SINCE 1889
Jimmy seems safe
Statue in front of Lippincott could stay clean as rivalry wanes See page 6.
THE UNIVERSITY DAILY KANSAN
Vulture
THURSDAY, OCT. 17, 1985, VOL. 96, NO. 39 (USPS 650-640)
Details page 3.
John Lechliter/KANSAN
A group of ecstatic Royals fans gather around the television in the lobby of Naismith Hall as they watch Kansas City catcher Jumbrello belt a 3-run
triple, giving the Royals a commanding 5-1 lead. The Royals went on to win the game 6-2, giving them a berth in the World Series.
Euphoria Fans cheer Royals to victory
By Kady McMaster Of the Kansan staff
As the Royals paved their way to the World Series last night, fans all over campus cheered, screamed and sprayed champagne in honor of their favorite team.
More on the Royals p. 13.
The evening began with big plans for some fans in Naismith Hall, 1800 Naismith Dr. About 25 residents crowded around the big-screen television in the lobby of the hall to watch the game. Some came equipped with blankets and books, which were later tossed aside when the Royals pulled ahead in the sixth innings.
"This is the biggest crowd we've ever had down here," said Lorna Thompson, Overland Park senior and resident assistant who worked at the hall's front desk last night.
"I didn't used to care that much about
baseball." she said. "But when all the residents are talking about the games, it's hard not to get into it."
Thompson wasn't the only enthusiast. Residents paused before getting on the elevator to catch the next pitch, pizza delivery men stop for the score, and fans yelled advice at the screen.
In the bottom of the ninth inning, the crowd went wild. When two Blue Jays were out, doors opened and chants of "one more out, one more out," echoed through the halls.
At Joseph R. Pearson Hall, 1122 W. Campus Rd., a crowd of about 15 men watched in the lobby and cheered their team to victory.
"This is great," said Lance Brown, Denver freshman "I'm cheering for the Royals, but the Cardinals are going to win the Series. As soon as this is over, I'm going to my room and putting on my Cardinals hat."
Things weren't loud in Watson Library, but the fans and the spirit were still there.
Martin Sheaffer, Tonganoxie senior, listened to the game over headphones as he studied on the silent fifth floor study lounge.
"If you hear a big scream in the middle of the theater, they score," he said. "I've been following them."
Another student in the library, Rob Jaeger, Lakin sophomore, also listened to the game on headphones while he studied.
"I listen when they pitch," he said. "If they don't get a hit, I turn it down and pay attention to my studying."
After the game, screaming fans at Naismith sprayed champagne over each other in an elated celebration.
"This is incredible," yelled Brian Burch, Prairie Village senior. "I've been to more than 40 Royals games this season. I can't wait for an I-70 World Series."
Judge decides not to dismiss athletes' suit
By Mike Snider Of the Kansan staff
OLATHE — A judge decided yesterday against a request by the University and did not dismiss two KU football players' suit against the University of Kansas in Johnson County District Court.
On Oct. 8, Vickie Thomas, University general counsel, filed a motion for dismissal of the suit by tailback Lynn Williams and linebacker Dane Griffin for the right to play football at the University, and declared ineligible by the University for not making satisfactory progress toward a degree.
On Sept. 25, the two were declared eligible by Judge Phillip L. Woodworth to play under head football coach Mike Gottfried's discretion until further court action.
Woodworth did not dismiss the case and both parties have two weeks to gather their last depositions. The University also must give more information to the court regarding its motion for dismiss, which will be reconsidered on Nov. 7.
Thomas said, "They (the two players) contended that there were factual issues in question in our motion. We'll have to answer those through affidavits or other material from depositions or the pleadings.
"We don't agree with that ruling. But the judge seemed to be leaning that way."
Thomas agreed to supply the supplemental affidavits to their motion.
Rose Marino, assistant general counsel, said during the hearing, "Because the end of the football season could come as soon as Nov. 23, if this is allowed to drag out, justice won't be served to the University."
Ed Collister, lawyer for Griffin,
and J. Stewart McWilliams, lawyer
for Williams, have until Nov. 4 to respond
to the court in writing to the
defendants' motion after it is supplied with the new material.
Collister said because the University's motion involved some matters of fact, he and McWilliams would have the opportunity to respond both
See COURT p. 5 col.1
Big 8 rep for KU talks on criteria
By Bob Tinsley Of the Kansan staff
The KU faculty representative to the Big Eight Conference said yesterday that a suit brought by three academically ineligible KU football players against the University Sept. 19, caught him by surprise.
Del Brinkman, the representative and dean of journalism, spoke to about 30 people yesterday at the University Forum's weekly luncheon meeting at the Ecumenical Christian Ministries building.
"I couldn't believe it would go to that level," Brinkman said of the pending suit.
One of the players was later dropped from the suit. Five other players were declared academically ineligible earlier in the semester.
Three KU football players, who were declared academically ineligible for play earlier this season, filed suit against the University to contest the declaration of ineligibility.
Athletics: Academic Standards," was an overview of problems facing University athletics in recruiting, eligibility and academic standards for students who plav varsity sports.
Brinkman said the University was known for its traditions of high academic standards and strong athletics. While some see the two traditions as adversaries, KU academic standards are being upheld for student athletes, he said.
However, all parties involved with the athletes must cooperate to ease the athletes' entrance into University life.
Brinkman's speech, "A Look at KU
"If they don't want to do that, they should not bring those students into the University." he said.
Brinkman said one of the athletic issues most often discussed on the TV program was his relationship with
The satisfactory progress rule was formulated by the National College Athletic Association out of concern for student athletes,
See BIG EIGHT, p. 5, col. 3
Law leads professors to Peking
Wolf Creek rate rehearing will be considered
By Jill White Of the Kansan staff
Details of the first exchange program between a law school in the People's Republic of China and KU's School of Law will be determined when law professors travel to Peking next week, the dean of law said Tuesday.
Mike Davis, dean of law, said three law professors and an interpreter will go with him to the Peking University School of Law from Oct. 20 to Nov. 1. They will discuss details of the exchange agreement that Peking University signed with KU last March.
"Peking's law school is sort of the Harvard of China," Davis said. "The immediate purpose and benefits of the exchange are to establish a link between the KU Law School and the best law school in China."
The program will provide an opportunity for KU students to study in China for little cost and Chinese students to study at KU for the price of in-state tuition, he said.
Martin Dickinson, professor of law and a member of KU delegation, said a large part of the trip would be spent visiting four universities not in Pek
KCC Chairman Michael Lennen said the commission could have denied a rehearing outright, but thought there were some legal
Davis said the exchange program, which provides for the exchange of faculty, students and library materials, would be beneficial to schools.
United Press International
The three-member commission agreed to bear arguments from the utilities on the need for equipment.
TOPEKA — The Kansas Corporation Commission yesterday opened the door to a possible rehearing of rate increase requests by the utility for its power plant for their costs for its construction
issues worth studying to determine whether they warrant renewed study.
See CHINA, p. 5, col. 5
A rehearing before the KCC is the first step the utilities must take in appealing the commission's rate decisions. After that administrative remedy is exhausted, they may appeal to the courts — a move the two large Wolf Creek owners have indicated they will make.
He said that if a rehearing was granted, it most likely would cover only the issues raised by the utilities on appeal rather than the broad range of issues covered in 12 weeks of hearings last summer.
No date was set for the oral arguments. Donald Low, KCC utilities director, said they probably would be scheduled for the first or second week of November.
The utilities — Kansas Gas & Electric Co. of Wichita, Kansas City Power and Light Co. of Missif r i i and Kansas Electric Power Cooperative Inc. — have accused the commission of being arbitrary and capricious in drastically cutting their rate increase requests.
Lennen declined to comment on whether he thought the commission would agree to grant the utilities a rehearing.
KG&E had requested a $371 million hike, an increase of 101 percent, but received a $166.6 million rate hike, or 36.7 percent, phased in over three years. KCPL received a $33.7 million rate boost, or 14.74 percent, compared to a request for $90.5 million in higher rates.
KEPCO received a $21.8 million hike, or 32.4 percent, compared to its request for a $27 million increase, or 40 percent, KG&E and DW. KEPCO is the largest Wolf Creek, while KEPCO owns 6 percent
The rates approved by the KCC currently are in effect for customers of the three utilities.
KU officials discuss malpractice insurance remedies
By Gary Duda Of the Kansan staff
TOPEKA — University officials, including two University of Kansas Medical Center representatives, went before the state's Legislative Budget Committee yesterday to discuss the Med Center's possible malpractice insurance problems.
Von Ende said Senate bill 362, passed last spring, made the Med Center a self-surer for its residents. That changed the previous policy that covered the residents by a private insurance company, St. Paul Fire and Marine Insurance Company, of Kansas City, Kan.
Richard von Ende, KU's executive secretary, told the committee that the Med Center was not satisfied with its current status as an insurance provider for its medical residents.
Von Ende said the bill came about because the State wanted to save money on malpractice insurance for its 350 residents.
In Fiscal Year 1983, von Ende said.
The new law, von Ende said, left the Med Center liable for its residents without any financial means of defending them in case of malpractice suits. He said the law also did not account for money for settlements or awards in suits.
the University paid $257,000 for malpractice insurance for its residents, and it paid $489,000 in FY 1985, the cost rose to $1.48 million
Von Ende said the projected cost for fiscal 1986 could be $1.7 million to $2.5 million for 1987. FY 1986 for the state began July 1.
Marlin Rein, associate hospital administrator, told the committee that any money for settlements or awards under the law's current intent.
"So long as 363 exists," he said, you've opened the door to the staircase.
Von Ende said two malpractice suits that involved Med Center residents were pending. The first is an Oct. 1838 incident involving a rei-
Steve Ruddick, attorney for the Med Center, said the second case involved a 15-year-old girl who fell from a window at the Med Center. Two residents and a physician are named in that suit.
dent who was moonlighting at Lawrence Memorial Hospital.
Rudickd said the claim was made after Senate bill 362 was enacted. He said the Med Center would have to retain lawyers for the residents. As of now the suit has not been served to the Med Center.
Von Ende said the Legislature had four options for correcting the problem.
"Right now we have no control over where we might be liable," he
The first, von Ende said, is to do nothing, which would leave the University open to "incredible" costs because presently the Med Center is liable for the residents' actions of where they are working.
The Med Center made the
"We have no idea when they do it or where they do it." he said.
The third option, von Ende said, was to go back to the original intent of the bill.
residents sign a contract saying they would not moonlight, von Ende said, but enforcing the contract was difficult.
Von Ende said the second option would be to insure the residents through a private company. To do this, the Med Center would have to wait until the Legislature could allocate money in its 1988 session.
The bill also would have allowed the Med Center not to pay in to the State Health Care Stabilization Fund. Doctors in Kansas pay into the fund, which supplements their malpractice
Senate bill 362, which became law July 1, originally intended to make the residents exempt from liability in malpractice suits. Instead, they would be under the responsibility of the Med Center while they were involved in Med Center activities or other approved activities.
coverage in the case of awards in malpractice suits.
Von Ende said the fourth option the state had was to modify the law.
Von Ende said three amendments to the law would be presented to the Kansas Board of Regents today and tomorrow in Pittsburg.
Von Ende said the first amendment would be to allow the Med Center to only provide insurance for its residents while they were under the supervision of the Med Center or other approved programs, but not when they were moonlighting in unauthorized places.
The second proposal would allow the residents to obtain their own malpractice insurance for work outside the Med Center's responsibility.
The final amendment would provide the Med Center with money for its self-insurance program. The program as it is now, von Ende said, does not allow for money for defending the residents or for settlements or awards.