SINCE 1889
Going bowling?
KU-CU game could determine who gets a bid for a bowl game. See page 13
THE UNIVERSITY DAILY KANSAN
EAGLE
FRIDAY, NOV. 8, 1985,VOL: 96,NO. 55 (USPS 650-640)
Cloudy
Details page 3.
Bryan Graves/KANSAN
Devoted floaters
Don Pratt, Mission Hills junior, left, and Mark Wes, Manhattan senior, work on the Kappa Sigma fraternity float for tomorrow's homecoming parade. The two
men and others spent much of last night putting the finishing touches on the float.
Kansas faces possible debt in fiscal 1986
TOPEKA — Although Kansas is facing a potential shortage of $90 million in tax collections through the next budget year, Gov. John Carlin will not again "lead the long, lonely charge" for a tax increase after being flatly rejected by Republican legislative leaders last year, his spokesman said yesterday.
The Associated Press
However, that does not mean Carlin will automatically renew his call for an increase in the state's sales tax. He has decided that the Legislature must initiate a tax increase.
Mike Swenson, spokesman for the Democratic governor, said that Carlin's worst fears about the budget would be confirmed today by a group of financial experts. The so-called consensus revenue estimating group is expected to slash up to $90 million from its earlier projections of tax-generated income in fiscal year 1986, which ends June 30, 1987.
"For the past year, the governor has tried to alert all Kansans and the Legislature to what he knew we were
Now, facing a dramatic drop in income of nearly $100 million over the next 18 months, Swenson said it would be impossible for lawmakers to ignore the financial realities. And it would be up to them to decide how to handle it because Carlin would not be embarrassed again.
Judge won't rule in case dismissal on KU's request
going to be facing." Swenson said. "When he recommended a revenue measure, he knew we were facing a very serious situation. He began with the year ago and that's why he came out in favor of a sales tax increase."
"He's not going to lead the lonely charge again," Swenson said of Carlin's campaign last year for a tax increase. "He'll need the support from the Legislature before he'll go on that limb again.
The Republican-controlled Legislature, however, spurned Carlin's idea of raising taxes and succeeded in building a budget without any new major sources of revenue.
'He did everything he could to alert them of the situation. It's going
See TAXES, p. 5, col. 1
By Mike Snider Of the Kansan staff
OLATHE — A judge decided yesterday not to rule on the University of Kansas's motion for dismissal of two football players' case against the University in a hearing in Johnson County District Court.
"We were hoping that he would reach a decision today because the season's almost over," said Vickie McIntosh. "University general counsel."
Instead of making a decision on the University's motion for dismissal, Johnson County Judge Philip J. Woodworth set Nov. 21 for final oral arguments in the trial.
Thomas said that if neither par-
He gave the University until 5 p.m. Wednesday to file a response to the 'players' arguments that were filed Tuesday afternoon. Both parties to the suit can decide whether to file on Nov. 21 for oral arguments.
Tailback Lynn Williams and linebacker Dane Griffin fitted suit against the University on Sept. 19 to regain their eligibility to play KU football. Thomas filed a motion for dismissal of the suit on Oct. 8.
If he and J. Stewart McWilliams, William's lawyer, don't agree with
See HEARING, p. 5; col. 6
ly wanted to make oral arguments, Woodworth could make a decision on Wednesday.
Woodworth said he had thought that the two parties would have agreed on the facts by now, but that had not happened.
"We're not optimistic that'll happen, but it's possible," she said.
"I just don't know if we're prepared to go ahead today," he said.
Both sides did have their own ideas on how the proceedings should have gone.
Ed Colliert, lawyer for Griffin, said after the hearing. "After they file their response, we're going to see whether we agree or disagree on facts. If we agree on facts, then we may submit the case to the judge with some questions of law."
The players' lawyers said that they interpreted the University's motion for dismissal as a request for summary judgment, where the judge rules from the bench. In that case, the judge should not be entitled to address University failure to address the real issues of the players' case.
Closed session raises questions
By Bonnie Snyder Of the Kansan staff
The Student Senate Elections Committee may have violated the University Senate Code on Wednesday when it closed a meeting to discuss Senate seat distribution for this month's elections.
The committee met Wednesday night to decide whether to send the same apportionment figures to the Student Senate Executive Committee that StudEx rejected last week.
Michael Foubert, vice chairman of the committee, asked non-members besides a Kanans reporter to leave the meeting. When they refused, the committee closed the meeting by moving into executive session.
Foubert said he did not think Stu.
dent Senate meetings were subject to open meetings laws.
He also said the committee members were being intimidated by those who were not on the committee.
The non-members who attended were William Easley, student body president; Jeff Polack, student body vice president; Charles Lawhorn, holdover senator; and Tony Arnold, chairman of StudEx, who was asked by David Day, Elections Committee chairman, to speak to the committee.
Easley said, "In a sense, they asked the opposition to leave."
Vickie Thomas, University general counsel, said that the University Senate Code required Student Senate to obey the state open meetings law regardless of the whether the law itself applied to the Senate.
"We don't have to decide whether the law applies," she said. "I think that what the Senate Code provision means is that . . . what's laid out in the statute is to be our operating rule."
Thomas said she would not judge whether the committee acted against the code because the Student Senate formally asked for her opinion.
The code, which governs Faculty Senate and Student Senate, says in Section 4 of Article 17, "All committees mandated by this code and all other committees or sub-committees to the laws this code shall adhere to the laws set in the State Kansas governing open and closed meetings."
Day said he had not realized that
closing the meeting was violating the code. He said he was sorry the violation occurred, but said closing the meeting was effective.
"I got input from every single committee member that was there." Day said. He said the only members who were involved were three experienced senators.
Easley said, "I think if I was a committee member and the student body president and vice president walked into a meeting to address an issue, I would assume they would know what they were talking about. If that called intimidation, then we were as intimidating as bell."
Student Senate meetings do not have to obey state open meetings
NCAA ponders altering eligibility rule
See MEETINGS, p 5, col. 4
By Liz Maggard Of the Kansan staff
Delegates to the National College Athletic Association's January convention in New Orleans will consider several proposed amendments to its initial eligibility rule, commonly known as "Proposal 48," an NCAA official said Wednesday.
Ted Tow, an NCAA assistant executive director, said that Proposal would be effective Aug. 1, 1980. The amendment is amended at the January convention.
The initial eligibility rule now states that to be eligible for practice and competition in intercollegiate
athletics during their first year of college, incoming athletes at Division I schools must have graduated from at least a 2.0 grade point average.
Two hundred and eighty-three schools, including the University of Kansas, make up Division I, the NCAA's top competitive division.
Proposal 48 will change the rule to require a 2.0 GPA in a high school core curriculum of 11 academic courses and will also require a score of a least 700 on the Scholastic Aptitude Test or 15 on the American College Test.
However, opponents of Proposal 48 want the rule amended to make it less stringent.
Tow said Proposal 48 had been criticized by officials of black colleges who said the standards discriminated against black athletes.
"Initial opposition to the rule did come from historically black institutions," he said. "But additional research done by the NCAA in the last three years shows, in some areas, a lack of correlation between the eligibility standards and actual success in college."
Richard Lee, assistant athletic director for support services, said he hadn't had an opportunity to study the proposed changes but that he would be opposed to any NCAA legislation that would unfairly affect any one school more than another.
"Such a rule could have what I consider to be a negative effect on predominately black institutions," he said. "I think the presidents of those institutions have a legitimate concern."
Tow said similar criticism had caused the NCAA president's commission to vote at their meeting in Denver last month to sponsor an amendment to Proposal 48 at the January 1986 convention.
However, he said, that amendment has since been modified and will be sponsored jointly by the president's commission and the NCAA council.
Tow, who serves as NCAA staff
Council stalls on proposal
See PROPOSAL p. 5, col. 1
By David Silverman Of the Kansan staff
The ongoing battle over the University's classified research policy will continue as the University Council deferred action yesterday on proposed changes in the policy.
CRINC is a privately incorporated research organization. It works with the University on engineering and engineering-related research. According to Frances Horowitz, vice chancellor for research, graduate studies and public service, these are the areas that are most affected by the classification policy.
The council voted 13-12 to send the classified research proposal to the executive committee of the Corporation for Research Inc. (CRINC) for consideration of possible effects of the changes.
The action was taken in the hope that CRINC would accept the new proposal as part of its policy on research projects, according to Horowitz, who is also director of CRINC. Horowitz originally
presented the proposal to the council in September.
Arthur Skidmore, professor of philosophy and council member; made the recommendation to send the classification policy to CRINC.
According to Horowitz, CRINC now follows the University's policy of allowing the classification of the research process and the results of the research for one year.
During the meeting, Skidmore called the classification proposal "repugnant and a compromise of the principles of the University."
William Tuttle, professor of history and council member, said that sending the proposal to CRINC would members more time to consider the issue.
The proposed changes would allow CRINC to extend the one-year limit three years and would allow some information to be secret for an indefinite period of time.
"I think we were being somewhat stamped into a vote," he said. "This is too important an issue to move quickly on."
Indefinite or partial classification
The committee's decision on whether to accept the new classification guidelines will be presented to the Faculty Council at its next meeting Dec. 5.
would involve only an "insubstantial" portion of the research under the proposal.
Horowitz said she would present the proposal to CRINC's 12-member executive committee in two weeks.
The council failed to reach a decision on the proposal after prolonged debate at its Oct. 3 meeting.
The proposal met resistance from some faculty members who said it infringed upon the University's princi- plic and open discussion and disseminated.
Proponents of the change said the current policy restricted research, training and teaching.
Earlier, Horowitz said that the new policy was designed to accommodate corporations and government agencies who might require that the research results remain classified while they use the information for product development.
Paul Goodman/KANSAh
All-nighter
Joe Duncan, second from left, owner of the company in charge of installing new bleachers in the lower level of Allen Field House, directs his crew. His men worked last night to try to get the bleachers built before the basketball game tonight against Czechoslovakia. Duncan said that the bleachers would not be ready for tonight's game, but that they might be ready for the beginning of the regular season.