4- The Michigan Daily - Tuesday, October 31, 1995 e rbigutn ?uilg JEANTWENGE THE ERASABLI 420 Maynard Ann Arbor, MI Street 48109 Edited and managed by students at the University of Michigan MICHAEL ROSENBERG Editor in chief JULIE BECKER JAMES M. NASH Editorial Page Editors Unless otherwise noted, unsigned editorials reflect the opinion of a majority of the Daily 's editorial board. All other articles, letters, and cartoons do not necessarily reflect the opinion of The Michigan Daily. Universal tvaim oe v luesm Code draft attempts to impose vague morals V ice President for Student Affairs Maureen A. Hartford says the new code proposal "is a value-based statement and we outline those values in there." On one count, she is correct. The proposed Code of Student Conduct is a value-based statement. But the stated values of the introductory paragraphs are not explained in the rest of the code. Indeed, the primary failure ofthis draft, which attempts to correct some of the most egre- gious flaws of the interim Statement of Stu- dent Rights and Responsibilities, is its vague- ness. It does not effectively translate those values into a set of laws. The statement of values itself is, on the whole, unobjectionable. It would be hard to find many this campus who are not "dedi- cated to maintaining a scholarly commu- nity," promoting "intellectual inquiry through vigorous discourse" or upholding "civility, dignity, diversity, education, equality, free- dom, honesty and safety." The problem lies in the vague way these values are legislated. In certain areas, especially under the viola- tions section, the wording is loose enough to allow for gross abuses by the administration. Violation I exemplifies this concern: It prohibits "obstructing or disrupting classes, research projects, or other activities or pro- grams of the University; or obstructing ac- cess to University facilities, property, or pro- grams." On the surface, this seems benign. Students have the right to attend classes and programs without being disrupted. But in its failure to lay out exactly what is meant by a "disruption," the code imperils the rights of every student. Could wearing a hat in class be considered a disruption? The wording fails to clarify exactly what constitutes a violation, leaving the door open for outrageous puni- tive action on the part of an overzealous administrator. Violation N presents another case ofprob- lematic language: "Violating other Univer- sity policies which specifically address the behaviors of students within the University community" is also open to interpretation. This is a catch-all clause akin to the Ninth Amendment of the U.S. Constitution, which grants rights to the people beyond those explicitly outlined in the Constitution. How- ever, where this lack of clarity in the Bill of Rights works for the people, it is stacked against them in this code. It allows the Uni- versity to take action against students for a host of unwritten offenses, and can be readily manipulated to suit any agenda. The section outlining sanctions is simi- larly all-encompassing. It states that "in keep- ing with the values stated in the Introduction, sanctions are designed to promote the University's educational mission." The list itself seems sufficiently inclusive, ranging from formal reprimand - equivalent to a warning-to expulsion from the University. Yet the code reserves the right to expand this list: "Possible sanctions include, but are not limited to" the punishments listed. Such vagueness gives the University wide latitude to impose any outlandish sanction it deems in keeping with its "educational" values. It is reasonable to assume that an institu- tion of higher learning ought to have a clear educational mission. But a value system should not serve as the law. Unless the vague- ness is written out of the new code, students will be governed by a document that dictates abstract values by freely interpreting what constitutes "unacceptable" behavior for Uni- versity students. W hen my ex-boyfriend walke party with his new girlfrien I had to escape. Matt had his arm around her stood in the doorway with the ligi off her colored hair, her heavy ma her lace shirt. In a misguided atte mature, I decided to be social and immediately. So what if he ignore half of our relationship and didn' move in with me? After all, he never move in with anyone. The two wandered off to sit ina people making conversation in t room. Still attempting to be mature the group, only to hear my forme chosen one announce to the worn her: "Well, I want something clos pus, and he wants a place with windows, and ..." That'swhen I left. The bastardc to move in with her. I've been thinking about thisx situation recently while listening Morissette's great song "You Ought "Every time you speak her name/ know how you told me you'd hold you died.../But you're still alive," ?1 sings, and I always want to join in screams, "Are you thinking of me fuck her?" Matt and I broke up more thanI ago, but I still can't help seethin think of that party. Breakups are e nasty things, and the only way toE all is to 1) fall in love with someon 2) talk about the different types of and laugh it all off. This column much to help you with the first,l accomplish the second: U The Busybody. "No," yours' says one day, "I can't go out e because I'm busy. No, I'm busy too, and next Friday, and actually, every weekend until the end of you're substantially clueless or tru Breakbt upAshard to do, but d into the might not catch on for a while, but before a three-week vacation instead of id, I knew you know what's hit you, you've been given good, and then realize that of cc the boot. Bye-bye, relationship. overpacked because this isn't h and she 0 The Murderous Rage. Other people more. Sayonara, hometown hone) ht shining are more direct. After about your tenth The Affair. Getting cheated keup and screaming fight over who gets to pick out the enough, but getting dumped for mpt to be movie at the video store, things get serious. else is just about the worst feeli not leave Small appliances go flying through the air world. "What does he have that ed me for even faster than the numerous accusations you think to yourself. Get reven t want to hurtling around the room. Before long, one everyone else in sight ("And eve said he'd of you walks out, never to be seen again. In scratch my nails down someone el yournext relationship, you'll be such awimp I hope you feel it," Morissette sin a group of about picking out videos that you'll end up seen with someone much more he living watching "Barney and his Big Happy Fam- than your ex. Or become more s e, I joined ily" subtitled in Danish. Or ... actually, none of these isN r honey's The Hanger-On. Blind dates, veiled revenge, which is why being dun an beside threats and earnest appeals haven't worked: damn frustrating. e to cam- your ex-boyfriend made the infamous late- We Just Figured Out We H i a lot of night, lonely "I can't live without youplease, ing In Common. "You say we hav please take me back" phone call, and now he in common /I said 'What about Br was going shows up at your doorstep with flowers Tiffany's'?"' goes another song th every other day. There's a little bit of the ing the airwaves these days, about, miserable Hanger-On in all of us: even if you dumped claims his girlfriend shouldn't c to Alanis the guy yourself, it's hard to imagine him because they both liked one mov ta Know." going out with anyone else. You'd rather he times the first exciting rush ofmeet Does she live like a monk the rest of his life, honoring one new and the niceness of b me/Until your memory and lighting candles at the someone takes two or three year Morissette shrine he keeps around your picture. off, and you wake up one day to rt when she * The Perpetual Relationship. Everyone you're completely different peop when you knows one of these couples, who breaks up, ing someone else (see "The Affai and gets back together, and breaks up, ad helps: then it's just Lather, Rins( two years infinitum. Either they really are meant to be and you start the whole cycle all o tg when I together, or they both belong in the category U Let's Just Be Friends. This motional, "Some people never learn." subtle line is so common it ha get over it The I'm Leaving for College (or Grad abbreviation on the Internet: You e else, and School) and We're Still Together, But We dumped, you get LJBF'd. Some p breakups Can Date Other People. Any "sorta" breakup intend to continue being friends, b won't do is bad news, but this one is instant trouble. often you end up avoiding each c but it can The problem is that just about anyone in the gether. The key is not to go to same town is preferable to your hometown parties. As for being mature an weetheart honey 1,000 miles away. Some relation- small talk with the ex and the newI n Friday ships are strong enough to survive separa- screw it: Running for your lifei Saturday tion, but on average this one lasts about a better idea. I'm busy semester - long enough for you to come time." If home for Christmas, overpack because you - Jean Twenge can be reach sting, you somehow don't realize you're only going on mail atjeant@unzich.edu. E PEN home for :urse you ome any- y. on is bad someone ing in the I don't?" ge: screw try time I se's back/ gs). Or be attractive uccessful. very good rped is so ave Noth- ve nothing reakfast at 'at's grac- a guy who dump him ie. Some- ting some- eing with rs to wear ealize that ple. Meet- r," above) e, Repeat, ver again. none too s its own don't get. eople truly: ut way too other alto- the same d making girlfriend, is a much ed over e- 1 MAnr WIMSATT MOOKIE'S DaurvnA \ CE BS\ \E E O oR E A I \ ;; \/ NOTABLE QUOTABLE 'You don't have to be different from everyone else, you have to know they are just like you. That is the essence of leadership.' - Li Lu, a Chinese anti- government activist, addressing a crowd of 100 last weekend at the university One foot in the grave GOP Medicare 'solutions' are bad medicine As congressional Republicans struggle to extract $350 billion from the budget over the next seven years, the prognosis for the current Medicare system is grave. The system has lumbered forward, draining re- sources and stirring generational tension by providing more perks than it can afford. It must be restructured - but unfortunately, the recent attempts to retool the system are short-term plans that will only widen the disparity in care between the rich and the poor. Longevity, the elderly population and hospital room rates -now ranging from $500 to $1,000 per day - are all EOICAR increasing as costly life- saving medications and. procedures are developed. A Within a few short years, government funds will not First in a series be enough to support the costs of care. With this in mind, congressional Republicans are offer- ing "options." Under their plan, seniors can either stay in the current system, opt for a medical savings account or choose Medicare Plus - an HMO-type plan. To remain in the system, a senior must pay an increasing premium - from $46.10 in 1995 to $87.60 in 2002--but its holes would require them to purchase outside supplemen- tal health-care plans. Another change would require individuals earning more than $100,000 or couples over $175,000 to pay $278 per person for care. The price adjust- ments would encourage the wealthy to aban- don the current plan, force the poor to leave it, place many doctors in the lurch and leave hospitals dangling on the brink of closure, tion, medical savings accounts would allow seniors to gamble with their health plan. Beneficiaries will be allotted $5,000 in 2002 to purchase high-deductible private insur- ance plans that will cover only catastrophic illness. Any excess funds will be deposited into accounts that can be tapped to cover routine medical bills, allowing upper-income seniors to purchase better health care with government money. The advent ofthis special savings account foretells the destruction of Medicare Plus. By providing an exit for relatively healthy recipients, the beneficiary ppool in Medicare Plus will VIEWPOINT Code proposal makes mockery of 'values' E REFORM r pifll be poorer and more un- healthy. Seniors will be granted $6,700 to choose a private insurance orga- nization that will cover hospitalization and doc- tors fees, and premiums will be upped to $81.60. Hospital deductions and co-payments will be eliminated' Availability of complete care, however, is questionable. Care management is fraught with philosophical questions of cost contain- ment vs. the Hippocratic oath. Furthermore, the demands recipients will make on this new system will mirror the inadequacies of the present Medicare program. Recipients will either suffer a significant decrease in ser- vices or the system will be exhausted by limited resources and will ultimately col- lapse. The projected program is a short-sighted attempt to salvage a sinking system. The plan demonstrates a desire to cater to the wealthy. To remedy the health care crunch fairly, By David Cahill Although I have represented several students in University dis- cipline cases in the 1994-95 aca- demic year, my comments come only from me and not on behalf of any client. The University is a govern- ment agency, and therefore its actions may notviolate the re- quirements of either the U.S. or Michigan constitutions. A private university has substantially more discretion in sanctioning students than does a public university. The drafters of the code appear to have been unaware ofthe requirements imposed on public universities by these constitutions, and of the safeguards the courts have re- quired on behalfof those the gov- ernment seeks to sanction. In the case of the University, the sanc- tions include the cancellation of the educational contract between the student and the University. Under "Violations," the code states: "Behaviors which may contradict the essential values of the University community include [14 listed offenses]." Because the structure "behaviors include" is used, instead of "behaviors ... are" or "behaviors ... are only," the University has apparently re- served the power to sanction stu- dents for behaviors which may contradict the essential values, but which are not among the 14 icts nAnr.a c. Ca , . .t him they include. Thus, a student could be charged with a behavior which supposedly contradicts an essen- tial value which is not one of the 14 listed offenses, and is not even listed as an essential value! But setting forth an all-inclu- sive list will not solve the prob- lem. While the meaning of the values "education," "honesty" and "safety" is reasonably clear within a university setting, the values "civility," "dignity," "di- versity," "equality" and "free- dom" are undefined and so vague that no one can tell what they mean with any certainty, or what conductmight "contradict" them. For example, suppose a white student invites an African Ameri- can student to dine with him, and the African American student declines because he would rather eat with other African American students. Has he contradicted the essential value of diversity? If one student has a nonvio- lent argument with another stu- dent, have they contradicted the essential value of civility? If a student says she does not think that all persons have equal abilities, has she contradicted the essential value of equality? Further, these latter "five val- ues" are politically charged and intertwined with constitutionally protected ideas and opinions. They appear to promote a "politi- callv correct" liberal agenda about duct. However, he found that when the University attempted to enter the political arena, it had acted beyond its powers. He held at 721 F Supp 863: What the University could not do ... was establish an anti-dis- crimination policy which had the effect of prohibiting certain speech because it disagreed with ideas or messages sought to be conveyed (citing cases). As the Supreme Court stated in West Virginia State Board of Educa- tion v. Barnette 319 U.S. 624, 642,63 S.Ct. 1178,1 187,87 L.Ed. 1628 (1943): "If there is any star fixed in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be ortho- dox in politics, nationalism, reli- gion, or other matters of opinion or force citizens to confess by word or act their faith therein." Judge Cohn found, inter alia, that the word "threat" was fatally unclear, and held at 721 F Supp 867: "Students of common un- derstanding were necessarily forced to guess at whether a com- ment about a controversial issue would later be found to be sanctionable under the Policy. The terms of the Policy were so vague that its enforcement would violate the due process clause." Under the code, students would be forced to confess faith in the "values" which are matters pletely eliminated from the code. If they are not, then any pro- ceeding under the code can and should be met with a motion to dismiss based on its facial uncon- stitutionality. There are other problems with the code aside from its fatally flawed basic approach. Through- out the code there are unconstitu- tionally vague terms playingcriti- cal roles. For example, the draft- ers eliminated nearly all proe- dural safeguards in the old state- ment and merely said the code, would not deprive students of"ap- propriate" (and undefined) due- process. The code says behavior outside Ann Arbor is sanctionable only ifthe behavior poses an "ob- vious and serious threat or harm" (all terms undefined) to the Uni- versity community. When we turn to the 14 listed offenses, further work is needed. The University may not pro- hibit "failing to identify oneself upon the request of a police or security officer," which is the first clause of (K). The U.S. Supreme Court held many years ago that the government lacked the au- thority to require citizens to iden- tify themselves to police. Also, (L), "violating state or federal law if such action has serious impact on the University community," has problems be- yond the unconstitutionally vague "serious impact." Is it contem-