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1 CENTIMETER = 0.3937 INCHES - 1 METER = 39.37 INCHES OR 3 28083 FEE I OR 1 0936 VDS - 1 INCH = 2.54 CENTIMETERS - 1 DECIMETER = 3.937 IN OR 0.328 FOOT 1 FOOL = 3.048 DECIMETERS - 1 YARD = 0.9144 METER MAYES BRG
Cheap gas See page 3.
The University Daily
KANSAN
Cloudy, cold High, 20s. Low, 10. Details on page 3.
Published since 1889 by students of the University of Kansas.
Vol. 95, No. 75 (USPS 650-640)
Wednesday, January 16, 1985
Judicial Board says petition wrongly invalidated
By NANCY STOETZER Staff Reporter
A student's petition calling for a campus vote on Student Senate financing of Gay and Lesbian Services of Kansas was wrongly invalidated by a Senate committee last fall, a University Judicial Board hearing panel ruled earlier this month.
The ruling returns the petition of Steve Imber, Lawrence senior, to the Senate Elections Committee for re-examination.
"It is our view that the Student Senate Elections Committee did not perform its function in a responsible fashion," Murray Levin, hearing panel chairman, said in a letter stating the panel's conclusions and recommendations to Eric Strauss, board chairman. The letter, dated Jan. 3, was given to the Kansas by a source requesting anonymity. The letter does not state when the panel reached the decision.
The hearing panel was formed to consider its appeal of the Elections Committee's invalidity.
In its ruling the hearing panel said, "This is a highly charged political matter. It is our belief that the committee did not proceed in formal a manner as the circumstances dictate."
IN INVALIDATING IMBER'S petition last fall, the Elections Committee objected to the petition on a technical point. The committee said the petition did not contain the exact wording of legislation to be enacted, as required under Senate rules.
Thom Davidson, chairman of the Elections Committee at the time of the invalidation, said yesterday, "I'm disappointed. This is just another case of people shirking responsibility on a controversial matter. This farce has gone on long enough."
The Elections Committee has 30 days from the date of the decision to appeal. But Davidson said he probably would not appeal.
He said he had not talked to committee members yet and needed to talk with administrators and Senate members.
Imber said yesterday that he did not want to comment on the hearing panel's ruling immediately but would make a statement later this week.
Ruth Lichtwardt, president of GLSOK, said she could not comment on the ruling.
STRAU8! SAID THE board's privacy rule would not allow him to comment on the panel's webpage.
Levin could not be reached for comment.
The letter recommends that the committee "resume its determination of the validity of Mr. Imber's petition, under the guidance of professional legal counsel."
The University general counsel would be a logical choice as the committee's counselor, the letter said.
Legal counsel should address three issues, the letter said.
It should determine whether Senate rules
would permit rewriting of proposed legislation concerning the financing of GLSKO or whether the petition must contain the exact legislation as it would appear on the ballot.
It also should determine whether an appropriations question could be put to a campus vote and whether placing the petition on a ballot for a campus vote would violate University policy.
IMER'S PETITION "DISPLAYED a considerable lack of care in wording." Levin said in the letter. "We do not believe, however, that it was a responsible and well-reasoned analysis that led the committee to invalidate the petition."
The "critical determinants" in the invalidation were legal issues, the letter said, and the committee lacked expertise on those issues.
The panel rejected the committee's claims that it had sought legal advice from experts
on referendum petitions and from KU administrators, the letter said.
"The evidence presented to this hearing panel, however, does not support these claims in a meaningful way." the letter said.
"In actuality, the 'knowledgeable advisers' were Student Senate members who were self-proclaimed authorities. Obviously none had prior experience with any Student Senate petition or referendum, as the Imber petition was a first."
ANOTHER EXAMPLE OF the committee's lack of responsible conduct, the letter said, was that "Mr. Imber was never advised of the particulars in which his petition was defective."
Carlin urges changes in liquor and tax laws
Davidson told members of the panel that he unsuccessfully had tried to telephone Imber several times and that no letter was ever sent to Imber, according to the letter.
The controversy over Senate financing for GLSOX heightened with the appearance last fall of "Fagbusters" T-shirts on campus
By MICHAEL TOTTY
Staff Reporter
TOPEKA — Kansas is in an "era of competition" that requires the state to invest aggressively in economic growth and revamp its archaic liquor laws, Gov. John Carlin told a joint session of the Kansas Legislature yesterday.
Carlin, in his annual State of the State address, told lawmakers that additional revenues were needed to encourage growth stroke strongly in favor of liquor by the drink.
"Kansans are entitled to a better life," the governor said, "and if archaic laws laws hurt investments, prevent us from creating new jobs, or deny us the economic growth to expansion of state services without additional taxes, then those laws must be changed."
CALLING EDUCATION "the cornerstone for our state's economic development and growth," Carlin proposed a $67 million increase in general state aid to elementary and secondary schools and a $26 million increase for the seven Board of Regents schools. These include the six state universities and the Kansas Technical Institute in Salina.
"We cannot afford to lose the talent, the ideas, the contributions to society and the high standard of living that result from a sound educational system." Carlin said.
The increase would give the University of Kansas 7.8 percent more in general use funds, up from $103 million in fiscal year 1985 to $111 million in 1986.
"We must allocate needed revenues to provide competitive salaries, to implement quality control measures for our public school teachers and to maintain programs and facilities needed to prepare our students."
THE GOVERNOR'S proposed budget calls for a 6 percent increase in faculty and student salaries at the Regents schools and a 1 percent increase in the state's contribution to the faculty retirement fund.
It also recommends increasing the salaries of graduate teaching assistants and raising their fee waiver from 60 percent to 75 percent.
To finance his requested budget increases, Carlin has proposed a half-cent addition to Kansas's 3-cent sales tax. Although a recent poll conducted by KU's Center for Public Affairs indicated that 70 percent of those polled favored such an increase, the proposal faces stiff opposition in the House and Senate.
Carlin said that while the state required additional revenues to meet its future needs, he was not committed to the half-cent sales tax proposal. He said he was willing to support a fair alternative if the Legislature came up with one.
IN HIS MESSAGE, Carlin attributed the need for the tax increase to the state's recent poor economic performance and a potential decrease in revenue because of the large federal budget deficit.
A change in the Kansas liquor laws is also essential to the state's economic growth, Carlin said. He called liquor by the drink an economic issue rather than a liquor consumption issue, and he said it was time "we ended our hypocrisy and legalized what Kansans have access to but outsiders do not."
The KU poll indicated that six out of 10 Kansans questioned supported liquor by the drink. It also revealed that 85 percent of Kansans requested a constitutional amendment to put the issue on the ballot.
Carlin said legalizing liquor by the drink could help change many people's negative image of Kansas.
Gov. John Carlin delivers the annual State of the State address to a joint session of the Kansas Legislature. The gover- increase in taxes to finance higher education.
Strobi said many students who lived in other halls and off campus came to the
Dinner might be culprit in illnesses at Hashinger
See FOOD, p. 5, col. 2
By TAD CLARKE Staff Reporter
Officials at Watkins Hospital said about its Hashinger residents came to the hospital because of a back injury.
Staff Reporter
Finals are enough to make any student ill. But about 50 residents at Hashinger Hall had another reason for feeling nauseated when they came down with a stomach virus at the end of last semester.
Many residents complained to hall personnel that they felt sick after eating dinner Dec. 16. Officials from the department of housing and from food services on Dec. 18 called a sanitarian from the state Department of Health and asked Tepocha to test samples of the food in case food poisoning was the problem.
Most of the illnesses were reported Dec. 18, said James Strobl, Walking director.
J. J. Wilson, director of housing, said the report from the health department had not yet been completed. Wilson said he wasn't sure when test results would be returned, but said he didn't think the illnesses were caused by food poisoning.
INITIALLY, WILSON and other officials thought a worker in the cafeteria might have transmitted a virus. Wilson said this would explain the large number of illnesses among one living group, but he said that several residents who contracted the illness did not eat dinner at the hall Dec. 16.
Chancellor pleased by proposed budget
By DENEEN BROWN
Staff Reporter
Chancellor Gene A. Budig said yesterday that Gov. John Carlin's proposed 7.8 percent increase in state funds to the University of Kansas was the most encouraging recommendation made by Carlin in four years.
Although the $111.7 million proposed budget did not include all the recommendations submitted by the Board of Regents, Budig said that Carlin's recommendation gave the University something to build on.
Carlin's recommendations for KU were part of his annual budget proposal, delivered yesterday before a joint session of the Kansas Legislature. The governor's budget details state financing for fiscal year 1986, which begins July 1.
"While not all of our requests are included in his recommendations, the governor has clearly proposed some important improvements in key areas of need." Budig said in a prepared statement.
BUDIG SAID HE was pleased with the proposed 6 percent increase in faculty salaries - which had been a University priority this year.
"We are especially appreciative of Gov. Carlin's recommended increases in compensation for faculty and unclassified staff." Budig said. "The proposed increase in compensation will increase in retirement benefits will help us attract and retain superior faculty members."
Faculty and administrators are unclassified employees.
The Board of Regents had requested a 7 percent increase in salaries of classified and unclassified employees when it submitted its budget request in September. In November, the state budget office pared that recommendation to a 5.5 percent increase for unclassified employees.
Carlin's 6 percent proposed increase represents a compromise between the two.
CARLIN RECOMMENDED a total operating budget of more than $175 million for KU. This includes the $111 million from the state
general-use fund, and about $28 million in estimated student tuition for 1986.
Carlin now will submit his recommendations to the Legislature, which usually revises them before approving a final budget during its session, which opened Monday.
The final appropriation from the Legislature will go to Carlin for his signature.
Some local legislators were optimistic about the recommended increases for KU.
State Rep. Betty Jo Charlton, D-Lawrence, said the proposed budget depended on state tax increases, which might not be approved by the Legislature.
"THE BUDGET AS a whole may not be dead on arrival as is President Reagan's." Charlton said. "But the outlook for it is poor."
State Rep. John Solbach, D-Lawrence, said the governor had placed a high priority on higher education in the state. But he said the question remained whether the Legislature would be willing to increase taxes.
See BUDGET, p. 5, col. 1
Court rules students lose some protection from searches
By United Press International
WASHINGTON - Students have less protection than adults against searches for drugs, weapons and other illegal items, the Supreme Court ruled yesterday, giving school officials greater freedom to maintain discipline.
All nine justices agreed that, the Fourth Amendment's prohibition against unreasonable searches and seizures applies to students, but divided 6-3 on how and when those rights apply.
Writing for the majority in a New Jersey
case, Justice Byron White said the court had to balance "the privacy interests of schoolchildren with the substantial need of teachers for the freedom to maintain order in schools."
THE BALANCING, WHITE said, means school administrators do not need a warrant to search a student and do not have to have "probable cause" to believe that a pupil has violated or is violating the law to conduct such a search.
"Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search." he wrote.
But the dissenters, led by Justice William
Brennan, took vehement exception to the standard set by the majority.
"Today's decision sanctions school officials to conduct full-scale searches on a 'reasonableness standard', which is not the Constitution dictates. Brennan wrote.
"In adopting this unclear, unprecedented and unnecessary departure from generally applicable Fourth Amendment standards, the court carves out a broad exception to the standards that this court has developed over considering Fourth Amendment problems."
student suspected of smoking in the lavatory at the Piscataway, N.J., high school. The search, conducted without a warrant by an assistant principal, turned up drugs and evidence of drug sales.
The student admitted selling marijuana and was charged with juvenile delinquency, but her lawyer said the confession and evidence were obtained without cause to believe a crime had been committed.
The Supreme Court of New Jersey allowed the drug-related evidence to be suppressed because it found the principal did not have reasonable grounds to believe the girl had evidence of criminal activity.
BUT THE JUSTICES RULED Tuesday the seizure of the items from the juvenile's purse had not been illegal, and the New Jersey Supreme Court erred in not allowing the marjujuana into evidence.
The high court's ruling had been eagerly awaited by school officials, who hoped it would strengthen the hand of teachers to maintain discipline in schools. Numerous school systems, especially those in big cities, have adopted random searches, even strip searches, to seek out weapons and drugs.
The court, which had heard arguments twice in the case. Tuesday gave school officials guidance on searches.