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February 4, 2003
@2003 The Michigan Daily
Ann Arbor, Michigan
Vol. CXIII, No. 95

One-hundred-twelve years ofeditoralfreedom

cloudy with
light winds
and snow
showers in
the evening.

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NCAA council
may consider
future sanctions

LEFT: Philosophy Prof. Carl Cohen, who has been a faculty member since 1955, watches Jonathan Alger, University assistant general counsel,
defend affirmative action in the Law School's Hutchins Hall yesterday. Cohen presented the opposing view.
Pros educate cam s on race is'sues

By James Whst
For the Daily

placed hea
ages and t

In an effort to educate the University com- factors into
munity on affirmative action, students attended RC Phil
"Outlook on Affirmative Action," an event tant Profes
sponsored by the Michigan Student Assembly Law Phili
and LSA Student Government yesterday after- policies of
noon. The event featured opposing perspectives schools w
on the legality of affirmative action and race- interim D
based admissions in higher education. Assistant
Undergraduate Admissions Director Ted defended t
Spencer and Law School Admissions Assistant Cohen
Director Sarah Zearfoss summarized their wrong be
respective policies. Both admissions policies "When dis
Gov. estimates
More cuts for
* higher ed.
By Dan Trudeau
Daily Staff Reporter

vy importance on grade point aver-
est scores while taking many other
osophy Prof. Carl Cohen and Assis-
ssor of Law at Ave Maria School of
p Pucillo argued the admissions
f LSA Undergraduate and the Law
ere unconstitutional. Former LSA
ean Patricia Gurin and University
General Counsel Jonathan Alger
he admissions policies.
said the University's policies are
cause they discriminated by race.
crimination is exercised by the state,

it's egregiously wrong," Cohen said.
Pucillo presented a summary of the Regents
of the University of California v. Bakke case. In
1978, the Bakke case declared quotas in admis-
sion policies illegal and unconstitutional, but
race can be used as a factor. Pucillo said the
Law School's policies hide quotas through their
admission standards. "Spaces were reserved or
protected for certain students," he said. He
added the majority of the U.S. Supreme Court
justices had not declared diversity to be reason
for discrimination. "Diversity has not been rec-
ognized by the majority of the Supreme Court
See DEBATE, Page 7

'U' representatives will meet
with NCAA to discuss repercussions
Ed Martin scandal
By Seth Klempner
Daily Sports Writer
The Ed Martin scandal, which started seven
years ago to the week, is inching toward its
deathbed. But it will be at least six to eight weeks
before it finally breathes its last.
An eight-member team representing Michigan.
headed down to the Hyatt
Regency hotel in Coral
Gables, Fla. to meet before
the NCAA's Committee on
Infractions yesterday. The
group will be there to answer
questions regarding $616,000
in "extra benefit" payments
made to four former Michi-
gan players by Martin, a for-
mer basketball booster for
the Wolverines. Ed Martin
The meeting starts this morning and is expect-
ed to last most of the day. Similar meetings have
been known to last more than 10 hours, with
detailed questions being directed toward the
Michigan team and NCAA investigators.
The wheels were set in motion to bring this
meeting about on the morning of Nov. 7,
when Michigan released its response to the
NCAA's letter of inquiry and levied self-
imposed sanctions on its basketball program.
Michigan President Mary Sue Coleman called
it "a day of great shame."
The sanctions included a one-year postseason
ban, two years of probation and the removal of
championship banners from Crisler Arena.
Michigan also returned approximately $450,000
that it received from postseason play during the
time of the alleged payments.
Head coach Tommy Amaker said he hoped the
NCAA won't deliver further penalties.

"We wouldn't have done them if we didn't
think it was right," he said. "We feel we have
done what is right, and that is what we are always
going to do and that is what we are going to say."
Steve Fisher and Brian Ellerbe both served
terms as head coach during the time that the
NCAA infractions occurred.
The NCAA's Committee on Infractions can
choose to deliver further sanctions on the basket-
ball program or simply accept the University's
self-imposed penalties. The University expects to
receive a response from the NCAA within six to
eight weeks of tomorrow's hearing.
"I was expecting to deal with this issue the
very first week I came on the job, and three years
later we are finally just about on the goalline,"
Michigan Athletic Director Bill Martin said.
"That is why I am looking at (today) with such
great anticipation. We can't wait to put this
behind us. It is up to our peers to judge us now."
The NCAA Committee is composed of 10 peo-
ple, and is chaired by Tom Yeager, commissioner
of the Colonial Athletic Association. Seven of the
members are from NCAA member institutions
and three are from the general public.
Making the trip down to represent Michigan
will be Coleman, Amaker, Bill Martin, University
General Counsel Marvin Krislov, director of
NCAA compliance Judie Van Horn, faculty rep-
resentative Percy Bates, Big Ten commissioner
Jim Delany and NCAA infractions expert, Mike
Glazier of the Kansas City law firm of Bond,
Schoeneck and King.
"I think it is important that President Coleman
set the bar with respect to how important compli-
ance with respect to NCAA rules are to Michi-
gan," Martin said. "She will set the tone for our
overall presentation. She is a very experienced,
and an incredible leader at a major institution, so
she adds tremendous credibility."
Glazier has been helping Michigan investigate
the scandal from the very beginning. According
to Michigan spokesman Bruce Madej, Glazier
will be the primary respondent to questions
See MARTIN, Page 7

He loves me, he loves me not

Group files suit against
Bush protesting war

JACKSON - "Nearly 20 percent of the services we pro-
vide with the state general fund, we cannot afford. ... We've
got to cut spending," Gov. Jennifer Granholm said yesterday at
a roundtable meeting at Jackson High School.
The meeting brought the Jackson area's business, legislative
f and community leaders together in a public forum to discuss
the potential impact of imminent cuts in funding for a wide
variety of state programs, including higher education.
The governor estimated that funding for higher education
and public universities, which makes up 26 percent of the $8
billion general fund, will suffer from a 3.5 percent cut this year.
These numbers are up from a 2 percent cut that was proposed
by former Gov. John Engler in December.
The governor said that while education remains one of her
top priorities, she believes the majority of people in Michigan
would place K-12 education ahead of higher education. She
also suggested that universities would have to be resourceful in
finding other means of funding.
See GRANHOLM, Page 2
Research su
rates college;
' percent plans'
By Mada Sprow
Daily Staff Reporter
Despite President Bush's announcement last month hailing
the percent plans used in Florida, Texas and California state
universities as successful race-neutral approaches to ensuring
diversity in higher education, university officials in those states
say the plans were never meant to fully take the place of affir-
* mative action.
A Harvard University study released last week sought to
discover how successful percent plans have been, as well as the
reasons why they do or do not work. The study corresponded
with the opinions of many university officials whose states
have the plans by concluding percent plans are not an effective
replacement for affirmative action.
The "Percent Plans in College Admissions: A Comparative
Analysis of Three State's Experiences" study, completed by the
Civil Rights Project at Harvard, concludes that "although these
plans have been presented as effective alternatives to race-con-
scious affirmative action ... it is incorrect to attribute any sig-
nificant increase in campus diversity to a percent plan alone."
"The percent plan was designed as a substitute after we
could not use affirmative action, but it is not the same as affir-
ca AflRiweinfiuc Pns 7

By Andrew McCormack
Daily Staff Reporter

U.S. Rep. John Conyers (D-Detroit) and five
other members of Congress joined a small group of
soldiers and some soldiers' parents in litigation yes-
terday against President Bush and Defense Secre-
tary Donald Rumsfeld. The lawsuit hopes to restrict
the president from initiating military action in Iraq
without a declaration of war from Congress.
"We can claim that on October 14 Congress gave
the president the power to do what he wanted in the
Mideast," Conyers said. "The lawsuit argues that
that resolution didn't give the president power to
declare war on Iraq."
A major point of the lawsuit states that Con-
gress' prerogative to declare war was given by the.
Constitution and thus cannot be taken or given
away, even by a Congressional resolution like the
one made last October.
But some legislators find this reasoning shaky,
claiming that precedent makes this interpretation of
the Constitution obsolete. "Congress, with an over-
whelming majority ... has given (many) presidents
the ability to wage war without a declaration from
Congress," said Rep. Pete Hoekstra (R-Holland),
adding Congress has not made a formal declaration
of war since World War II.
But Conyers claims there is no precedent for
this sort of action. "(A declaration of war)
isn't required anymore? Wrong," he said. "We
have to look at each situation individually....
Korea was a U.N. action, Vietnam was a police
action and (a special Congressional resolution)
got us through the Gulf War."
Conyers said many citizens are grateful for this
lawsuit. "I've got thousands of people calling me

from all over the country, thanking me that the
Constitution means what it says and no one can
change that, not even King George."
But Hoekstra said Conyers' action is prema-
ture. "We're predicting what the president
may do with incomplete information. ... The
president has decided that going to war is not
an appropriate use of force today, but that may
all change in the next two to four weeks," he
said. "When we get all the information, we
will have some better indication as to what an
appropriate use of force is."
Legal experts said litigations like this have a his-
tory of failure.
"We had this in the Vietnam War," said Universi-
ty of California at Berkeley constitutional law Prof.
Jesse Choper. "The complainant lost (and) the
courts refused to grant what they wanted - injunc-
tions or declaratory judgments.... The bottom line
is that, although you may find an occasional federal
district judge that will occasionally go along, it
doesn't last - the courts won't touch it."
"This is a political question, not a judicial one;'
he added.
Other experts, like Georgetown University
Constitutional Law Prof. Susan Bloch said his
actions are most likely not motivated by a
hope of winning this case. "There's a lot of
hurdles and I think he knows that," she said.
"It's a way of his group showing their disap-
proval of Bush's actions"
"I doubt he thinks he will win" she added.
But some students like LSA junior Megan
Stevenson said she applauds Conyers for making
the lawsuit. "Having people present opposing view-
points is healthy," she said.

Engineering sophomore Laura Gadzala strips a rose of its thorn
at Normandie Flowers on South University Avenue yesterday.

GEO to picket, support 'U' librarians' cause

By Tomislav Ladika
Daily Staff Reporter
Lack of commitment by the University to training employ-
ees of the Residence Hall Libraries coupled with a disregard
for sexual harassment claims may lead to another labor strike
this spring, according to Graduate Employees Organization
The librarians have not yet decided whether they will organ-
ize a strike, but GEO is planning to picket from March 21 to

care complaints, GEO President Dan Shoup said after the
organization's meeting last night.
Rackham student Alyssa Picard, GEO's chief negotiator last
year and a current advisor to RHL, said the librarians are seek-
ing a written commitment from the University providing them
with training on how to run libraries.
"They did not have a contract before, and the University did
not do any training," she said. "They really want to be well-
trained, and the University has told them it doesn't want to be
constrained by contract language that requires the University
to nroviide training."

RHL members are permitted to strike because they are not
contracted employees.
Librarians have also been subjected to "situations that meet
the legal definition of sexual harassment," Picard said. East
Quad Residence Hall librarians were instructed to play an ice
breaker called "Ride the Pony," she said, where librarians walk
around a circle of seated librarians and rub their pelvises
against them.
But when one female librarian complained to her
supervisor that she felt harassed, the supervisor
See GEO. Page 3

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