The University Daily Kansan
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THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
Sports: Kansas survived a late run by Missouri, winning 83-82 behind Drew Gooden's 20 points.
SEE PAGE 1B
Inside: Hundreds of laidoff Coca-Cola employees protested Saturday in Atlanta.
(USPS 650-640) * VOL. 110 NO. 110
MONDAY. MARCH 6, 2000
University wins discrimination suit
Second federal case scheduled for April
By Jim O'Malley
writer@kansan.com
Kansan staff writer
The University of Kansas won the civil rights lawsuit brought against it by Cynthia Annett and Ray Pierotti.
The jury at federal district court in Kansas City, Kan., returned a verdict in favor of the University on all counts Friday afternoon, court officials said.
WWW.KANSAN.COM
Annett, a former assistant professor of
ecology and evolutionary biology, alleged that the University had denied her tenure because of her gender and had retaliated against her for opposing discrimination in the department's graduate program. Pierotti, her husband and an associate professor in the department, alleged retaliation by the University and the department chairman, Thomas Taylor.
Lynn Bretz, interim director of University Relations, issued a prepared statement Friday following the decision.
The jury was instructed that it was not to
"We are pleased with the outcome today," she said. "The court's verdict shows that the University was fair in its treatment of the plaintiffs."
decide whether the University treated the plaintiffs fairly, however. It was instructed only to decide whether the University was motivated by gender discrimination or retaliation for opposing discrimination. Bretz said Friday in an interview that
"But, fortunately, they are not frequent," she said.
Annett, however, said her case was only the beginning.
The University faces another legal battle in federal court next month, when the trial of a civil rights lawsuit by Marie Aquilino, former assistant professor of art history, is scheduled to begin.
Annett said she was only one of many who
opposed discrimination at the University.
"We are a coalition and we have every intention of increasing our activities," she said. "We have a lot of very important issues to deal with. We got a tremendous amount of evidence into the public record in the trial. Now we can examine it."
Annett said that she would stay in Lawrence and that her work would involve the University. She plans to work on a project to start the first international exchange program at Haskell Indian Nations University. The program, which is financed through grants, would arrange exchanges between indigenous Siberians and Native Americans at the University and Haskell.
Kansas offensive lineman Marcus Owen assembles the roof supports at a Habitat for Humanity house at 1607 Wedgewood Drive, which is being built for Dana O'Brien and her 9-year-old son Gabriel. Members of the offensive line, offensive line Coach Walt Klinker and coach Terry Allen worked on the house during the weekend. Photo by Nick Krug/KANSAN
Habitat scores a touchdown
Kansas football players help group build hope
By Jessie Meyer writer@kansan.com
Kansan staff writer
The offensive line of the Kansas football team traded in their helmets and jerseys for hammers and nails Saturday and helped put the roof on the most recent Habitat for Humanity project.
Offensive guard Charles Jarvis, San Pedro, Calif. senior, said he was glad to help out where he could.
"We just figured we wanted to do something for the community to show we cared," Jarvis said. "I try to participate as much as possible, just to give something back to the community."
Terry Allen, football coach and honorary chairman for Lawrence Habitat for Humanity Inc.'s HomeBuilders 2000 Campaign, said he was pleased his players
wanted to help out.
"It's something the guys all wanted to take part in," Allen said. "And I think it's good for young people because the hard work goes directly back into the community."
Alison Beck, Overland Park senior and co-construction leader for the site, said she was glad the team members came out because there was a lot of work to be done.
The two-bedroom house at 1607 Wedgewood Drive that the linemen worked on will go to Lawrence resident Dana O'Brien and her 9-year-old son, Gabriel. They are the 35th family to partner with Lawrence Habitat, said Linda Klinker, program director for Lawrence Habitat for Humanity, 412 E. Ninth St., and coordinator for the HomeBuilders campaign.
"They're lifting the tresses for the roof." Beck said. "And it's easier with some bigger guys. By next Saturday, it should look like a real house."
See FOOTBALL on page 7A
Kansas offensive line coach Walt Klinker, left, and Steve Nicolai, Lawrence resident, prepare to saw a wall piece for the house. Coach Klinker's wife, Linda Klinker, is the program director for Lawrence Habitat for Humanity, 412 E. Ninth St. Photo by Nick Krug/KANSAN
Professor's civil rights lawsuit dismissed
By Jim O'Malley writer@kansan.com Kanson staff writer
The University won another legal victory last week when the civil rights lawsuit by former law professor Emil Tonkovich was dismissed at federal court in Kansas City, Kan.
Tonkovich sued the Board of Regents,
Tonkovich sued t. the University and University officials in 1995 after he was fired based on allegations that he pressured a female law student to perform oral sex on him.
Tonkovich denied the allegations and claimed he was being persecuted for his conservative politics.
Tonkovich is only the second tenured professor to be fired from the University.
Most of the federal civil rights claims Tonkovich had made against the University and University officials were dismissed last year. That left only federal civil rights claims against Chancellor Robert Hemenway and a variety of claims
"Tonkovich would have had to allege that other professors who had sex with a student, in a manner that exploited the student, were not treated the way he was treated by University officials,"
G. Thomas Van Bebber U.S. District judge
that the firing violated state law.
In an order issued Feb. 25, U.S. District Judge G. Thomas Van Bebber dismissed the remaining civil rights claims against Hemenway.
The judge ruled that the firing and the University's procedures for appeal employment decisions did not violate Tonkovich's constitutional right to due process or basic fairness.
The court also dismissed Tonkovich's equal protection claim against Hemenway because he didn't allege unequal treatment.
"Tonkovich would have had to allege that other professors who had sex with a student, in a manner that exploited the student, were not treated the way he was treated by University officials," Van Bebber wrote, quoting an earlier ruling in the case by the 10th Circuit Court of Appeals.
Van Bebber then dismissed Tonkovich's state law claims because there were no more federal claims before the federal court. But the ruling left Tonkovich free to pursue his state law claims in state court.
The case is not yet over. The Laurence Journal-World reported Saturday that Richard P. Hutchison, of the Landmark Legal Foundation in Kansas City, Mo., who is helping Tonkovich's case, said Tonkovich would pursue his claims in state court and appeal Van Bebber's ruling to the 10th Circuit Court of Appeals.
Hutchison could not be reached for comment yesterday.
Computer lab proposal may find new life at underused Burge Union
Bv Erinn R. Barcomb
Kansan staff writer
A narrowly defeated proposal that would have put a computer lab in the Kansas Union may have found new life in the Burge Union.
Some members of the Student Senate listserv have been tossing around the idea of putting a computer lab that was originally intended to replace the Jaybowl in the Kansas Union in the less-frequented Burge Union.
Christian Lutz, graduate senator, said he had several reasons why a computer lab would work well at Burge.
would work in Burge, I just see it as an empty building, but I think it has a lot of potential," Lutz said. "It's basically space that needs to be used."
Lutz said that most computer labs were located east of Naismith Drive but that 2,500 students lived west of Naismith Drive on Daisy Hill.
Moreover, a computer lab on the lower level would increase traffic in Burge, drawing attention to student services located on that level.
"Even though students have their own computers, there are some that can't afford to have their own."
Lutz said.
"They are forgotten because they are on
the lower level, not like the Crimson Cafe," Lutz said.
Lutz said he was finding the best vehicle for the proposal, whether that meant
approaching union directors or going through Student Senate.
Brian Bartelt, West Des Moines, Iowa, junior, said he went to Burge when he lived in Templin Hall and still went there occasionally. But he went for services such as the bookstore or Legal Services for Students, not to hang out, he said.
"I've been in the Burge Union a lot, and I know there are a lot of important services, but in terms of people going there, it's pretty deserted," Bartelt said.
He said he was in favor of putting a computer lab in Burge.
"I think that's a good idea, particularly if they had food at late hours," Bartelt said. "I just don't think the Jaybowl was a place to use it."
Bartelt said Pat Beard, building services manager for the Kansas and Burge unions, saw Bartelt's name on the listserv and invited him to meet after spring break with the Burge Future Committee, a task force formed last semester.
Bartelt is also a movie critic for the Kansan.
"It would be difficult to find the space for that based on the offices, cafe, bookstore and some of the rooms that are there now," Popp said.
Popp said he did not think the addition of a computer lab and other amenities was as feasible as some might hope.
Cameron Popp, Student Union Activities president and a member of the Memorial Corp., which owns the unions, said physical changes would be taking place at Burge, including installation of a new roof during spring break. But most of the changes will be subtle, like new lighting and ventilation, Popp said.
Some of the changes proposed for the
"I've been in the Burge Union a lot, and I know there are a lot of important services, but in terms of people going there, it's pretty deserted."
Brian Bartelt
West Des Moines, Iowa, junior
Jaybowl are taking place in one form or another at the Kansas Union, such as the addition of the Mail Boxes Etc. Popp said.
He said the Burge Union was intended to fill a niche that the students had indicated they wanted to see, but that it didn't mean that anyone was actually going to use the space.