Section A • Page 6
The University Daily Kansan
Former KU law professor appealing lawsuit's dismissal
By Lauren Brandenburg
writer@kansan.com
Kansas staff writer
A former University of Kansas professor of law has filed an appeal with the U.S. Tenth Circuit District Court, saying that the University of Kansas violated his 14th Amendment rights to due process and equal protection.
Emil Tonkovich, husband of District Attorney Christine Tonkovich and former professor of law at the University, was dismissed from the University in 1993
after a student complained that she felt compelled to comply with Tonkovich's sexual solicitations because she was concerned about her grade. The University conducted a nine-month hearing.
Tonkovich is seeking damages, reinstatement and back pay.
Timothy Mustaine, who represents Bob Jerry, former dean of the University Law School, said Tonkovich wanted his due process and equal protection claims reinstated against Chancellor Hemenway in his official capacity. Tonkovich filed a lawsuit in 1995
against approximately 30 people employed by the University, Mustaine said.
Mustaine said Tonkovich's due process complaint said that things Tonkovich thought should happen during his University hearings did not happen and that the panel was biased against him. Tonkovich's equal protection claim said that he was treated differently than other professors who dated students.
Earlier, the Tenth Circuit Court of Appeals dismissed a First Amendment complaint also made by Tonkovich.
After the Court of Appeals dismissed Tonkovich's First Amendment claim, the defendants asked that his due process and equal protection claims also be dismissed. The Court dismissed the claims, saying that the Due Process Clause was not a guarantee against incorrect or ill-advised personnel decisions. The Court also said that the clause did not guarantee that the University would reach a result Tonkvich agreed with.
Mustaine said the defendants felt that the Court already decided the claims in the first appeal, and the
precedent set was that Tonkovich's rights were not violated.
"He is saying that the first appea really did not decide that nobody violated his rights," Mustaine said. "We think it's quite clear that is exactly what the first appeal decided."
The defendants include Jerry, faculty members who solicited student complaints against Tonkovich, five faculty members on a tenure-and-related-problems committee who heard the case in the early '90s, a group of University counsel who presented the case for
the chancellor, people who were on the Board of Trustees that turned down Tonkovich's appeal, chancellors Budig and Hemenway, and others in the chancellor's office.
Tonkovich referred all questions to his attorney, Richard P. Hutchison of the Landmark Legal Foundation in Kansas City, Mo., who did not return phone calls Friday or yesterday.
Lynn Bretz, interim director of University Relations, deferred all comment to Mustaine.
- Edited by Casey Franklin
Med Center leaders hope heart, lung programs will boost rank
By Melissa Davis
writer@kanson.com
Kansas staff writer
Administrators at the University of Kansas Medical Center hope that new heart and lung programs will propel their existing cardiology program to a top rank nationally.
Two cardiac care groups, MidAmerica Cardiology and MidAmerica Thoracic and Cardiovascular Surgeons, are teaming up to build a cardiology and cardiovascular surgery program at the Med Center.
Steven Owens, president of the MAC board of directors, said MAC decided on the Med Center because of its upstanding reputation.
"We've been successful in working with hospitals to build other quality cardiac programs, but KU Med is uniquely capable of developing easily accessible, high-quality care for patients and their families." Owens said in a written statement.
Donald Hagen, executive vice chancel
lor, said the physicians would phase in their move into the Med Center within the next few months. The MAC program will be located in Shawnee at KU MedWest. MATCS will open in 2001 somewhere on the main campus in Kansas City, Kan., Hagen said, but no final decisions have been made regarding its exact location.
Several professors at the Med Center had reported last week that the MAC would displace the family medicine and obstetrics and gynecology clinics on the Med Center campus and that those clinics would be moved to Johnson County, away from their primary patient bases in Wyandotte County. But Med Center officials denied suggestions that those clinics would move off campus.
Hagen said the new program, the 22 cardiologists from MAC and three surgeons from MATCS would benefit the Med Center by making its cardiology program stronger.
"I think we now have enough providers so the whole program will be very strong to meet demands," Hagen
said. "We will be stronger than ever. We have not been this strong since the '70s."
Hagen said he envisioned the programs providing the Med Center with a great opportunity to develop a new kind of heart program.
"We have excellent researchers at the Med Center moving forward in research and education — top in the country," he said.
Hagen said the new programs would work together with the Med Center and create fine cardiology research.
"It's going to be a nice combination," he said. "We are going to develop new skills needed for cardiology."
The new physicians will be members of the Med Center for the teaching and research portion of the center.
According to a press release sent by the Med Center, no financial details about the move have been disclosed, but officials said the Med Center would be prepared to make whatever investment necessary to build a center.
Edited by Warisa Chulindra
Bv J.D. McKee
writer@kansan.com
Kansan staff writer
One of the biggest myths about greek organizations is that they only throw wild parties.
But National Pan-Hellenic fraternities and sororites are designed for a different purpose, minority members say.
"There's a lot more focus on community service," said Robert Page, director of multicultural affairs.
Shyra McGee, president of Sigma Gamma Rho sorority and Wichita senior, said there was more to her sorority than the social aspects. Other members agreed that the main goal of historically African-American and Latino organizations was to positively impact the community.
"We're trying to help each other and help the community," said Marcus McLaughlin, Alpha Phi Alpha fraternity member and Kansas City, Kan., senior.
Despite low membership — there are only 70 members in the ten organizations combined — they still make a big impact on Lawrence.
"It doesn't matter how many people there are, it matters the difference you make," McGee said.
Two members of Sigma Gamma Rho adopted four families for Christmas last year, McGee said.
“It’s a small group, but imagine the difference they're making to those families,” she said.
Mccge said Sigma Gamma Rho had also sponsored minority students in the past, buying all their school supplies and clothes.
To raise money for their philanthropies, the organizations do everything from having parties at Burge Union to working at concessions stands during home football games, McLaughlin said.
The Burge Union parties aren't profitable as they were during the last school year. McLaughlin said, because of restrictions put in place after a student was shot Jan. 23 at a party sponsored by Alpha Phi Alpha fraternity. A ban was on parties at the Kansas and Burge unions after the shooting and was lifted in May.
Students who attend the parties must now pass through metal detectors and present a KUID to be admitted. The group who sponsors the parties must also pay for security.
"That cuts into the money we would make." McLaughlin said.
McLaughlin also said attendance to the parties was down this year because the new restrictions made some students uncomfortable.
But McLaughlin said they would still have parties at the Unions.
"We want everyone on campus to have fun," he said. "That's one reason not to give up on it."
— Edited by Shawn Hutchinson
DODSON LOUOR
We at The University Daily Kansan would like to apologize for an ad that ran mistakenly in the paper on November 6. Dodson Liqour doesn't condone or agree with the statement on the ad that ran on their behalf. Dodson Liquor is dedicated to responsible drinking of alcohol by people of age. We apologize to Dodson and our readers for this mistake and hope to continue to provide excellent service to our clients and readers.
MANY MIDDLE SCHOOLERS IN LOW-INCOME AREAS ARE WRITING AT AN ELEMENTARY LEVEL.
CRYSTAL BRAKKE DETERMINED TO CHANGE THAT FOR HER EIGHTH GRADERS IN RURAL NORTH CAROLINA. ONE YEAR LATER, HER STUDENTS ARE WRITING AS WELL AS ANY OTHER EIGHTH GRADERS IN THE STATE.
WE NEED MORE CRYSTAL BRAKKES.
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INFORMATION SESSION
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Kansas Union, Level 5, Regionalist Room
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