Partly cloudy Hot and humid
THE UNIVERSITY DAILY
KANSAN
The University of Kansas
Vol.88,No.158
Lawrence, Kansas
Thursday June 29,1978
Photo by ORLIN WAGNER IU Zone V
Summer solitude
e freedom of wide open spaces or just another way of beating the heat, inner tubes contribute to smooth cruising over glassy water.
Student lobbvists chide Harper
By TAMMY TIERNEY
Staff Writer
Several members of Concerned Students for Higher Education, KU's student lobbying group, yesterday criticized Mike Harper, student body president, for failing to inform them of his decision to consider a petition against the Students of Kansas, a state lobbying group.
Sue Rieger, CSHE member, expressed surprise at Harper's announcement of negotiations between himself and Hannes Zachieras, executive director of ASK.
"It's unbelievable," she said.
"It's unbeleivable, she said. Rieger said she was displeased with Harper's lack of communication with CSHE members.
"I think more people should have been in on the planning stage of this," she said.
Rob Green, executive director of CSHE, had a similar reaction.
"MER YEY unhappy that Mike didn't give me forewarning of this." Green said.
"A lot of people are going to be really surprised."
"It's been a real communication problem. I think you should always include groups that will be affected in these kinds of negotiations."
Green said Harper had apologized to him for not informing him of his plans to join the army.
"As long as we're included from now on, that's fine," he said.
`*harpier* said he was looking into the possibility of joining ASK to supplement the Uliblaha project.
He met, yesterday in Lawrence with Zacharias to discuss RU's joining the group.
"The meeting went very well," Harper said. "I offered him $2,500 to join ASK with full representation. He said he would take it back and give it to July 18 and know what they decide."
ALTHOUGH THE membership fee for joining ASK is 25 cents for each student, or about $6,000 for HEU, Harper said he thought the $2,500 offered Zacharias was
Harper said Zachierens told him that he was going to about the possibility of KUIs joining ASK.
Harper said his next move would be to investigate the organization.
"I need to take a look at what they've done in the past and find out how effective they've been," he said. "We're not going to rush into anything."
However, according to the members of CSHE, Harper may have rushed already.
"I think KU can be more effective with our own lobbying." Rieger said.
"That way we can pursue our own interests."
She explained how she thought ASK would benefit from KU's joining it.
"ASK WOULD be much more powerful with KU support because we're such a large school," she said. "However, since all the other Board of Regents schools are enrolled in our Regents schools, KU can reap the benefits of belonging without actually having to loan."
Green said Harper would have a difficult time convincing the Student Senate to join
He said, "I think Mike is more optimistic than he ought to be.
that he ought to say,
"It's going to be fairly difficult in any case
to convince the Senate to join ASK and very
difficult if CSHE decides to oppose it.
Green discussed the pros and cons of KU's joining the group.
If enough people from CSHE really worked it, it would be enough to stop it."
"I'm not sure if joining ASK is right for KU." Green said.
"I think the sorts of issues that benefit students are the kind that CSHE deals with. CSHE could even have someone working for them full time in Topeka the same way that ASK does, if we cared to commit the time and money."
"HOWEVER, JOINING ASK might be worth it for $2,500. I know it's not worth $10,000. I think if we did join, we'd have the same challenge, given ASK the ability to disperse it desperately needs."
Green said CSHE would take no immediate action toward opposing the move.
"We're just watching and waiting to see what happens," he said.
Impasses remain after meetings
The Lawrence City Commission changed its meeting location to meet meetings with fire police negotiators.
At the first meeting, with the police, the city decided that because of a late offer by the police, the negotiations were not at impasse.
Both unions are asking for a 4 percent across-the-board pay increase along with a reclassification upward of all uniformed employees. The request, for a boost of one grade would mean a 5 percent pay increase for those personnel affected.
However, a few hours later during the firefighters' meeting, the city changed its position, even though the police had decided to accuse the police. The commissioners decided that both unions
THE NET INCREASE of 9 percent requested by the unions contrasts with the 6 percent wage increase offered by the city to both groups in its last proposal.
The study sessions before the City Commission were designed to resolve any disputes remaining between the city and union representatives after the declaration two weeks ago of an impasse in negotiations.
were at impasse and a special meeting would be held tomorrow afternoon.
Both unions declared their talks with city negotiators were stalemated soon after the June 15 impasse date specified in last year's agreements.
elements.
After receiving a new proposal from
Bakke ruling's effect expected to be little
Staff Writer
By SANDY HERD
Based on preliminary information, the Supreme Court ruling on the Bakke case should not have too great an effect on ad-hoc rulemaking in public schools at the University of Kansas.
"We have never used a quota system in any of our professional schools, so we don't think it will have that great an effect on us." Charcellor Archie R. Dykes said yesterday.
In a narrow 5-4 majority ruling, the court uphold the trial court ruling that Bakke had been discriminated against in being denied admission to the University of California's Medical School at Davis, when less than 30% of minority students had been admitted.
The court did say, however, that other affirmative action admissions policies were valid if race was not the only criterion used. Institutions receiving federal money under affirmative action programs develop and implement policies to recruit, train and improve the status of minorities.
"IT IS ABUNDANTLY clear that affirmative action lives, and race can be taken into consideration in a properly designed environment," Davis, University general counsel, said.
The Court decided that the Californian medical school violated the equal protection clause of the 14th Amendment when it reserved 16 of 100 first-year openings for minority students, thereby creating a strict racial quota.
In saying that race can be a factor in admissions policies, Justice Lewis Powell cited the policy at Harvard College in which race is but one of several qualities considered beneficial in developing a diverse student body.
"We sound more like Harvard College than Cal-Davis," Davis said in referring to the admissions policies at KU's professional schools.
He said that the Bakke rule probably would not have much effect on the admissions policies at KU's law and medical schools.
"Again, any decisions that we would make would not be until we had had an opportunity to carefully examine all of the opinions of the decision," he said.
James Lowman, dean of the School of
Medicine at the University of Kansas
Medical Center, USC.
"From the preliminary information available, we do not anticipate any changes in our admissions policies," Lowman said. "However, we intend to review the entire decision before making any specific statements."
HE SAID that only a very narrow introscope or the Bakke case could cause Med Center intervention.
He admitted that the University's decision as to who was admitted to medical school was based on a variety of factors, including academic achievements and geographies.
"I don't know if that kind of decision making was challenged," Lowman said.
Thorkii Jensen, associate dean of the School of Medicine, also said he doubled the decision would have much effect on the admissions policy.
"Our approach cannot be construed by anyone as being blamed," he said. "I don't see the decision having much of an impact on admissions programs in the state of Kansas. But as far as I'm concerned, we will accent the decision of the Supreme Court."
accept the decision of Marilyn Ainsworth, associate professor of
Cave-in kills KU football player
A University of Kansas football player was killed and a former player injured yesterday morning in Topeka when a 10-foot ditch in which the two were working collapsed.
Doug Messer, men's athletic director,
said he was shocked and grieved at the death of Dennis Balagna, the KU football player.
Balagna was helping to lay a sewer line at the corner of East 21st and Croco streets in Topena where the walls caved in, leaving him buried.
JOHN MASCARELLO, the former KU football player, was treated and released for a bruised chest after the accident.
play. "Dennis was one heck of a football player and one heck of a man," Messer said.
one crew worked for almost 45 minutes trying to free Balagna's body. Attempts to revive him at the scene failed.
Salah.
Balagna was pronounced dead on arrival at Stormont-Vaill Hospital in Topeka.
THE CAVE IN started about two feet from the top, Fouts said, and within a couple of seconds the men were buried by the mud and clay.
Sgt. Farrell Fouts of the Shawnee County sheriff's department quoted a machine operator at the scene as saying
une trench wall "completely blew out, as a tire would."
The crew had been building two sewage lagoons for the M.W. Watson Contracting Co. about 1½ miles east of Topeka.
Mascarello was hurried up to his neck, and it took fellow workers about 20 minutes to free him from the trench.
Moore drove the players' wives to Toneka after learning of the accident.
"We ARE just very shocked about the loss of a young man's life and we haven't thought about the effects it will have on him. We've had a wkedge walter, an instant football coach, said.
Topical
Balagna also leaves a son, born on June 18, Father's Day.
Bulgala and Mascarello had gone into the trench connecting the two laggons to check the depth, Dinkel, the construction superintendent, told the police.
Balagna would have been a senior at KU this fall and was listed as a first string offensive guard after spring drills.
Bul Moore, men's football coach, said, "Our first concern is for Dennis 'family' and his teammates. It is a tremendously added so much to our here at KU."
Al Roberts, a teammate of Balagna, expressed grief at Balagna's death.
Matagina started on defense for the Jayhawks during his first two seasons at KU. He was voted freshman of the year of the Big Eight schools in 1975, when he recorded 48 tackles. In the two years he played for KU, Balagna made 91 tackles.
sangina lost his starting position and the quit because of the 1977 season and quit because of a shoulder injury. He rejoined him in April, but she was switched to the offensive line.
"He was a really good guy and a hard worker," Roberts said. "He was coming into his own as a player and a person."
Balagna was the first athlete to letter in three sports during three years at Winnetka High School, Kansas City, Mo.
He was selected as an All-America football player in high school.
Balagna is survived by his wife,
Frances, and his one-week-old son,
Joshua. 2522 Brotherbuck St. Balagna.
Terrace, Kawartha City, N.E. 48th
Terrase, Kawartha City, Mp.
University officials said funeral services had not yet been arranged.
Dennis Balagna
law, said the School of Law's admissions as consistent with the Bakke decision.
"We're admitting some white students with very low numbers for the same reasons—if they can add to the program," she said.
"IT VALIDATES our policy," she said,
"us know that what we're doing is
right."
Ainsworth, one of six members of the law school's admission committee, said KU was very similar to Harvard College in their admissions policy.
The selection process for law school admissions, she said, involved not only looking at grades and LSAT scores, but also took into account personal qualities, achievements and background, including race.
"We look at every single file," she said. "We don't cut off whites at any point."
"Cal-Davis only went on numbers and race. They didn't mind other criteria."
She said that in selecting candidates, the committee wanted diversity not only in the academic setting but in the profession as well.
Ainsworth said applicants could request reviews of their applications if they were available.
Davis said the several opinions of the justices and the narrow 5-4 majority ruling in the case have been unsettled.
IF ADMISSION was just based on academic qualifications, she said, "it would be very easy to admit all Johnson County students to the law school."
waure the rakke raking bans racial quotas in admissions policies, its effect in other areas.
"We're still having school discrimination cases and that ruling was Brown vs. Topeka Board of Education in 1954," he said, "and that was a unanimous ruling."
Davis said that although most of the court's decision was restricted to an academic setting, Powell's reference to benign discrimination could mean that the decision would be cited in nonacademic cases.
WASHINGTON--The Supreme Court yesterdays that Allan Bickle could go to school.
Powell said that discrimination, whether benign or not, was nevertheless discrimination and that the courts could not decide when it was benign.
Race barred as only factor for admission
The court said that although Bakke suffered illegal discrimination because he was white, race could be considered in choosing among applicants for college admission.
The 5-4 decision by the court was a clear victory for Bakke, but had no clear guidelines for the future use of quotas or minorities programs designed to aid minorities.
Although the court's decision concerned only college admissions, it could affect minority hiring practices by hundreds of businesses and government agencies under affirmative action programs developed over the past 15 years.
That warning was sounded by Justice Thurgood Marshall, the court's only black, unopposed judge.
"IT HAS BEEN SAID that this case involves only the individual, Bakke, and this university," Marshall said. "I doubt, however, that there is a computer capable of determining the identity of persons and conditions that may be affected by the decision in this case."
The court's majority opinion held that the University of California's medical school at Davis went too far in considering race when it refused to admit Bakke. However, the major opinion opinion said some affirmative action programs could be allowed about admitting students—without explaining what those programs might be.
The justices limited their seven separate opinions to admissions policies in education and did not directly address themselves to other affirmative action programs.
Bakke's victory came in the court's main opinion by Justice Lewis F. Powell Jr. In that opinion, Powell held that strict racial quotas or goals were unconstitutional.
"Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake," he wrote.
HOWEVER, the four justices who joined Powell in the majority opinion did not address themselves to the question of racial quotas and goals or Constitutional guarantees. In their opinions, they said Bakke deserved admission in school under provisions of the 1964 Civil Rights Act, which prohibits discrimination VINES.
While ruling out quotas and goals, Powell See DECISION page eight