6A - Monday, October 22, 2012

The Michigan Daily - michigandaily.com

fiA - Monday, October 22, 2012 The Michigan Daily - michigandailycom

STREAK
From Page 1A
During pregame warm-ups,
the Spartans half-surprised the
crowd by emerging with chrome
helmets. On the other half of
the field, it looked like business
as usual for Michigan. But this
week was a little different. It
always is. Their mindset was
printed out in maize on their
blue T-shirts.
"Finish," the shirt read.
"Through the whistle for my
team."
'Team 133' did just that. They
finally learned to finish the
Spartans. And that finishing
came from everyone, even the
least likely candidates.
Vincent Smith finished.
Nobody expected Robinson
to hand off with two minutes
remaining on the clock. But
Smith took the handoff, cut right
past two defenders and scam-
pered for a 12-yard gain.
Drew Dileo finished. Nobody

expected the kid who recently
said, "That's why they call me
The White Receiver" to make
three crucial catches and be
Michigan's leading receiver
against the Spartans.
Brendan Gibbons finished.
Nobody expected the stocky,
long-haired kicker to play hero,
much less kick three perfect
field goals. Two years ago he
went 1-for-5 kicking. He just
plain stunk.
Today, they each came away
victors.
While the entire Michigan
team - from head coach Brady
Hoke to the players - was care-
ful to not give Michigan State
any bulletin-board material this
week, they had the edge enter-
ing against a rather mediocre
Spartan squad, but they stuck to
the company line:
Michigan-Michigan State was
a big game, a rivalry game. No
rivalry game is bigger than the
rest.
But failure to beat the in-state
rivals had been weighing on

everyone's mind, and not just
this week.
"It's been a conversation for
the last four years," Dileo said.
Kovacs said the victory "got
the monkey off the back a little
bit."
"This program was in desper-
ate need of a win in this game,"
Kovacs said. "I'm glad that we
executed."
Oh, but it wasn't pretty. Nei-
ther offense could move, with
only small flashes of excitement
here and there. Michigan won
on four field goals. The last time
the Wolverines won a game
without a touchdown was Nov.
11, 1995, when Michigan beat
Purdue, 5-0, on a safety and a
field goal.
That's messy, gritty, boring
football. But it really didn't mat-
ter how it got done. Through
the whistle, until the clock read
zeroes, Michigan just had to
finish.
- Nesbitt can be reached
at stnesbitlumich.edu.


ENDOWMENT
From Page 1A
June 2011 and June 2012.
The University's Report of
Investments notes that some of
the spending "was partially off-
set by new endowment gifts and
transfers."
The endowment was valued at
its highest ever in fiscal year 2011.
The previous two fiscal years
where the endowment decreased
- 2002 and 2009 - have been
attributed to the years of the
dot-com industry boom and the
most recent economic recession,
respectively. This is the first time
the data, which was first recorded
starting in 1988, show the endow-
ment decreased in a non-recession
year.
Despite the endowment's
decrease, its long-term perfor-
mance in a more than ten-year
period has performed remarkably

well, growing 9.61 percent on an
annual basis. In a conclusion to
the report, Timothy Slottow, the
University's executive vice presi-
dent ahd chief financial officer,
and L. Erik Lundberg, the Uni-
versity's chief investment officer,
wrote that the long-term growth
places it. within the upper quar-
tile of highest performing college
endowments.
"Financial markets continue to
be challenging due to uncertain-
ties tied to the lingering effects of
the financial crisis and lower glob-
al growth prospects," Slottow and
Lundberg wrote. "Investments
could remain volatile and low in
coming years asa result."
White pointed out the growth
is particularly of interest because
it outperforms the ten-year return
of S&P 500 - an index of stock
market prices based on major
companies.
"The endowment's annualized
ten-year return ... is 9.6 percent,

and that is ahead of the custom
benchmark by 2.1 percentage
points and is well ahead of the
well-known S&P stock index,
which has gained 5.3 percent
annualized over the same 10 year
period," White said.
The report indicated the big-
gest strong point in the other-
wise mediocre performance of
the portfolio was a 14.77 percent
increase in fixed income payments
to the University. Fixed income is
mostly made up of bonds that are
required to issue periodic returns
to the borrower.
Slottow added that fixed
income's role is primarily as a
"deflation hedge," and has ben-
efited from falling interest rates
in global markets.
The University's investments
in venture capital, private equity
and real estate also enjoyed mod-
est gains. Investments in natural
resources - mostly oil and gas -
declined by 2.4 percent.

From Page1A
to participate in collective bar-
gaining.
The proposal is sponsored by
Citizens for Affordable Qual-
ity Home Care and the Service
Employee International Union,
the largest health care union in
the country.
In an October poll conducted
by Fox 2 News, about 47 percent
of Michigan voters support Pro-
posal 4, while about 37 percent
were opposed and 16 percent
were undecided.
Republican Gov. Rick Sny-
der said in a September press
release that the proposal would
cause in-home health care
workers to be obligated to join
a union, regardless of their per-
sonal intent.
"Proposal 4 ... would amend
our constitution to force Michi-
gan's 60,000 home health care
aides to join a labor union," Sny-
der said in the release. "Those
workers would be forced to have
union dues withheld, whether
they want to or not."
Michael Head, a former state
official involved in the devel-
opment of the council under
former Democratic Gov. Jenni-
fer Granholm, said health care
workers would receive better
pay under the conditions of the
proposal.
"Before (the Quality Care
Council) was put into place,
(home help) workers were paid
essentially less than minimum
wage," Head said. "It is true they
have to pay dues or a service fee
(to the SEIU), but it's also true
that they get paid better."
State Rep. Mark Ouimet (R-
Scio Twp.) said workers should
not be bound to join unions under
stipulations of the state constitu-
tion, noting that Democrats and
Republicans alike have expressed
opposition to the proposal.
"I don't have any problems
with the unionization," Ouimet
said. "I just think it's important
that people can do it by choice
versus by coercion."
State Rep. Jeff Irwin (D-Ann
Arbor) said the proposal would
return the benefits previously
enjoyed by home health workers.
"(The proposal) would essen-
tially put the situation with
home health care workers back
the way it was a couple years ago
before the Legislature passed a
law defining home health care
workers as not eligible to form a
union," Irwin said.
He said the creation of the

4

4

0

training programs and registry
would help families make the
best possible choice when choos-
ing a home health care provider,
adding that the proposal also pro-
vides a less expensive option to
those in need of intensive care.
"I think the public really ben-
efits because home health care
is vastly cheaper than nursing
home care and it makes a lot of
sense for us to encourage people
to utilize that service delivery
model," Irwin said.
LSA senior Nicole Miller, a
member of the University's chap-
ter of College Republicans, said
she doesn't believe unionization
should be included in the state
constitution.
"Most of these workers are
family members or good family
friends who are caring for rela-
tives and I don't see the reason
why the union would benefit
them," Miller said.
She added that she feels the
wording of the ballot proposal is

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RELEASE DATE- Monday, October 22, 2012
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REVIEW
From Page 1A
think we accomplished that. What
we did do is take all of those rec-
ommendations very seriously and
they're reflected in the action that
was taken today."
FrankLoMonte-executivedirec-
tor ofthe Student Press Law Center, a
Virginia non-profit organization that
works to protect the rights of student
journalists - said not all services per-
formed by a lawyer are a matter of
attorney client privilege.
"It's really going to depend on
the purpose for which the report
was prepared," LoMonte said.
LoMonte explained that if an
entity believes it may be sued as
a result of the work of a law firm,
they may retain privilege.
"If there's reason to believe the
college is going to be involved in
a court case or criminal investi-
gation, then the report might be
privileged," LoMonte said. "If you
think you mightbe oncthe receiving
end of legal action, that's probably
privileged."
LoMonte said if a lawyer is
hired to investigate an incident and
gather facts, that doesn't neces-
sarily guarantee a privileged com-
munication. He added that if the
report is something that could have
been accomplished by a University
administrator, such work is likely
not under privilege.
The Office of University Audits
released an internal review of the
incident in February.
LoMonte pointed out that it's
also possible for privilege to be
fully or partially waived by a cli-
ent. He said the University could
release portions of the document
or waive the rights by discussing its
contents at a public meeting.
Thesummarytheboardreleased
details the board's findings after
examining the two external audits
conducted by Latham & Watkins
and Margolis Healy & Associates,
a security consulting agency which
conducted a cultural assessment
of the University's public safety
operations.

unsatisfactory.
"The language on the actual
proposal, it's not misleading, but
it doesn't say in very clear, explic-
it terms what the proposal would
do," Miller said.
LSA senior Lauren Coffman,
the communications director
for the University's chapter of
College Democrats, wrote in an
e-mail interview that the pro-
posal is vital to providing the
treatment necessary for disabled
residents.
"It is important that our most
vulnerable citizens receive
the care that they deserve and
require," Coffmanwrote.
She added that the measure is
beneficial to health care workers
as well as recipients.
"The measure also allows
for the unionization of the care
workers, ensuring that they are
ensured the resources necessary
to serve our citizens while also
maintaining a fair standard of liv-
ing," Coffman wrote.
The board reported that there
was a "categorically unacceptable"
failure to communicate the reports
of child pornography to the proper
authorities.
"There was a clear failure ... to
timely and effectively communi-
cate regarding the reported pos-
session of child pornography by.a
medical resident," thememo said.
The memo also said some Uni-
versity employees had undertaken
their own flawed investigation
instead of reporting the incident to
police.
"Certain University person-
nel (especially in the Health Sys-
tem and in the Office of General
Counsel) inappropriately investi-
gated the reported child pornog-
raphy information independently,
without involving or referring the
incident to an appropriate law
enforcement agency," the memo
said. "The individuals who made
that determination are no longer
employees of the University."
The lead UMHS attorney cited
in the University's audit allegedly
covered up the incident and left the
University in June 2011, one month
after the incidentallegedlyoccurred.
The regents concluded that the
relationships and communication
between University Hospital Secu-
rity and the Department of Public
Safety are "broken and demand
repair." The board made several
recommendations to fix the afore-
mentioned problems including the
formation of the new Division of
Public Safety and Security.
In the memo, the regents vowed
to continue implementing the rec-
ommendations of the Safety and
Security Steering Committee,
which was established as a result of
the internal responseto the Jenson
incident.
"The situation that gave rise
to thewse changes is terrible and
unacceptable," the memo stated. 4
"We can never again have a delay
in timely reportingto law enforce-
ment of this kind of serious mis-
conduct"
Daily News Editor Paige Pearcy
contributed reporting from Flint.