be 1MicI~igan0a6IVj Ann Arbor, Michigan PATROLLING THE CAMPUS POUCE DPS cmte. concerns aired at MSA Wednesday, November 18,2009 SMASHING THE SCARLET AND GREY michigandaily.com On advise of'U' General Counsel, MSA had ignored issue until yesterday By MALLORY JONES Daily StaffReporter Medical School Prof. Douglas Smith finally got the chance to speak to the Michigan Student Assembly last night about his con- cerns over the Department ofPub- lic Safety Oversight Committee. His comments came after months of pushing members of the assem- bly's executive board to meet with him regarding those concerns. The executive board members had refused, to meet with Smith after the University's General Counsel's office advised them not to meet with him. Ambreen Sayed, MSA chief of staff, said Smith contacted her and asked about the appointment of students to the DPS Oversight Committee - a body comprised, per state law, of students, faculty and staff members charged with holding DPS accountable for its actions. But MSA executive officers said they chose not to meet with Smith after they were advised by the University's General Counsel not to discuss the DPS issue with him. Smith said that he thinks the General Counsel's office is respon- sible for him not being allowed to meet with the executive board. "I blame that mostly on the General Counsel's office but I think the University administra- tion should trust the students to be able to listen to both sides of an argument and make a good deci- sion," he said in an interview after the meeting. An article published in The Michigan Daily Monday reported that the DPS Oversight Com- mittee has had a track record of neglecting internal procedures - a fact that lawyers quoted in the article suggest puts the University in violation of state law. Problems surroundingthe body include periods of time during which the committee lacks stu- dent representation, the failure to hold elections for faculty repre- sentatives every year and varying participation rates for staff repre- sentative elections. Additionally, concerns have arisen regarding the committee's light load of grievances and the infrequency of its meetings. Sayed said she felt that a meet- ing with Smith was unnecessary because she had addressed Smith's concerns about how student rep- resentatives were appointed to the DPS Oversight Committee. MSA Vice President Michael Rorro said that the executive board made a decision not to allow Smith to speak based on a recom- mendation made from the Univer- See OVERSIGHT, Page 3A MARISSAMCCLAN/Daily LSA senior Mike Rorro helps raise money for C.S. Mott Children's Hospital yesterday by smashing a car in Go Blue, Beat OSU Car Bash at the Sigma Chi house on State Street. The event marked the beginning of Go Blue, Beat OSU week - a week of festivities leading up to the Ohio State football game on Saturday. LIIG ATwIOrN R EPsRT In awsit juyrlsfo h U Research assistant sued 'U' for wrongful termination By JENNA SKOLLER and STEPHANIE STEINBERG Daily StaffReporters A Washtenaw County jury ruled in favor of the University of Michi- gan Board of Regents yesterday in the Whistleblower's lawsuit brought by Robert McGee, a former University research assistant. McGee, 54, filed a lawsuit against the regents after he was terminated from his position as a research assistant in the Nuclear Engineering and Radiological Sci- ences Department. McGee alleged that he was wrongfully removed from his position because he filed complaints about potential safety violations in the laboratory. Throughout the case, Christine Green, McGee's attorney, empha- sized that the case falls under the Whistleblower Protection Act, which protects employees who report misconduct in the work- place. The seven-member jury found that while McGee did engage in activity protected under the act, he was not discriminated against in the termination. Over the course of the trial, the defense tried to prove that McGee was an inadequate student and that the decision to terminate him from his position was made well before he reported the safety violations. David Masson, the attorney for the University, declined to com- ment on the case, but University spokeswoman Kelly Cunningham said University officials were "very pleased" with the results of the trial. "It clearly shows that Prof. Mike See WHISTLEBLOWER, Page BA THE LAWS OF MUSIC SERIES: OFFkE HOURS Profs talk 'don't ask, don't tell' Un wei rel I Sin( the "d of the has b eral la Clinto tiversity experts making their sexual orientations public while actively servinginthe gh in on Obama's military. Initially enacted in an effort to ictance to revise protect the well-being of the gay po c community in the armed forces, nilitary policy many believe the policyhas actual- ly had the opposite effect, prompt- By ALLIE WHITE ing the discharge of upwards of Daily StaffReporter 12,000 service members since its inception on the grounds of sexual ce its introduction in 1993, orientation, whether actual or sus- on't ask, don't tell" policy pected. United States armed forces The Michigan Daily sat down een controversial. The fed- with four University experts on w, signed by President Bill the topic from several disciplines, n, prohibits gay people from including women's studies, psy- chology, history and theories of sexuality to get their take on the subject. While the experts believe that President Barack Obama is an ally of the gay community, they are anxious for the changes that his campaign platform promised. During his campaign and since his election, Obama has advocated for the repeal of the policy. At the Human Rights Campaign dinner last month, he said definitively: "I will end'don't ask, don't tell'." The American public, for the most part, appears to be on the See OFFICE HOURS, Page 3A Members of the Law School Classical Music Society practice in the Michigan Union yesterday. The group was preparing for its event "Bach's Lunch," which will take place in the Lawyer's Club lounge on Friday at 12:15 p.m. AFFIRMATIVE ACTION Challenge to affirmative action ban heard in appeals court ST UDYN G IN HE STATES Report: 'U' among top destinations for international students' studies Three-judge panel will consider constitutionality of 0 2006 state-wide ban By JOSEPH LICHTERMAN Daily StaffReporter Opponents of Michigan's 2006 Civil Rights Initiative that banned public institutions from using affir- WEATHER HI: 50 TOMORROW LO: 40 mative action had their day in court again yesterday. A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati heard oral arguments from both sides regarding the legality of the state's constitutional amendment. The ballot initiative - when it was on the ballot as Proposal 2 - amended the state's constitution by barring all state institutions and agencies, including public universi- ties, from using any programs that show preference based on race, gender, national origin or ethnicity. The measure passedby a 58-42 per- cent margin. The main plaintiffs in the case are the state of Michigan, Univer- sity of Michigan, Michigan State University and Wayne State Uni- versity. In a brief written to the 6th Cir- cuit Court, the universities stated that they wished to be removed from the lawsuit. See SIXTH CIRCUIT, Page 8A Wit Mic 6 in A re Institr tion s. a pops studen list of intern Wit tional h 5,790 students, academic year, the University of Michigan places just behind Pur- chigan ranks No. due University with 6,136, the University of Illinois at Urbana- national survey Champaign with 6,570 and Colum- bia University with 6,685. The By ALLIE WHITE University of Southern California Daily StaffReporter and New York University topped the rankings with 7,482 and 6,761 rcent study conducted by the students, respectively. ute of International Educa- John Greisberger, director of hows that the University is the University's International ular destination for foreign Center, said that while these tts, ranking at No. 6 on a numbers are accurate, they differ U.S. colleges with the most slightly fromthe University'snum- ational students. bers in that they include students h a total of 5,790 interna- who have graduated from the students for the 2008-2009 See INTERNATIONAL, Page 8A COLLEGES WITH THE MOST INTERNATIONAL STUDENTS 1. University of Southern California 7,482 students 2. New York University 6,761 students 3. Columbia University 6,685 students 4. University of Illinois(Champaign) 6,570 students 5. Purdue University 6,136 students 6. University of Michigan 5,790 students Source: InstituteoftInternational Education GOT A NEWS TIP? Call 734-763-2459 or e-mail news@michigandaily.com and let us know. NEW ON MICHIGANDAILY.COM A2 Restaurant Review: Kosmo Deli in Kerrytown MICHIGANDAILY.COM/BLOGS/THE TABLE INDEX NEWS 2...................... ..........2A CLASSIFIIDS ...................6A Vol CXX, No. 50 OPINION ...4.......... 4.........4A SPO RTS .............................7A @209The Michigan Daily ART S...A...............................5A THE STATEMENT.................. 1B