Friday, Sept. 20, 1985
From Page One
University Daily Kansan
5
Suit
Continued from p. 1
fifth semester and make satisfactory progress toward earning a degree.
Each university determines whether the student athlete has made a commitment.
The College of Liberal Arts and Sciences interprets the NCAA rule to mean that when a student athlete earns more than 25 credit hours outside the College, he is not making satisfactory progress towards a degree.
J. Stewart McWilliams, an Overland Park lawyer representing Williams and Certain, said the College's interpretation of the rule was wrong. Griffin is represented by Edward G. Colliser Jr., a Lawrence lawyer.
McWilliams said the players wouldn't have filed unless they thought they had a good chance of winning. Williams and Certain are fifth-year seniors, and this is their last year of eligibility.
"We couldn't wait until the end of the season, Williams and Certain won't get a chance to play again," McWilliams said.
McWilliams said the players' suit centered on three arguments:
That the College improperly applied the satisfactory progress rule
He said KU officials didn't clearly explain to the players how the satisfactory progress rule would be applied.
The only advice the players received about the College's interpretation of the rule was a pamphlet, Mr Williams had said. He later gave to the players in April — too late in the school year to help them.
hepten.
"The pamphlet didn't explain how they'd apply the rule," McWilliams said.
That the players were denied due process of law because they weren't allowed to present their cases in person to the College of Undergraduate Studies Appeals Committee on Sept. 10 when the players petitioned the committee for their eligibility, he said.
"There was no adequate hearing for the players," McWilliams said. "The committee was not appropriately qualified to deal with the issues dealt with in this case."
■That the players were misadvised
McWilliams said, "It wasn't all the advisers' fault, though. The University never told the advisers how to apply the 25-hour rule."
Last fall, according to the suit, advisers enrolled the three players in classes that were not acceptable within the College's interpretation of the satisfactory progress rule.
Johnson County District Judge Larry McClain, who signed the restraining order, said he thought KU had 10 days to request a hearing.
The restraining order was issued to prevent the players from suffering "irreparable harm until the court shall make a final determination," the order said
Harold Certain, Doug Certain's father, said of the restraining order, "It means a lot to us. His mother and I are pleased that he gets a chance to play. He's worked awfully hard."
Harold Certain, who lives in Nashville, Tenn., said he traveled to Honolulu to see his son play in KU's season-opening game Aug. 31 against the University of Hawaii.
"It didn't feel too good to go all that way and not get to watch him play," he said. "The main thing is that he gets to play. I hope he plays this weekend. I'll be there in Lawrence." David Griffin, Dane Griffin's father and his protege, has criticized his brother said his "husted his best fight not to be invisible"
Senex Continued from p.
The issues of discussion for the meeting had been suggested by SenEx Chairman Sidney Shapiro in a memo sent to Redwood Johnson and Brinkman on Tuesday.
KU's faculty representative to the Big Eight Conference, and Norman Yetman, chairman of the KUAC board's academic committee.
Redwood said he had requested the meeting to inform ExnEm members of KUAC responsibilities and actions.
Some of those present at the meeting questioned the advisability of discussing any part of the agenda in light of Johnson's announcement.
Yetman said, "I don't want to discuss it. I don't have liability insurance."
After a short discussion, agreement was reached to adjourn the meeting until such time as KUAC could determine the legal ramifications of discussing the agenda items.
Before the meeting adjourned, however, some aspects of KUAC operation and relationships between faculty and KUAC were discussed.
HOW TO KNOW — Shapiro said, "There seems to be some adversarial relationship between the faculty and the Athletic Department — at least according to the media. I don't understand what that means. I don't think I'm different from any other faculty member, and I don't feel hostile."
Redwood said last night that KUAC became aware of a communication problem with faculty when KUAC conducted a survey of students and faculty last year to find out what concerns might exist.
He said a review of faculty responses to the survey confirmed what members of the board had already suspected.
"There is a problem," Redwood said. "We've been working on it for a year, but we still have a way to go.
"The faculty members of the KUAC board, including myself, are acutely aware of the problem. We have to do two things. First, we have to run an intercollegiate athletic program that the University community will be proud of. By that I mean both on and off the field.
"Unfortunately, people in the University community tend to learn of what is going on through the media, and the media tend to concentrate on what's not going right."
"Second, we have to open communication better, so that people in the intercollegiate athletic program are more aware of the concerns of the University community and at the same time make the University community aware of the good things accomplished by the program.
After the meeting, Michael Foubert, graduate student senator and member of SenEx, said he would have preferred not to postpone the discussion of the total agenda.
However, he said, he understood the reluctance of the KUAC representatives to discuss issues that might be under legal dispute, especially when they were uninformed as to the scope of any suit.
"Obviously their interest is in waiting. I don't think they were being unreasonable," Foubert said. "I wasn't satisfied, but I understand their concern."
When contacted last night, Shapiro said he was unaware of any suit being filed, but if one was filed against the University by the players, he didn't think it would adversely affect the relationship between the faculty and KUAC. He said that by filing a suit, the players would only be exercising a legal right to seek redress from the University's decision.
4