Tonight: Cloudy with 2-4
inches of snow, low 30%.
Tomorrow: Some snow,
some sun, high 33%.
It I Un
One hundredfive years ofeditorialfreedom
November 17, 1995
... . .......
By Amy Klein
Daily Staff Reporter
The University Board of Regents took the first step yester-
day on the long journey toward finding a new president,
adopting a plan for a series of public forums set to begin Dec.
4 designed to gather community input.
Adopting the second of two plans presented by Provost J.
Bernard Machen at yesterday's regents meeting, the board
approved a schedules for nine separate forums that provide
students, faculty, deans, alumni and staff the opportunity to
give their ideas and input on the selection of the next
The plan the regents approved includes two additional
forums, not yet scheduled, to be held in Western Michigan
and in metro Detroit.
The plan specifies which section of the community will be
invited to each forum, and some meetings will be only open
to alumni or faculty.
Machen said the plan accommodates students' final exam
and winter break schedules, and that students will have the
opportunity to meet with regents on the first day of the
forums. The last three forums are open to the general public.
The adopted plan does not set an end date for the forums,
but Machen said the board should try to conclude the sessions
before the regents' January meeting. Machen said the first
plan was designed for the time constraint imposed by Presi-
dent James J. Duderstadt's June 30, 1996 resignation date.
"The advantage to the first plan is that it's the fast track. It
gets it done by the January regents meeting and still allows
a wide spectrum of the University to give input," Machen
said. "Plan two is dependent on the pressures of time.
Obviously we have to weigh the time commitment we will
But many regents said they favored the second plan
because it gathers the broadest range of feedback from the
"It has to be consistent with the invitation that we extended
to the community at large," said Regent Rebecca McGowan
(D-Ann Arbor). "To extend (the forums) to the west and to
the metro Detroit area is consistent to the initial invitation. If
that means adding a couple of days, then that doesn't trouble
me at all."
Machen said the forums will be recorded and transcripts
will be provided for any member of the board unable to
attend a forum.
He also recommended that the regents draft a letter to the
community soliciting written input from constituents. Machen
said the request should be printed in major campus publica-
tions, including The Michigan Daily, The Michigan Review
and the Black Student Monthly.
Machen said that written responses from the community
would be considered public documents under the Freedom of
George Brewer, chairman of the Senate Advisory Com-
mittee for University Affairs, urged the regents to conduct a
public search that follows the state's Open Meetings Act.
"The faculty will accept nothing less than doing what's
best for the University. And please in this endeavor, don't
take it for granted that the faculty are so passive, and this
place so big and decentralized, that the faculty can't bite,"
Machen announced that he is also researching the
University's past presidential searches and similar searches
at other institutions, and will present a full report at
December's regents' meeting.
Monday, Dec. 4: Central Campus, 2:30-4:30 p.m., faculty
Monday, Dec. 4: Central Campus, 6-8 p.m., students
Thursday, Dec. 14: Central Campus, 10 a.m.-noon, alumni
Thursday, Dec. 14: Central Campus, 2-4 p.m, staff
Thursday, Jan. 18: Flint, 10 a.m.-noon, faculty, staff, students
Thursday, Jan. 18: Dearborn, 3-5 p.m., faculty, staff, students
Friday, Jan. 19: North Campus, 10 a.m.-noon, open forum
TBA: Grand Rapids, Western Michigan, 2-5 p.m., open forum
TBA: Metro Detroit, open forum
By Amy Klein
Daily Staff Reporter
Hinting at an ultimate split from
the National Collegiate Athletic As-
sociation, University President James
J. Duderstadt said at yesterday's
Board of Regents meeting that the
association no longer represents the
interests of large institutions.
The NCAA, which is scheduled to
convene in January in Dallas, is likely
to vote on a proposal to change from
an association into a federation.
The association currently includes
Divisions I, II and III schools, with
one vote allotted to each school.
Duderstadt said the switch to a fed-
eration system would allow Division
I, which includes the largest schools,
to break off from smaller colleges to
form its own governing body.
"The NCAA creates an awkward
situation for developing policies,"
Duderstadt said. "It does not serve in
the best interests of larger institu-
tions like .the
The change to
a federation sys-
tem would re-
quire a two-
thirds vote by the
members of the
director of pub-
Duderstat lic information
for the NCAA.
The change would set up the NCAA
as an umbrella group overseeing the
While an association gives equal
voice to -alf members, a federation
would only permit Division I schools
to vote on issues affecting Division I.
Duderstadt said the Division I sec-
tion of the federation would be run
by an executive board of 15 presi-
dents from the different schools rep-
Duderstadt said that if the pro-
posal fails at the January conference,
there is a possibility that the NCAA
will dissolve as an association en-
Vice President for University Re-
lations Walter Harrison said that the
main reason for staying in the NCAA
is to keep with tradition.
"There's some sense that the
(smaller) schools may not agree or
support this," Harrison said. "If they
don't, there is some movement
among the larger schools to leave the
- Daily Sports Editor Ryan White
contributed to this report.
By Antoine Pitts
Daily Sports Editor
The Michigan football team needs
another win to lock up a spot in a
Florida bowl game. The conditions the
Wolverines will see this weekend in
State College are far from anything the
Sunshine State has to offer.
The Wolverines (4-2 Big Ten, 8-2
overall) face Penn State (3-3, 6-3) to-
morrow at snow-covered Beaver Sta-
dium (noon, ABC).
A win would go a long way toward
securing Michigan a spot in the Outback
Bowl (formerly the Hall of Fame Bowl)
in Tampa for the second time in three
Players and coaches alike declared
last week's Michigan-Purdue contest
the worst game conditions they've ever
seen. There could be more of the same
The State College area has been
pounded this week like most of the East
Coast with more than 18 inches of snow.
The National Weather Service is fore-
casting more light snow for tonight and
for tomorrow's game.
"TheUniversity feels that the game
with Michigan for Saturday be played as
scheduled," said Penn State Senior Vice
President for Finance and Business Gary
Schultz. "We've had a concentrated ef-
fort to clear walkways, aisleways and the
seats in Beaver Stadium."
What Penn State has not been able to
do is to clear any of the grass fields that
See PENN STATE, Page 12
Jarrett Irons and the
rest of the
looking at another
cold and snowy
game. This week it is
in Happy Valley
against Penn State.
Michigan vs. Penn State
When: Tomorrow, noon
Where: Beaver Stadium
TV; ABC (Brent Musberger, Dick Vermil and Jack Arute)
Radio: WJR 760 AM, WWJ 950 AM, WUOM 91.7 FM
Tickets: Sold Out
Une: Penn State by 4 1/2
Series: TIed 1-1
Coverage continues: Pages 10, 12
Regents delay code vote, until today,
By Josh White
Daily Staff Reporter
The University Board of Regents plans to
vote today on the proposed Code of Student
Conduct after lengthy debate and comments at
Despite numerous public statements and a
testimonial from members of the Code
workgroup, none of the
regents would speculate on
the outcome of the vote.
"I expect to vote (today)
and I see no reason why
we wouldn't,"said Regent
Philip Power (D-Ann Ar-
bor). "This is not an easy
subject, and it is a serious
matter that has a long his-
tory. I can't speculate as to
what will happen in the Hartford
Six members of the Code workgroup, which
formulated the first draft of the document,
appeared before the regents yesterday to out-
line the work they did during the past seven
months. Each member described a piece of the
process, and all voiced their approval.
Recent Law graduate Jack Bernard, a mem-
ber of the workgroup, said the group followed
the guidelines the regents gave them and came
up with a draft that meets those guidelines.
"We were asked to come up with a docu-
nent that would be value-based, protect stu-
dent rights, have an overarching emphasis on
education and be short, clear and less legalis-
tic," Bernard said. "I think that we have done
Regent Laurence Deitch
however, asked the y
workgroup ifmembers felt
there was a need fora Code.
"I have no problem with
a Code as pertaining to
academic issues," Deitch
said. "As this came down,
and I looked at it one more=
time, I started wrestling Deitch
with the issue of whether
this is a Code that will make student life better
Bernard refused comment, and said that the
group was not charged with evaluating whether
or not a code should be in place, rather that the
regents had charged him and the rest of the
group with formulation of a new Code.
Regent Deane Baker (R-Ann Arbor), who
has been outspoken in the past against the
Code, would also not comment on the vote.
"You can never tell with this group of
people," Baker said. "I am not going to com-
ment on how I will vote, but I will say that I
have never been enthusiastic about the Code."
Members of the workgroup supported the
idea of a Code. Even members who had for-
merly been against any Code at all, such as
LSA junior Chris Hodges, spoke in favor of its
"I still have a somewhat negative view, but
I have learned a lot and changed a lot," Hodges
told the board yesterday. "At first I thought the
idea of a Code was bad, but I stand behind this
Code draft we created."
LSA sophomore Anne Marie Ellison, who
voiced her disapproval of the Code at public
comments yesterday, said the support from the
workgroup was not surprising.
"They were basically selling the Code, that
they wrote, to the regents," Ellison said. "I am
not alarmed that they did that, however. There
is at least one member of the group that had
serious doubts about the Code, and it didn't
come out at the meeting. It really should have,
See CODE, Page 7
U.S. government to appeal Baker case
Early returns indicate 3
By Zachary M. Raimi
Daily Staff Reporter
The federal government plans to ap-
peal a U.S. District Court judge's deci-
sion to dismiss the case against former
University student Jake Baker.
Assistant U.S. Attorney Christopher
P. Yates, who is handling the case for
the government, is expected to submit a
brief Tuesday, Baker's attorney Dou-
glas Mullkoff said yesterday. The U.S.
6th Circuit Court of Appeals in Cincin-
nati will probably decide by spring if
the case will go to trial.
Yates was out of town yesterday and
could not be reached for comment.
Baker, 21, was suspended from the
University in February after posting
stories to an area of the Internet in-
tended for sexual fantasies. One of the
messages graphically depicted the ab-
duction and rape ofa female University
student, whom he named. After being
suspended, Baker was arrested and spent
29 days in jail.
The government indicted him on five
counts related to the transmitting of
threats on the Internet.
In June, Federal Judge Avern Cohn
dismissed the charges against Baker,
saying there was not enough evidence
The appeals court consists ofa panel
of three judges. The prosecution and
defense will both have the opportunity
to argue their case before these judges.
If the court rules in favor of the pros-
ecution, the case would shift back to the
U.S. District Court in Detroit for a jury
trial, Mullkoff said.
Mullkoff said he does not believe
this will happen. "I think the govern-.
ment is grasping
woman for the r
Office in Detroit Baker
"The office has no comment at this time."
Earlier this week, Yates obtained
approval from the U.S. Solicitor
General's Office to appeal the case. No
one from the office's criminal appellate
division returned calls yesterday.
By Jeff Eldridge
and Michelle Lee Thompson
Daily Staff Reporters
Unofficial results of this week's
Michigan Student Assembly represen-
tative elections had no clear party win-
ner, Election Director Meagan Newman
said early this morning.
Although the winners' names will
not be confirmed until early next week,
Newman said the approximately 3,000
votes were evenly distributed between
the three parties currently represented
Early this morning, the Michigan
Student Assembly released the
following unofficial winners in the
following schools and colleges:
Education: Rajeshri Gandhi
Public Health: Maureen Comfort
Dentistry: Mary-Catherine Glibota
Kinesiology: Debbie Band
Medicine: Patrick Javid
Business: Andrew Marcus
Social Work: Poco Smith
Music: Susan Ratcliffe
In other election results, Newman said
all three ballot questions would probably
nc "Ves-Ve-Nn" in faorrcfincreasino
Comeil may punish 4 students for lewd e-mail
U University of Michigan official
says letter would not be
censored, punished here
did not consider it a problem.
Morse said the Daily Sun's editorial page supported
free speech, although it expressed its outrage against the
contents of the message. "(The Daily Sun) supported
students' right to freely express themselves but we were
. .The University has a
plicy of interpreting
stda w5am! m "M l/&a"
on the assembly.
"It means that
people actually care
about the candi-
said. "Students ac-
tually thought about
who they were vot-
,a fn ar nctp of
' 11 A