1974-03-20; Central Michigan Life

              A News Analysis
oes res
dalemal'ewska'
J LIFE Staff Writer
lents at Central possibly are
lenied their constitutional
Jgarding required dormitory
ly for their freshman and
lre years, * >
lording to John Kadey,
It professor of (business
(ration and attorney, of law,
J of a recent case (Prostrollo
■versity of South Dakota),
je doubt certainly exists as
lonstitutionality of r^fluiring
In and sophomores to'.live in
|3jty dormitories if the
|nent is based upon, the
Ijty's desire to retire bond
llness," \
; year on Feb. 14, President
|b. Boyd said, "The residence
vere   built   with    money
from the public and the
sity is responsible f6r
ig  such   policies   as   are
(such as freshmen and
lore housing requirements) to
■he repayment  obligations.".
questions constitutionality
b possibility that freshmen \
phomores are being denied
institutional rights under the
'rotection Clause of the U.S.;
tution come to attention
the recent South Dakota
I District Court case between
illo and the University of
Dakota (USD) Jan, 21, 1974,
wording to the United States
Veek (Feb. 12)  the case in
question states, in part,. "State
university regulations requiring,
with certain exceptions, all unmarried freshmen and sophomores.,
to live in university residence halls
'establishes unreasonable and arbitrary classification and, thus
violates (the) Equal Protection
Clause,"
rule deny constitutional rights?
John\Radey
"The primary conclusion drawn
from the evidence is that the purpose behind the regulation is to
retire Mhe bond indebtedness incurred-in constructing dormitories.
A
Assertions that the purpose behind
the regulation is educational strikes
the court as mere-afterthought
asserted because of previous' legal
■decisions and unsupported by any
concrete evidence," according to the
case, in United States Law Week,
Central's model case
Jerry R. Tubbs, vice president
of business  and   finance,   defends
"Central's residency requirement
with a- citation „from- a class action
suit brought against Northern
Michigan University (NMU) in 1972,
out of the Western District Court of
*Michigah.', '      ' .->
Tubbs said,"... this'is the case
we hartg our hat on,- it's our state,
our, legislature and our own finance
company. It is hard to tell what they
did out in South Dakota."
The Michigan case presented a
controversy about the constitutionality of certain parietal
(relating of life wftfain college Walls
or its order" and regulations) rules
still in force at'NMU.
The case stated, in part,
/'Counselfor the plaintiff„during oral
argument before the court' on Dec. 6',
1971, conceded that there may be
some Educational values from
dormitory living. Need the court go
any ' further? Are the plaintiffs
entitled to a full trial at which they
can discount and dispute the claim of
educational value of parietal rules
and,, prove that the one genuine
motive for the (parietal) rule is,to
payoff the debt? If the policy had no
relationship whatever to , the
legitimate ends as stated, and if the
sole, purpose were 'to achieve a
forbidden'end, then further inquiry
might, be warranted. The court,
however, sees nothing sinister in the
interest of *a state-supported
university in insuring its mandatory
obligation to honor ijts bonded indebtedness. That,- too, is a legitimate
end.   An, 'expensive   and   time-
consuming trial devoted to probing
the collective conscious or subconscious intent of the governing
board, therefore, could not affect the
outcome . . , "        '. t
"Having concluded, therefore,
that the Board pf Control, at NMU,
has the authority to erect residence'
halls and to establish parietal rules
and requirements, the issues then
turn to the examination of those
rules in the light of the plaintiffs'
several claims that. .. their constitutional rights of travel,'
education, privacy, association,
procedural due process, and equal
' protection of the' law," . , . have
been denied.
The Michigan court found the.
housing requirements and "supporting, criteria" fully satisfying, as
applied, and "neither arbitrary,
capricious, nor constitutionally
discriminating."
The defendants (NMU Board of
Control)   were   granted   summary
judgement, (a- judgement granted
without a formaf trial .when it ap-.
'pears on the pleadings and other
' showing to the court that there is no
genuine .issue- of" fact and that'the
moving party is entitled to
judgement as a matter of Jaw).
Educational benefits
According to a document,
"Legal Trends and Developments in
College -Housing," prepared by
Donald D. Gehring, dean of student
Volume 55 No. 67
Wednesday, March 20, 1974
Jtfrry Tubbs
development at Mars Hill College,
"The courts consistently have upheld
the right of colleges to require
students to live h\ college housing so
long as there was no clear cut
discrimination involved and where
the college can show that such a
requirement is based upon sound
educational concepts."
There's the crux of the issue—
the all evasive "educational concept." The suit against NMU upheld
the right of the university to impose
its parietal rules for the sake of
educational benefits, because they
saw nothing "sinister" in doing so to
(See Residency rule . . . page 8)
3 budget examined
Power of the purse
Rick Marshall which showed a
balance of,$6,525.28 as of February
1. The balance breakdown has $2,9.33
Nlews Analysis
in general ^operating expenses,
$1,650 for goyernment departments
and $525 for Senate committees.
yTERRIBURKHABDT
LIFE Staff Writer
long has been a truism in
I circles that the organization
ntrols the purse also controls
wer. This apparently is true
student organization campus
:s too, since organization
s long have maintained thai
rrjoney means more, power." _, ,    *f
ijij-paitlx, -is :%hyA<:;the'.-^m*^H''i.,»» c*$?&s>>!t£Bs*.? i"*-.-**-**.™*?,
i to" investigate student
zatfon allocations has run into
controversy. Student
•nment was the *first
ization to officially voice
n to the committee andj
it to be the allocating body.
t the beginning of the
nic year Student Government,
budget of $12,000, $14,00
ling personal services
ies). They had requested
8. The money is spread across
general areas: general
ting expenses, $6,675;
lmental departments, $3,375;
Hudent  Senate   committees,
f a recent Senate meeting,
or§ approved a budget
ed by Student Body President
In an itemizedybudget bre&
dowjn preparedt by Student,' Body
Treasurer Ron Kramer, the largest
amount of money spent was in the
supplies maintenance department,
$1,156.31. Kramer* said'i.he majority
of this money was ispent on'carpeting
the Student Government offices, "to
keep the sound dotyn,"
Later it was learned the carpet
actually was bought out of a separate
equipment account, which was not,
* technically, a university allocation.
The "carpet caper," as it is
sometimes called, is a confusing
matter of financial finagling.
In the, academic year of 1970-
1971, representatives of Student
"Government received money, approximately $3,000, in exchange for
the Student Body president's and
vice president's endorsement of the.
Student Insurance Service Corporation. At this time/ the
University did not want anything to
do with the money and Senate was
not informed of Sudent Govern--
ment's windfall. •-
After much debate the mofrey
was placed in a downtown' banklind
.allowed, to sit there and &ts<tf-!hfc
abput the money,and in early Apjci^
1971 a resolution was passed to" the
effect that all withdrawals of money
must be approved by Senate, according to a back issue of CM LIFE^.
Although Student Government
has minutes of Student Senate
meetings dating back to 1959-1960,
(See Committee investigations
page 8)
CM LIFE PHOTO BY KYLE CARNEY
COMMUNITY TRANSPORTATION RETURNS-DART (Dial-A-Ride Transportation), an inexpensive mass
transportation system, went into effect Monday. The DART vans which seat 14 passengers, run from 6 a.m. to 6
p.m. weekdays and from 8 a.m. to 6 p.m. on Saturdays anywhere within city limits. The"fee is 50 cents, la
At A-Senate
Boyd announces $275,000 deficit
ERC hearing ends
he wait begins
^ RICK FITZGERALD
UFE Editor in Chief
»o months. Although the
't ended Tuesday, that is at
iow long it will be before a
o is rendered on the charge of
labor practices filed against
diversity by the Faculty
»tion over <a Teaching ' Ef-
aess document.
hording to Shlomo Sperka,
aaminer for the Michigan
yment Relations Commission/
^who conducted the "hearing
y.and! Tuesday, it is not
" % a decision to take that
p- Several reasons. First, a
|<Pt of the record of what was
,ttfl»g the  two-day  hearing
* sent to attorneys for each
£e  the* attorneys    have
* these   transcripts,   they'
Nays.to- prepare briefs to
to MERC for further sup-
jjftion and documentation of
their cases relating to the origianal
charge. Once Sperka has0 (the
transcript and the briefs, he must-
study„aU the material and make.his
judgement as to whether the
University has committed an unfair
labor practice.
The CMU Faculty Association,
bargaining agent for the more than
600 faculty members here, filed the,
charge with  MERC Jan.
"The charge specifically deals
with the acceptance of a Teaching ,
Effectiveness Program as ■
University policy. This program was
adopted by the Academic Senate
April 30,1973 and later approved by
the Board of Trustees., .    ■
The   association ' says    the
University's "unilateral adoption and
implementation" of the program was
in   violation . of   the, Public   Em- -
ployment Relations Act of 1965.
The Teaching Effectiveness
Program consists .of a series of,
(See The Wait Begins ... page 3)
by SHEILA TOMKOWIAK
LIFE Ass't News Editor
A projected deficit of $275,000, an immediate freeze on all currently
unfilled positions and a cutback in supplies and services Were announced by
President William B. Boyd at the'Academic Senate meeting Monday.
The monetary loss was cauged by a drop in student credit hours, Boyd
said. "The head count is good," he explained, "but students are not taking as
many credit hours as was expected, based on past patterns."
Another cause Boyd cited for the loss was the Teachers Insurance and
Annuity Association of College Retirement Equity Fund, (TIAA-CREF)
which added an unplanned $125,000 to the budget.
"We had hoped there would be enough money and we would not have to
make budget changes," Boyd said, "but it didn't work out. Instead of picking
up money through the year • the opposite happened." '
TIAA-CREF isl an insurance program which allows teachers to retain
seniority if they go outstate for employment.
t
,   Freeze on unfilled positions
' Attempting to iriake up for the loss, a freeze has been put on all current
unfilled positions. However, there will be cases where exceptions will have
to be made. Exceptional case's will be reviewed on an individual basis, Boyd
said. ■' • >
Boyd also announced a 4.5 per cent reduction in supplies, materials, and
contractual services with exemptions of utilities*, student financial aids, debt
services, the library and computer rental. A prior equipment allocations /
freeze has been lifted. ■    v       /
1.     Boyd was optimistic the steps would allow the University to "squeak
through the year." . '    *
Boyd also discussed the1 Affirmative Action policy and announced the
, Affirmative Action Council will meet before the end of March.
Senators elected a representative to the council' at the last meeting
following a debate over recognition of the position^ Edwin M,' Cohen,
assistant professor of speech and dramatic arte, suggested Senate not fill
the position as a protest to Affirmative Action in general.
At the Monday meeting Boyd said, Affirmative Action is the next 'most
unpopular action since £ye been here."   . -' J
Released by Boyd Feb, 8, the plan calls for the establishment of an
Affirmative Action Council, composed of one representative "from each of
Central's six employe groups, one representative each from Academic and
Student Senates, the Affirmative Action Coordinator (Donald Kilbounj), the
vice president fw administration (Neil Bucklew)* and three representatives
appointed by the' president. '  ,-
Boyd named John Helper, professor of English; .Tames Hill, instructor in
men'js physical education; and Ira Rosenbaum, associate; ;profess;or pf
psychology as his appointments to the Affirmative Action Council,, Only one
member of the council had not been appointed, Boyd said. That appointment
should be today, lie added.   ■ • >'
"Tl»e Council Will.be meeting before the! end bf March," Boyd said, "and
oneofiheir.f!rst|ctionswilibeto«ritiquetheplaii«" , /      *
t The initial plan was written^ entirely by the administration, with no
input from any other groups.    * ' '.      ,
-  •        • ' ■■      ■
> •■.*.■
One of the most controversial passages'in the plan calls for "preferential
employment" of women and minorities. Boyd said that would not affect
people building careers within the University. *
_ "Faculty members can stay in their departments and still build careers,"
Boyd said, but the staff people can accomplish careers in man|y cases, "only
by accepting transfers."
"Preferential employment seemed to work a distinctly unfair disadvantage for staff," Boyd said. The plan states "circumstances will arise in
which minority persons or women are significantly under-represented in
certain categories of university employment; when available for appointment, preference will be given to women or minority persons." The
majority of the Administrative-Professional group are white males.
"No outsider will be given preference over people within the University," Boyd said. , '     '
,     The preferential empl6yment clause only will be set aside for staff,"'
however. "If there were no preference, all our fine words would come to.
naught," Boyd said.
-     Clause removed from constitution
* In what apparently was a friendly action, Senate voted to remove from
the constitution a clause providing senate membership ■ to the four administrative vice presidents. Chairman Caiman Levich, associate professor,
of physics, said, "The move is not directed against the administration or
anyone sitting in Senate." Levich explained the vice presidents originally
were named to senate to assist the president in his address to that body.
Arthur E. Ellis, vice president for administration, said'he does not'have
feelings.either for. or against the move. He said he would continue to attend
senate meetings either way. '
Leonard Lieberman, associate professor of sociology and anthropology
said jokingly, "I am in favor of the motion. How'ever, I do regrfet we would be •
depriving them of one of the richest and most rewarding experiences on this
campus."
" The vice presidents include Ellis, Terrence J. Carey,' vice president of
University Relations; Jerry *R. Tubbs, vice' president bf'Business and
Finance;'Neil S. Bucklew, vice president fpr Administration. •
In other action Senate*.
-Raised the standards for graduation with honors. Currently, cum laude
requires a1 grade point average of 3.15'to 3.39, magna cum laude 3.40 to 3.59'
and summa cum laude 3.60 to'4.00, .The new'cut-offs which will affect
• students entering in fall of 1974 are: cum laude 3.50 to 3.75, magna cum laude
3.75 to 3.9i) and summa cum laude 3.90 to 4.0. '''
r- Droppedthe honors (H) designation from' diplomas
— Decided to recommend to ,the Board of Trustees all faculty
retirees with at least 15 years of service be retired fyith the rank of Professor
'Emeritus, an honorary ranking. .
—"fifeferred to committee a motion to alter the status of, imcomplete(
grades. ' ,
Absent from the meeting, were: Joyce Pillote, Charles J. Ping,. John,
Schmidt, Frank Stillings, Johri Weatherford, Raymond, Hampton, George
Bush, Terrance Carey, Patricia Guilday, Thomas Kromer, Neil Bucklew
and Robert Walker.      .     * '     „     \    '
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