First night
SINCE 1889
A tale of love and identity from the Bard opens tonight. See page 6
THE UNIVERSITY DAILY KANSAN
T
THURSDAY, NOV. 7, 1985, VOL. 96, NO. 54 (USPS 650-640)
Cool Details page 3.
Marv Burger/Special to the KANSAN
Sneak attack
A dog carefully paddled after a duck in Potter Lake on Tuesday afternoon. Although the duck's feathers were ruffled, it escaped without harm.
Plavers sav rule was interpreted late
Two football players will present arguments at a hearing today saying that the College of Liberal Arts and Sciences interpreted the NCAA satisfactory progress rule too late to give them any chance of being eligible to play this season, court records show.
The National College Athletic Association established the satisfac
By Mike Snider Of the Kansan staff
According to documents filed by tailback Lynn Williams and linebacker Dane Griffin in Johnson County District Court on Tuesday, the players also say that once the College decided how it was going to inclure the rule, the college used its wrong criteria to determine their status.
The players had filed suit against the University Sept. 19 after they were declared ineligible for not complying with the satisfactory progress rule.
tory progress rule in 1883 to assure that student athletes make progress towards a degree. The NCAA leaves the interpretation of the rule up to each university.
The court documents are the players' response to the University's motion for dismissal of the case, filed on Oct. 8. The University also filed for a change of venue at that time, asking that the case be moved to Douglas County.
Vickie Thomas, University general counsel, had no comment on the
The players say the College's interpretation judges them as if they were graduating seniors, and that is inappropriate criteria for evaluating their progress.
The players ask in the court documents, "How in the world could the University of Kansas expect the plaintiffs to determine whether or not they were in the right courses when the administrative personnel hired specifically for that purpose could not make that determination?"
were many actions Johnson County Judge Phillip J. Woodworth could take in today's hearing scheduled for 2 p.m. at the Johnson County Courthouse in Olathe.
A deposition taken from Richard Lee, director of the office of supportive educational services and the primary monitor of the players' academic progress, says he was not notified until mid-August that the players were not making satisfactory progress toward a degree.
Lee says in the deposition that it was too late for him to notify the players to take action to keep them eligible.
On Monday. Thomas said there
He could dismiss the case, decide against dismissal of the case or say he needed more time to look at the case. Thomas said.
J. Stewart McWilliams, Williams' lawyer, and Ed Collister, Griffin's lawyer, had no comment.
Prof denounces choice of Tacha for court judge
In an affidavit taken from Big Eight Commissioner Carl James dated Oct. 21, James said KU followed NCAA and Big Eight procedures in reviewing eligibility petitions and continuing the players' financial aid.
On Sept. 25, under a court injunction, Williams and Griffin were declared eligible to play football under head football coach Mike Gottfried's discretion until further court action.
The letter, written by Hinman's attorney, Fred W. Phelps Jr., Topeka, said she opposed the nomination because she thought Tacha was not qualified to fulfill a judgeship.
Tacha was nominated for the position Oct. 30 by President Reagan. If confirmed by the Senate, she will be the second woman in history to be appointed to the 10th circuit bench.
On Oct. 18, Woodworth denied the motions for dismissal and change of venue and asked the University to supply more information to the court.
In the motion for dismissal, the University said the players had no constitutional right to participate in intercollegiate athletics.
sity's evidence filed on Oct. 21, the players said the University did not address the real issues of their case and Woodworth should not give the University a summary judgment, which would dismiss the case.
The attorney of Myra Hinman, associate professor of English for 25 years, sent a letter by express mail to the commissioner. R.S.C., chairman of the committee.
By Kady McMaster Of the Kansan staff
"Myra feels that Deanell Tacha has been adding to the University treating women unfairly," Phelps said yesterday.
Phelps said Tacha hires few minorities and underpays the ones who already work at the University.
"Myra feels that Deanell Tacha has been a full-time employee who has advanced because she was put there to protect a system that wasn't complying with federal law," Phelps said. "She has done things to thwart
A KU associate professor of English opposed the nomination of Deanell Tacha, vice chancellor for academic affairs; as judge for the U.S. 10th Circuit Court of Appeals in a letter mailed yesterday to the U.S. Senate Judiciary Committee.
Hinman said Tacha wasn't upholding an agreement signed by the University with the U.S. Department of Labor in 1982 that emphasized equal employment opportunities at KU.
In their response to the Univer-
According to an affidavit from Gary Hunter, assistant athletic director, there was never a review of the College's interpretation of the satisfactory progress rule or how it applied to the players' being declared ineligible.
See OPPOSE, p. 5, col. 1
Phelps said that Hinman filed a sex discrimination suit against the University of Kansas and some faculty members in the late 1970s, before Tacha was appointed vice chancellor in 1881. The lawsuit, which is pending in the U.S. District Court in Topeka, criticizes KU employment policies. The suit includes promotion, recruiting and tenure deficiencies for women and other minorities.
According to depositions from Deanell Tacha, vice chancellor for academic affairs, Gilbert Dyck, dean of educational services, and Robert Lineberny, dean of the College of Liberal Arts and Sciences, the College's office of records submitted a report to the office of academic affairs on July 10 saying that Griffin and Williams were ineligible.
Neither Lee, who has monitored the academic progress of student athletes since Jan. 1, nor any KU football coaches knew until mid-tolate August that the players were not complying with the rule, according to depositions by Lee, Gottfried and David Didion, administrative assistant to Gottfried.
Prestigious job is time consuming
By Gary. Duda Of the Kansan staff
The position of vice chancellor for academic affairs is one of the University's most prestigious and also one of its most transient, according to those who have held the position.
Since the position was created in 1970, the University has seen five vice chancellors with an average of three years service move to greener
- or at least calmer - pastures.
Of the five, two have become university presidents, two have returned to being professors and the current one may become a federal judge.
Deanell Tacha, the current vice chancellor for academic affairs, has been nominated by President Reagan for a judgeship to the U.S. 10th Circuit Court of Appeals, pending approval of the Senate.
The University's five vice chancellors for academic affairs have been Francis Heller, 170-72; Ambrose Sarlics, 172-74; Ron Calgaard, 179-74; Ralph Christoffer-
son, 1979-81; and Deanell Tacha, 1981 until the present.
The former vice chancellors agree that the position is very time consuming.
Heller, currently the Roy A. Roberts distinguished professor of law and political science, said the position required endless hours of dedicated work. He said that in only a few months our work could translate into tired bodies.
"It is a very very difficult job," he said. "People get worn and tired."
The office of academic affairs, Heller said, was created when Larry Chambers, then chancellor of the University, directed a small committee to study the central organization of the University in 1969.
Richard von Ende, KU executive secretary and a member of the 1969 committee, said the office of academic affairs was created
Out of that committee, Heller said, came a realignment of titles. He said the office of academic affairs was formed then.
Officials consider dropping Louisville. Detroit games
POSITION p 5 col 5
By Liz Maggard
Of the Kansan staff
Faced with a Michigan judge's order that prohibits the men's basketball team from playing a game with the University o Louisville unless it also plays a game wifl the University of Detroit, KU probably wil play neither, an Athletic Department officia said yesterday.
Gary Hunter, assistant athletic director, said no final decision had been made because Athletic Department officials still were exploring their options.
"However, it appears now that we won't be playing either Detroit or Louisville," he said.
The judge, Susan D. Borman of the Wayne County Court Circuit in Detroit, issued her ruling Oct. 29, and Athletic Department officials received their copy of her decision — consisting of a two-page court order and 15-page opinion — on Monday.
Hunter said he thought KU would have a good chance of getting Judge Borman's decision reversed on appeal, but he didn't know whether it would be worth the time and effort.
"We can play Detroit and forget about Louisville," he said. "We can forget about both of them. We can ask someone else to reschedule their game with us so we can play both Detroit and Louisville. Or we can appeal Judge Borman's decision."
Hunter said Athletic Department officials bad four choices.
"Our concern is that by the time we could get a decision from an appellate court, it would be too late to enter into a contract with Louisville." he said.
Head men's basketball coach Larry Brown said he would abide by any decision made by Athletic Director Monte Johnson, and Hunter.
"However, my gut feeling is to appeal it so that we can show people that we didn't just die."
Hunter said that if the decision would be to play neither Detroit nor Louisville, KU would
However, he said, KU will still play plenty of games because the Jayhawks are entered in the Big Apple National Invitational Tournament this month.
be one game short of the 28 maximum games allowed by the National Collegiate Athletic Association.
One of the attractions of the now apparently defunct game with Louisville was that it could be played on a football field.
KU now has three regular season games scheduled to be televised on either national cable or network television.
The Jayhawk's Dec. 7 game against the University of North Carolina in Greensboro will appear on CBS-TV. The KU-Kentucky
game on Dec. 14 and the KU-Oklahoma game on February 24 will be carried by ESPN.
Hunter said Athletic Department officials were exploring the possibility of rescheduling the KU-Oklahoma contest now set for Jan. 21 with the hope of getting NBC-TV to televise it.
If arrangements can be made, Hunter said, that game will be moved to Jan. 25, now an open date on KU's schedule.
The Athletic Department has not released the official men's basketball schedule yet because of the snag caused by the Detroit lawsuit. Hunter said the schedule probably would be released today or tomorrow.
StudEx avoids election delay
By Bonnie Snyder Of the Kansan staff
The Student Senate Executive Committee last night approved the same Senate seat distribution they rejected last week.
Student Senate elections will go on as scheduled.
StudEx rejected the seat distribution the first time because the numbers were based on enrollment in University schools on Oct. 21 rather than on the official 20th-day enrollment figures that the University used, Tony Arnold, chairman of StudEx, said last night.
■ See related story p.7.
The 20th-day figures represent the official enrollment of the University. They are used in figuring the University's budget.
chairman, said the committee unanimously approved the more recent figures the first time because the recent figures showed that the School of Architecture and Urban Design would get two seats instead of one and Nunemaker would get 17 seats instead of 18.
David Day, Elections Committee
The Senate Elections Committee last night voted unanimously to send StudEx the more recent figures, the same ones the committee sent StudEx last week. The vote came after a closed discussion.
A Nurmaker senator represents freshmen and sophomores in the College of Liberal Arts and Sciences.
Had they been rejected, the elections would have been postponed, Arnold said yesterday.
The meeting was closed, about 45 minutes after it began.
that all non-committee members, except a Kansan reporter, leave the meeting because, he said, committee members might be intimidated by the non-members.
Jeff Polack, student body vice president, then said he would keep quiet but wanted to watch the rest of the meeting.
Michael Foubert, vice chairman of the Elections Committee, then asked
Foubert then moved that the committee close the meeting to nonmembers by going into executive session. He gave no time to reopen the meeting in his motion but said later a restructuring session would last 30 minutes.
Day said the meeting was closed because the committee had personnel matters to discuss — the political interests of members of StudEx. Day said he knew the members of the Elections Committee would "open
See SENATE, p. 5, col. 6
Student Body Vice President Jeff Polack reacts to the Student Senate Executive Committee discussion about whether the approaching student elections should be postponed. Ruth Lichtwardt, chairman of the Senate Minority Affairs Committee and vice presidential candidate for the Chrysalis Coalition, is to the left of Polack.
Michael Foubent, a member of Student Senate Executive Committee, emphasizes his point to the rest of the StudEx members at last night's meeting.