Vote today First day turnout moderate Inside, p. 3.
KANSAN
SUNNY
K
Published since 1889 by students of the University of Kansas
Vol. 94, No. 111 (USPS 650-640)
High, 50. Low, 25 Details on p. 2.
Thursday morning, March 1, 1984
KU, officials say Title IX ruling shouldn't hurt
Policy adequate, administrators say
By GRETCHEN DAY and JENNY BARKER Staff Reporters
But, he said, "The University isn't going to leave the ruling and say, 'We don't have to provide the evidence.'"
UNDER THE RULING, federal funds can be withdrawn only from individual programs cited for sex discrimination at a university, not from the entire school.
A recent U.S. Supreme Court ruling that limits sanctions the federal government can impose on schools cited for sex discrimination will have implications for Kansas, several KU officials said yesterday.
Jim Scaley, assistant to the chancellor, said that KU policies against sex discrimination were ignored.
Originally, TITLE IX, a federal law enacted in 1972 prohibiting sex discrimination in education,
mandated that a school could lose federal funds if accused of sex discrimination in any area — such as sports, faculty matters or academic activities — even if those areas did not receive federal money.
"I don't believe equal opportunity efforts have only been made under the threat of Title IX," Scally said.
Tuesday's Supreme Court ruling came in the case of Grove City College in Pennsylvania, which refused to sign an anti-discrimination pledge requested by federal education officials.
THE RULING WAS a victory for the Reagan administration, which argued that only the specific school programs or activities receiving federal aid should be subject to the antidiscrimination law.
School officials said that signing the agreement would have jeopardized the school's independence and could have led to federal intrusion into virtually every aspect of camp life.
Rose Marino, KU's associate general counsel, said the ruling wouldn't have a dramatic effect at KU.
"It sounds impressive, but it's not such a wide-reaching decision," she said.
"I think the University of Kansas might be an exception in that we have a strong office of affirmative action," she said. "It's our responsibility to work on the university level to do whatever is possible to eliminate sex discrimination."
Barbara Ballard, coordinator for the Emily Taylor Women's Resource Center and associate dean of student life, said that some schools might not use the flexibility of the rule in an effective
KARLYN CAMPBELL, chairman of women's studies, said that she had not seen a copy of the Supreme Court's decision, but from what she understood, it was a setback for women.
"I find it's appalling that questions of equality
Ruling won't hinder athletic program
By MATT DeGALAN Staff Reporter
Because universities' athletic departments do not receive federal funds, the court's decision will exempt them from Title IX.
KU athletic department policy will not be seriously affected by Tuesday's U.S. Supreme Court decision, which may void regulations requiring athletic departments to finance men's and women's sports equally, KU Athletic Director Monte Johnson said yesterday.
See RULING, p. 5, col. 2
PREVIOUSLY, ALL of a university's departments were required to comply with Title IX even if they did not receive federal funds. The university had judged to be financial aid given to the university.
Title IX was passed in 1972 by the federal government and was intended to prevent discrimination in education.
Despite the leeway the court's decision gives
schools in supporting and cutting the financing of their athletic programs, Johnson said that NCAA Division 1 schools would hesitate to eliminate the NCAA's regulation adopted in January.
Under that regulation, Division 1 schools must sponsor programs in at least eight women's sports.
"I wouldn't expect it to have a major impact right away," Johnson said. "We'll have to look at the situation and decide what it means."
He said that he didn't know enough about the question to say what changes, if any, would be needed.
KU WOMEN'S BASKETBALL coach Marion Washington said that she was disappointed by the decision but said that she would not comment until she had reviewed the court's decision.
See TITLE IX, p. 5, col. 2
Lonny Rose, assistant athletic director for NACTA interpretations, said that state and
Cynthia Pistilli/KANSAN
Watt yesterday defended the actions he took while in office. See story, p. 3.
James Watt, former secretary of the interior, addresses a group of about 800 people at Washburn University in Tonkeu
Explosion rips building in west Beirut; 3 killed
By United Press International
BEIRUT. Lebanon — A car bomb tore apart a Beirut apartment building yesterday, killing at least three people and wounding 43 others only hours after Defense Secretary Caspar Weinberger made a surprise visit to the capital.
President Amin Gemayel was welcomed with a 21-gun salute in Damascus by Syrian President Hafez Assad to discuss the cancellation of his May 17 troop withdrawal with Israel.
Gemayel, battered by Syrian-supported Muslim rebels and with U.S. support eroding, was reported ready to cave in to Syrian demands for the cancellation of the May agreement that had ended Lebanon's state of war with Israel.
See related story p. 2
WEINBERGER, AFTER A visit to London,
carried by Cornwall to Cyprus on the fiftel
of the Lifebear coast of the Leith Peninsula.
Weinberger also made a quick unannounced trip to the -U.S. Embassy along the Beirut waterfront to see the Marines who remained behind after the withdrawal of the U.S. contingent in Lebanon's multinational peace-keeping force.
Less than three hours later, the blast of a
100-pound car bomb roared through west Beirut. No one immediately claimed responsibility for the blast.
"There was a massive explosion, the biggest I have heard," said a woman who asked not to be identified. "I was standing in the kitchen, and the blast blew me to the floor. There was glass flying everywhere."
THE BLAST BLEW glass and debris for blocks and sent huge clouds of smoke billowing into the sky. The fronts of two high-rise buildings and dozens of smashed cars littered the streets.
The radio station of the Sunni Muslim rebels, Mourabtain, said that the bomb ripened open the front of an 11-story apartment building, killing three people and wounding 43 others, police said.
Muslim rebels in west Beirut fired into the air to celebrate Gemayel's first visit to Syria since taking office 17 months ago. He was met at a rally in Beirut on Wednesday ordered the 21 gun salute for the Lebanese leader.
A LEBANESE GOVERNMENT source said that the Gamayel-Assad talks would deal mainly with the "Lebanese-Iraeli troop withdrawal agreement and a suitable way to abrogate it."
The agreement, arranged by Secretary of State George Shultz, gave Israel military and political concessions in return for an Israeli promise to end the occupation of south Lebanon.
The concessions amounted to a peace treaty — the only Arab country other than Egypt to sign a peace agreement.
Horse-race fans gather at Capitol push pari-mutuel
By ROB KARWATH
Staff Reporter
TOPEKA — About 300 supporters of a measure that would legalize betting on horse races in Kansas rallied outside the Capitol yesterday in an effort to get the bill off and running in the
Pari-mutel betting is a system in which all the money bet on each race is pooled together and divided among the winners according to the amount they had bet. The track management subtracts a percentage of the pool to pay for operating expenses.
Members of Kansans for Part-mutuel, a Topeka group, carried signs and chanted for about two hours before going inside the Capitol to ask their legislators to vote for the measure.
The measure KPM supports would amend the state constitution, which prohibits all gambling except binge. The measure would have to pass both the state Senate and House with two-thirds approval. Once passed, the measure would be placed on the state ballot as a referendum in the November general election.
Several demonstrators drove around the Capitol in pickup trucks pulling empty horse trailers that bore banners proclaiming, "My horse is in Nebraska" — a reference to the fact that Kansas horse breeders must take their horses out of state to race them.
oppering umpire
MANY OF THE demonstrators wore cowboy hats and boots and carried signs with slogans such as, "Keep Horse Racing in Kansas."
November governor KPM officials released a poll Monday showing that 78 percent of the 52,000 citizens questioned statewide wanted the issue on the ballot.
Remedies may be placebo for election ills, officials say
OF THOSE RESPONDENTS, 49 percent said they would vote for pardu-mutel betting, and 33 percent said they would vote against it. Eighteen percent said they were undecided.
The measure was introduced in the House last month. Two committees are considering it.
The House has never dealt with the parimutuel issue. In the last three years the bill has died in the Senate after failing to receive two thirds approval.
two inhalers.
The bill is based on Nebraska's racing law.
On recommendation of a special election committee, the Senate voted Feb. 7 to have members the Lawrence chapter of the League of Women Voters work at the polls and to use Shawnee County voting machines to tabulate votes.
Those decisions apply only to this election.
The future of Senate elections is still under discussion.
By CINDY HOLM
See PROTEST, p. 5, col. 1
Student Senate officials are confident that this year's controversial student body presidential election will finally be over after the votes have been tallied tonight.
But the problems may not.
Disgruntled participants in last fall's election still maintain that Senate rules do not prevent conflicts of interest within the election committee, which runs the elections. And
Some senate members and administrator officials said recently that without substantial changes in election rules, the Senate might only have a temporary remedy to its election ill.
Staff Reporter
unless the rules are changed, the Senate will continue to run its own elections.
Cramer said the Senate must resolve philosophical questions in the future of the war, but not without evidence.
In January, the special election committee proposed the procedures for this election after Chancellor Gene A. Budig invalidated Noah Kesler's recommendation of the University Judicial Board.
The board had said, "After careful consideration, we find that the November 1983 student body election for the offices of president and vice president were fraught with inconsist-
Senate rules still empower an Elections Committee of undetermined size to dictate policy for elections and to work at the polls.
"Anybody can apply to the committee. A candidate could sign up his best friends and control everything that has to do with the election," said David Teopertone, 1962 Momentum vice presidential candidate and a member of last fall's Elections Committee.
The committee's size can fluctuate because it has neither a set number of members nor a required quorum. Conflict of interest is possible because the rules contain no provisions prohibiting committee members from being affiliated with one of the candidates.
Ambler said that the Senate might have to recruit people outside itself to run the election but that the Senate should be able to find a group within the University to avoid having to pay an outside group to run a University election.
"This is the lowest point in Student Senate history," said Cramer, whose last day in office is today. "We have to quit arguing philosophy
Caryl Smith, dean of student life and the Senate's adviser, said, "I think it would be
tenencies and ambiguities which seriously affected its fairness."
On Feb. 3 the Senate passed a bill requiring the Senate's committees to establish attendance policies and quorums. The ruling will apply to future elections committees.
Jim Cramer, student body vice president,
said that the Senate had not considered any
proposal to raise fees.
Tom Berger, chairman of the special elections committee and a former senator, said that inaction on the board's recommendations was typical of the Senate.
The board recommended that the Senate review its election rules, paying close attention to the lack of procedures for write-in candidates.
"If the Senate follows true to form," Berger said, "the senators will slap themselves on the back after this election and won't do anything the rest of the year."
See ELECTION, p. 8, col. 1
and start facing the facts. The students think Student Senate elections are a sham."
This philosophy will enhance the advantages and disadvantages of the Senate's retaining control of the election.
Although Senate officials and advisers disagree on exactly what procedures the Senate should use in the future, most agree that election elections should return to the Senate's hand.
"Surely we have the capacity within the University to run a fair election," he said.
David Ambler, vice chancellor for student affairs and adviser to the student body president, said the Senate should develop programs at the University of Kansas to prepare fair elections.
Fourhorn pleads no contest to murder and burglary charges
By JILL CASEY Staff Reporter
James Fourhour, the Lawrence man who was to be re-tried next week for the felony murder and aggravated burglary of 94-year-old Harry Puckett, pleaded no contest to charges at a preliminary hearing yesterday in Douglas County District Court.
Fourhour also accused Danny Jennings, who allegedly accompanied Fourhour during the June 25, 1983 incident at Puckett's home, 1109 Delaware St., of murdering Puckett.
James Fourhorn
"Danny Jennings killed him. I seen him," Fourhon, 27, said yesterday, his voice shaking with emotion as he left the courtroom. "I took no contest because under the felony murder rule I would have been found guilty regardless," he said.
Jennings, 17, will be tried in juvenile court later this month.
Fourhorn will be sentenced in district court Wednesday.
For example, during his first trial, Fourhour was found guilty of aggravated burglary. Because of the felony murder rule, he was automatically found guilty of felony murder.
THE FELONY MURDER rule states that if a murder occurs during a felony act, and the murder was foreseeable, the defendant will be convicted of felony murder if he is found guilty of the felony charge.
In the plea agreement, the prosecution agreed to reduce the charge of felony murder to the charge of second-degree murder.
RICHARD ROSS, the court reporter, said a second-degree murder charge did not always carry a life imprisonment sentence.
charge. A felony murder charge carries the same penalty as a first-degree murder charge and usually receives a sentence of life imprisonment, a court reporter for the Kansas Supreme Court said yesterday.
The charges against Fourhour stemmed from an incident in which he and Jennings allegedly entered Puckett's home, stole some cash and beat Puckett.
Fourhorn testified during the first trial that although he was involved in a burglary at Puckett's house, Jennings committed the murder.
Jennings is a brother-in-law of Fourhorn.
Fourhorn's no-contest plea came after he was granted a second trial, a request that Jerry Harper, Douglas County district attorney, brought Kansas Supreme Court action last month.
STANTON HAZLETT, Fourhon's attorney, said he based his request for a new trial on the allegation that the jury in the first trial overstepped its bounds when it considered evidence that had not been admitted during the trial.
The first trial proceedings, in early October, required six days for the witness testimony and more than 30 witnesses were called.
.