Tuesday, April 8. 1980
University Daily Kansan
7
Leban to appeal dismissal of rights violation case
Staff Reporter
By BILL MENEZES
Carl Leban, associate professor of East Asian studies, plans to take his charges against Chancellor Archie R. Dykes to the Appellate Division of the Court to dismiss their dissummil Friday by the Hearing Division.
J. Hammond McNish, chairman of the University Judiciary, dismissed the charges in agreement with a motion filed March 13 by Vickie Thomas, associate University general counsel.
The motion said that because Dukes had suffered no personal injuries from any actions by Dykes, he could not sue.
Laban filed charges with the Judiciary on March 3, alleging that Dykes had violated his rights, and the rights of all University students, staff and faculty of the institution. The former Forest and Clarence Dillingham in December.
Forer, associate professor of social welfare, and Dillingham, instructor in social welfare, were
suspended without pay by Dykes during their trip to Iran in an unofficial attempt to help resolve the crisis
"The Supreme Court has held several times the persons must allege injury to themselves." Thomas the complaint (Leban) alleges in his charges that definitely violations of the rights of other people.
McNish agreed and sustained the motion to dismiss the charges.
Thomas cited several U.S. Supreme Court decisions where complaints were ruled not to have standing and said that standing was necessary to prevent unnecessary lawsuits.
"Your sincerity is indisputable," he said to Leban.
But I see this as falling squarely in the precedent case.
"The damage you allege is too remote and indirect.
No doubt any action taken by the administration could be taken by somebody as an infringement of their rights."
MeNish said the damage alleged in the precedents cited by Thomas was more direct, and the Supreme Court still would not give their complainants stan- ries relating to the matter that were defaming duly.
However, Leban said the chancellor circulated and mentioned him and several others by name and he reserved the right to file a defamation suit against the University.
"I have defamatory letters that mention me by name," he said, "and you say that is indirect."
McNish said, however, that current legal trends complaintens needed to have direct interest in the case.
Before the dismissal, Leban had requested that his charges be allowed to proceed as a class action suit, and cited a case that he said showed that indirectness in file charges reduce the standing of third parties to file charges.
This request was denied by McNish, who said Leban would not be representing the entire faculty, a
"I would imagine there many members of the faculty who would not want an action on their behalf."
Leban's request for counsel also was denied at the beginning of the hearing.
He challenged the use of the general counsel's office by the chance that he had made a legal assistance to a local legal assistant.
"For the respondent (Dykes) to deny my tax-supported counsel seems unconstitutional," Leban said. "The refusal to provide me with counsel is a violation of due process."
Leban said the chancellor's use of tax-paid legal counsel while he had to represent himself was
McNish overruled his request, and said there was
"much precedent" supporting the use of the general counsel by the administration in similar cases.
However, Leban said that in 1787 Del Shankel, however, he was a university charceller, ruled out the use of the University community unless he was a University community unless the complainant had also filed charges outside of the University com-
Leban said this was mentioned in a letter written by Shankel in November 1978.
"This would require that the respondent be barred from using the general counsel," he said, "or that the respondent use the counsel."
Shankel said yesterday that he only vaguely remembered the contents of the letter.
McNish replied that the general counsel was set up to serve the administration, and that Lebanon had "a proper opportunity" for legal counsel, either from Legal Aid, the University emsembler or similar agencies.
City to discuss development ideas
By LYNN ANDERSON Staff Reporter
The ice floes of a long winter of discontent may begin breaking up tonight when two city commissioners present proposals for downtown development.
Commissioner Marci Francisco said yesterday she would ask the Lawrence City Commission to consider asking the Lawrence-Douglas County Planning Commission to examine comprehensive planning and development standards.
Francisco said the planning commission was the "logical body" to hold public hearings because "if we want to do anything has impact, we need to go through them."
Francisco said that the city commission's role should be to meet with the planning commission subcommittee, and that the city commission should deal with downtown development on its own.
But Commissioner Barkley Clark said he would make an alternative proposal and ask that the city commission begin in the next weeks to hold public hearings on the issue.
HE SAID the first hearing should allow the commissioners to discuss their views concerning alternatives for development. The commissioners also told South Lawrence at approximately 37th and Iowa streets, a "do-not-option" of no development, and the addition of large office buildings.
Clark said any discussion of the latter should include criteria such as willingness to tear down parts of existing neighborhoods.
Cark said his decision to request public hearings was in response to the continuing delays of Action 80, a private group that is working with a Cleveland-based mall developer.
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"We'll let Action 80 go ahead and do its thing independently," Clark said. "But it's seen going on for so long that I think the team is ready that they be done in doing it to be stopped."
Clark is a former member of Action 80.
The standards for downtown development presented to the commission by Citizens for the city were that, because residents, was a second factor that prompted Clark to try to open the discussions to the city.
"I feel the CBD has a lot of good things in its standards, and it appears that the Action 80 plan won't be on the table for some time," Clark said.
BARBA WAGGONER, 726 Louisiana St. a member of CED, said she was pleased that the commissioners would push for public input.
"I think the whole city is likely to get a renewed sense of being a community," Waggoner said. "This is a very healthy step."
for both the physical and the social planning outcomes of the city."
Waggoner said she hoped the discussions would focus on the nature of development in general and not become mired in any one option.
"I hope that for the next couple of weeks we can suspend the use of the four-letter word mall," Waggoner said. "It has become an obstruction."
AN INCIDENT Saturday in downtown Lawrence may bring the issue of roller skate rental back to the commission, which is overseen by the Downtown Lawrence Association.
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Win Campbell, owner of Campbell's Men's Wear, 841 Massachusetts St., said a mobile skate rental operation Saturday flooded downtown sidewalks with skaters. And according to the manager of the Royal College Shop, 877 Massachusetts St., an oak racked down and other shopers intimidated by skaters playing radios and skating.
Campbell said the problems had prompted downtown merchants to consider asking the commission to pass an ordinance to prohibit skating on downtown sidewalks.
He said there already were ordinances forbidding bicycle riding and skateboarding on the sidewalks.
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