said.
But the new riot policy was not supported by
everyone, resulting in a decision of six members
for, one against and one abstention at the
Trustees meeting.
"Punishing students who have not yet been
found guilty by a court of law is an inappropri-
ate role for the university," said Colleen McMa-
mara, chair of Michigan State's Board of
Trustees, which voted against the new policy.
Some MSU students agree with McMamara's
position.
"Punishment should be carried out by officials
in the community that suffered," Michigan State
sophomore Steven McConnaughey raid. "After
that the university may have reason to punish the
student."
Others however, feel that the policy will help to
improve the school's reputation by making students
responsible for actions that reflect badly on it's disci-
plinary system.
"Wherever you go you should be responsible
for what you do, and just because you're at
another school, the rules still apply and you are

at MSU3
still accountable," said Stephen Williams, sopho-
more of the College of Business at Mictgan
State.
But McMamara said that a number of sc&,ols
throughout the country with policies similarto
MSU's, "don't demonstrate that their policiesfter
rioting."
Behavior termed rictous by Michigan State'$, -
dent Disorderly Conduct Policy, includes the aioi
of five or more people "who engage in violent co-
duct and thereby intentionally or recklessly causv:qi-
create a serious risk of causing public terrorior
alarm."
Denbow stressed that students assembled in
crowds are not punishable under the new policy
unless they are involved in a riot situation :At
the University of Michigan, riot behavior is not
directly addressed in the Code of Student Con-
duct.
"Under our code we can already respond to that
type of behavior so we don't need a specifie-t7t
policy" said Keith Elkin, director of the officeof
student conflict resolution. Some students befiMe
that the lack of a specific riot policy at the 'Jg-
versity is due to the fact that rioting is not a 1;
problem here.
Off-campus behavior that is punishable by the
University is restricted to behavior that "posos..
obvious and serious threat or harm to any member of
the University community"
Also different from Michigan State, students here
are not disciplined until they've had a hearing, in
court.

Judge may send 'U'

bus driver to.trial

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CAIN
Continued from Page 1A
Since Marchyok's death, the city
has changed the traffic signal at the
intersection so traffic in all four
directions must stop while pedestri-
ans cross.
Hines heard 3 1/2 hours of testi-
mony yesterday from eyewitnesses
who stated that Marchyok was
stepped hurriedly into the street and
had her vision blocked by a black
umbrella she was using to shield her-
self from the driving rain.
"I saw a woman st:L to cross the
street toward the parking structure,"
said Vladimir Makrov, an Ann Arbor
resident who was driving immediate-
ly behind the bus on Catherine.
"I thought, 'Oh my God,' it was

inevitable that there would be a colli-
sion," Makrov said. "She was not pay-
ing attention that there was a bus."
David Rotar of Brighton, who
was stopped at the red light while
traveling southbound on Glen, tes-
tified that he was certain
Marchyok never saw the bus as it
turned into her path. Marchyok
was soaked and walking briskly
through the rain with the umbrella
in front of her, Rotar said, and she
paused only momentarily before
stepping out into the street.
"If she stopped, she stopped just
briefly for a second or two," he said.
"Both hands were on the umbrella
if I remember correctly," Rotar said.
"I started beating on my window to
try to get her attention, but it didn't
work."

SAM HOLLENSHEAD/Gailv
Daryl Cain, a University bus driver charged with negligent homicide, looks on as
Washtenaw County Assistant Prosecuting Attorney Donald Ray speaks yesterday.

[In your eyes

. .e

-'Whitley to stand i
,trial on weapons

charge next mont
and placed him under arrest.
The officer then located in Whit-
Continued from Page 1A ley's interior jacket pocket a jdn-
complex, Dreslinski said he found nings 380 Auto semiauto int' ,
two vehicles that struck him as handgun with swven rounds n the
"strange" in the parking lot - a magazine.
green Mercury Mountaineer regis- After no evidence of a bre'Wkin
tered to Terrell that was facing the was detected at the apartment, Te-
street and a Ford Explorer regis- rell was released, but the offict'crs
tered to wide receiver Marquise took Whitley to the police stat o-on
Walker that was backed into a for questioning.
space. During an interview with Des-
The engines of both vehicles linksi, the officer testified, Whitley
were running and Terrell's Moun- told him his teammate asked him to
taineer had its headlights on. come to Terrell's ex-girlfriend's
As he and another officer apartment to help mediate a dispute
approached the building, Dreslinksi with her current boyfriend.
said, they attempted to stop Terrell The two met at Bell's Pizza 'and
and Whitley, who were walking then traveled to the apartment aTf'w
toward them. blocks away.
Dreslinski testified that Whitley Whitley brought the gun with him
initially resisted the officers as a precaution, he told police."
attempts to subdue them, saying, "He indicated that he hadci'"m
"We haven't done anything." case things turned to, qi'ot,-
When the officers began patting unquote, 'shit,"' Dreslinski quoted
the subjects down, Dreslinski said, Whitley as telling him that morn-
he felt a "heavy object" on Whitley ing.

AP PHOTO
Valerie Mayle of Ford Motor Co. demonstrates an Instrument that records eye
movements at the North American International Auto Show in Detroit yesterday.

Other universities deal with admissions issues

ADMISSIONS
Continued from Page1A
level," Faulkner said.
But Walker said if Hopwood is overturned,
Texas would incorporate affirmative action with-
out sacrificing the recently-developed programs.
He added that while the undergraduate minority
numbers are doing well, the graduate schools
"haven't had the same amount of success."
Texas constitutional law prof. Douglas Laycock,
said that while the university is "caught in a procedural
bind, Hopwood III was encouraging."
Liz Barry, deputy general counsel for the Universi-
ty of Michigan, said while Hopwood Ili has no
immediate effect on the upcoming Law School trial,
it's still significant in the cause of affirmative action.
"Of course, like the other two Hopwood decisions,
this has no direct bearing on our case because our

efit from it, Because of Initiative 200, a
statewide vote in 1998 that abolished affirmative
action policies at public institutions, Washington
currently operates on a color-blind admissions
system.
University of Washington spokesman Bob
Rosette said the school's efforts to maintain
minority enrollment parallel the efforts in the
state of California.
"We're in the same situation," Rossette said.
At the University of California system, where
racial preferences at universities and other public
institutions was abolished with 1996's Proposi-
tion 209, the universities are fighting to build
underrepresented minority enrollment.
While minority acceptance rates have been
increasing among the schools since the end of
affirmative action, minority enrollment continues
to be far below pre-Prop. 209 levels, according to

"of course, like the other
two Hopwood decisions,
this has no direct bearing
on our case.."
~z Berry
University deputy general courTsoj
cation of current admissions policies, posibl-
including alteration of the use of SAT scores.
"We intend to evaluate these issues carefully,
mindful of our legal obligations under Proposi-
tion 209 and of our responsibilities to the stb-
dents of California," King said in the statemeiit.
The University of Georgia battled charges

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