12
Friday. April 25. 1980
University Daily Kansan
Court . . .
From page one
reason," he said. "It takes it out of an issue of facts and makes it an issue of law."
UNIVERSITY SENATE rules state that charges may be summarily dismissed in a preliminary hearing on several grounds.
These include a lack of jurisdiction of the hearing division to decide the case because other potential remedies have not been exhausted, insufficient notice was given to the defendant, or the statement of charges does not set forth or charges for which relief can be granted.
The rules also state that any one grounds "which might properly be a basis for a summary dismissal" may be used.
With the majority of cases decided in the preliminary stages, such regulations give much discretion to the chairman of the board, and hears summary dismissal motions.
SenEx...
This same discrease is lacking in the judicial's penalty—imposing ability and further weakens the system's credibility, according to its critics.
Any sanctions recommended by the judicial, should a case advance beyond the preliminary stage and complete the formal review, with the approval or disapproval of the chancellor.
IN CASES BROUGHT against the chancellor, the possibility is there that the chancellor could decide on sanctions recommended against him.
Richard Cole, professor of philosophy, who was chairman of the hearing division in 1971-72, said the judiciary had the theoretical basis for what they there were several points of dissimilarity.
"Every court of law depends on the extent and power of government to enforce its rulings. It is important to anomalous if a person asking sanctions had then decided by the person they were sent to."
"We don't have the mechanisms for protecting independence like the federal judiciary. There is not a case in which the presumption would be coopted by the administration.
"It could happen, but it's not necessary that it would."
Masuda said he felt no pressure in making his decisions even though he was unturned during his term as chairman.
"It did not to the best of my conscious ability inhibit me in my decisions," he said. "I will knowledge appearances, though I am unconscious restraint did entrust my mind."
RICHARDS, ALSO untenured during his term as chairman, said he felt no pressure, but kept the fact that he was untenured in mind.
"I'm not suggesting I felt pressure," he said, "but as an untened professor I gave it a little thought.
"They shouldn't use tenured professors as chairman."
McNish, the current chairman, is an adjunct professor. That means he is unpaid for teaching and in no danger of being denied tenure.
But Kuby said the influence of Strong Hall was obvious.
"I never doubted my charges would be dismissed since they involved the chancellor," he said. "I've never known of any substantive charge that has been upheld."
In some cases, charges that have been upheld by the judiciary have been ignored with immunity.
Greg Schmanze, student body president,
was ordered in 1977, along with three other members of the Avanti sophomore class at Yale University. A group of Student Senate campaign regulations.
SCHANKE AND HIS COHIT, who had a $30 food aid airbnb in front of STREAK, insisted on regulations, refused to pay $6 in fines levied by the Student Senate Elections
The committee brought charges to recover the money in the judiciary.
"It took eight months," Schnacke said. "During that time the Senate changed the rule.
"The judiciary sent us a lot of letters and we tossed most of them. We got letters on thinly like the history of the judiciary.
"The postage was probably more than the fines."
Schnecke said that in the eight months there was only one bearing on the matter. Although finally ordered to pay the fines by the judiciary, the group refused.
"We all said we wouldn't pay," he said.
"They could do nothing, either."
The option of enacting sanctions imposed by the judiciary rests with the University administration.
CRITICISMS OF THE judiciary are met with various responses by those who worked with it.
parties can go in and have a third party vote. It might be that the senator a former hearing division chairman, said. “But it’s not clear from the (University Senate) Code who has the power of sanc-
Masuda said that during his term as hearing division chairman, the judiciary server much as aim umbdusman. At that time he would have not have a separate umbdusman's office.
"It it gets two parties down to work things out," he said. "The whole concept is desirable. A system of which a judiciary is a part is a good idea."
"I guess it's effective in the sense that
Contraint to the theory of the system's operation, however, is a rule which keeps all records of judiciary proceedings confidential.
DURING THE HEARING on the motion to dismiss Lionel M. Chisholm's charges, McNail said his client has been unfairly prosecuted in United States Supreme Court," since any action taken by judiacially courtiy could be dismissed.
However, unlike the U.S. court system, University Senate Rules and Regulations, Article V Section 3.1, mandates that a prosecutor proceedings routinely be kept confidential.
All regulations in the University Senate Rules and Regulations are developed and passed by the University Secretary executive committee and the University Council. Both
"The records of the courts are open because the courts do not have a rule of confidentiality." McNish said. "The利奇 has a law."
Cole, however, said he was surprised the confidentiality rule existed.
groups are composed of faculty members and students.
"Public scrutiny is one guarantee of fair proceedings," he said.
FOR THESE WHO are dissatisfied with the judiciary, there is a move to revise it, along with the entire University grievance procedure network.
In January, Francis Heller, Roy A. Roberts professor of political science and law compiled a review of University Law proceedings presented to SenEx. The report recommended the establishment of a "unified" University judicial that would encompass all aspects of the law.
Heller commented in the report that the present judiciary's power was the responsibility of the administration, not University governance.
He said that unless the administration coordinated its efforts in deciding judiciary policy with governance, the number of judges resenting resort to the civil courts could increase.
THE FACULTY SENATE committee on biomedical sciences will review the abilities received Helper's report and rude several additional recommendations. That report will be discussed at today's FaexFc
Should the judiciary system change, the complaints may cease. But now, the system apparently is not inspiring satisfaction in those who use it.
"It was a very disappointing experience," Kuby said. "It was a very good show, though.
From page one
take their complaints to the office of the "administrative law member."
"I walked out of my hearing feeling that maybe I had been just a bit cynical, and then they came back with this insane ruling."
The administrative law member would be one of three tenured faculty members on the judiciary who graduated from an accredited law school and were allowed practice law.
NEXT, THE COMPLIANTS would be directed to one of five sets of procedures to be performed in the court consist of Affirmative Action procedures, tenure procedures, parking and traffic court procedures, classified employees or courts, judicial hearing and appeal procedures.
Should the complaint be referred to the mediation hearing and appeal procedures, he would undergo a judicial process similar to the appellate hearing and appellate divisions.
At the option of the complaintant, a written grievance could be heard by the Mediation Panel. If the conflicts is not resolved there, it would be referred to the hearing panel.
The complaint has the option to proceed directly to the hearing panel, however. A decision is rendered by the panel and if it is satisfied with the complaint, it is reviewed by the appeals panel.
THE APPEALS PANEL would then either direct a new hearing or deny the anopeal.
The Committee on Faculty Personnel must present a memorandum three and more guidelines for the judiciary, including provisions for closing hearings at the request of one person involved in that case, and procedures for admissions made in mediation; record keeping of proceedings; and the right any time an admission is denied.
Any action recommended by the hearing panel would be enacted only by the chancellor or the Kansas Board of Recents.
PSYCHOLOGY POSTER CONFERENCE
Presentation of Undergrad Research Papers
9:00 a.m.—April 26
Union Parlors A-B-C
Free Coffee & Donuts
Everyone is welcome
--the professionals
"That'what I like!"
1st Annual Volleyball Tourn.
(ICHABOD'S BACKYARD)
CHEEP BEER
Games April 26 and May 3
1:00 Each Day
GRAND PRIZE-TROPHY
$3.00 Team Fee
Brina Your Team and Supporters!
--the professionals
Sunday Brunch Buffet 11 am to 2 pm Level 2 $4.50 Includes Beverages! Make Sunday Special! General Public Welcome
--the professionals
LEVEL 2 KANSAS UNION
We are proud to have furnished sign painting, sandblasted signs interior graphic signage, and display cases for the new facility.
THE KANSAS UNION FOOD SERVICE
The University Kansas Student Awards Committee is accepting nominations for two awards annually awarded to graduating seniors. These awards are the Agnes Wright Strickland Award and the Class of 1913 Award.
The Agnes Wright Strickland Award was established in memory of Agnes Wright Strickland, a member of the class of 1887. The award is given annually to a graduating senior man and graduating senior woman in recognition of a good academic record, demonstrated leadership in matters of all University concern, respect among fellow students and indications of future dedication to service to the University.
Congratulations to the Kansas Satellite Union!
The Class of 1913 Award was established by the Class of 1913. The award is given annually to a graduating senior man and graduating senior woman who by his/her evidenced intelligence, devotion to studies and personal character gives promise of usefulness to society.
Applications for the Class of 1913 Award and the Agnes Wright Strickland Award are available in the Office of Student Organizations and Activities, 220 Strong Hall. The Student Awards Committee invites nominations from the University Community. Self nominations are also welcomed. Applications for the awards must be received in the Office of Student Organizations and Activities, 220 Strong Hall, by Friday, May 1, 1980.
ART&SIGN
(913) 842-4930·619 Vermont
Offer good—Thurs.-Sun., April 24-27
Hawksstock '30 is being sponsored by the Interfraternity Council and Students Concerned with Disabilities.
Five bands are scheduled to appear during the festival, which was designed to
'Hawkstock Day' declared
Gov. John Carlin will sign a proclamation Monday "Day of Invasion" by the state in conjunction with Hawkstock 80, a music festival scheduled to begin at 4 p.m. in Memorial Park.
seemed nice that he did not expect any
alien said that he did not expect any
work to be done the office to attend
this afternoon's festival, but that he was
hoping Carlin would purchase a ticket.
raise money to purchase a van for transport of handicapped students.
Ron Allen of the IFC said he contacted the governor's office several times before they showed some interest in the program.
Allen said about 4,500 tickets had been sold and would be available at the gates. Beer is included in the cost of a ticket.
FEATURING
FINE IMPORTED AND
CALIFORNIA WINES
FEATURING
AND
30 VARIETIES OF
COLD BEER!
Meisner Milstead Liquor
842-4499
IN HOLIDAY PLAZA
(2 DOORS WEST OF KIEF'S)
We have plenty of summer jobs available in the Kansas City metropolitan area as security officers. You must be at least 18 years of age, have your own transportation, and phone in home.
STUDENTS AND INSTRUCTORS
Apply in person Mon-Fri 9 a.m.-5 p.m.
Wells Fargo
3245 Broadway KC.MO 64111 (816) 931-0511
Recognizing K.U. Women
April 28,1980 730pm
Kansas Room Union
Reception following in the Watkins Room
Partially funded by Student Senate and co sponsored by unassigned Women's Advisory Group
Sponsored by the Commission on the Status of Women
Sponsored by the Commission on the Status of Women