---
University of Kansas Lawrence, Kansas
KANSAN
The University Daily
Friday, August 29,1980 Vol.91, No.6
Prosecutor moves to dismiss KU case
By RAY FORMANEK Staff Reporter
A motion to drop all charges against 12 demonstrators arrested at Commencement Day for violating KU's banner policy will be made in court. A judge, by Coll Kehnts, city prosecutor.
Knutson said this morning that he was moving for dismissal of charges because of "what did and did not" take place at KU's Convocation Monday.
Four members of the Academic Freedom Action Coalition unfurled two banners at Convocation. The first read, "Protect First Amendment Rights AKA RUN" was a replica of one of the arrests before the 12 arrests. The second banner read, "Thank for not Arresting Us!"
No action was taken by KU police against the
demonstrators at Convocation. But they were given copies of KU's banner policy by ushers.
Defense would subpoena Dykes for trials
"Because of the change in pondy with people doing the same thing with no legal ramifications," Knutson said, "the cases were not worthy of further prosecution.
"It was a balancing procedure for me. It is in the best interest of the city, community and the University to be done with the matter."
Bonna Yoder, defense attorney, agreed with Bonita that the dismissal was probably the best for everyone.
"I'm sure the defendants will be delighted to learn about it," she said.
Police arrested 11 protesters, who displayed banners at the ceremony, after they scuffed with campus police on the top row of Memorial Stadium. Mark Cline, Lake City senior, was
arrested in a separate incident, when he tried to enter the stadium with a sign protesting KU's investments in South Africa. The twelve, who were charged with disorderly conduct, criminal trespassing, or both, faced possible sentences of a $100 fine, 90 days in jail or both.
The charges were dropped following a motion for dismissal of the charges filed Monday by Bonita Yoder, defense attorney for the 11 players who unfurled the banners inside the stadium.
Filed along with the motion was a request by Yoder for a subpoena ordering Archie Dykes, former KU chancellor, to appear at each of the 10 trials scheduled for the protesters.
Yoder would not say why she wanted Dykes to appear at the trials.
In an 18-page brief supporting the dismissal
motion, Yoder charged that the Lawrence disorderly conduct and criminal trespassing ordinances and the KU regulations on political advertisements were unconstitutionally vague and overbroad. The brief also said that even if the laws and regulations were constitutional, they were unconstitutionally applied in the cases.
A hearing had been scheduled for Sept. 3 to consider the defence's motion to dismiss the trial.
Yoder agreed with Knutson that the incidents had been handled inconsistently. She said, although there were no factual differences between the two demonstrations, arrests were made at Commencement but not at Convocation ceremonies.
Knutson said KU's banner policy which states:
"Political advertisements shall not be permitted in enclosed areas of the campus devoted primarily to instruction, or in other enclosed areas during nonpolitical events," was not the central issue of the cases. He said the only way he believed to continue prosecution of the cases was if the discontinuity conduct and criminal trespassing charges could have been separated from the banner policy.
"One extreme view would hold that charges on criminal trespass and disorder conduct don't have anything to do with the policy against banners," Knutson said.
Another consideration is that the disorderly conduct charges may have resulted from the actions that police took, he said.
Yoder said that from a legal standpoint, she would not have minded seeing the cases go to court.
"It was a chance to set a legal precedent one way or the other on the matter," she said.
Architecture students work amid a cluster of dozens of drafting tables and leekers set up in temporary facilities in the north gym in Robinson. The architecture students moved to Robinson because of a $2.2 million renovation project of Marvin Hall.
Architecture equipment a hazard
Staff Reporter
By CINDI CURRIE Staff Reporter
Relocated architecture equipment could cause a possible fire safety infraction in the north gym of Robinson Gymnasium which houses an archery facility. The director of Architectural Services, said yesterday.
"I' (the safety hazard) may not have been
mishap, which you could block
corridion with your firefighters if it
would not damage the firefighters.
Joel Kerschen, St. Charles, Mo., fifth-year architecture student, said that he had visited the north gym of Robinson and that students had moved the drawing tables and storage lockers in the area from positions designated by design plans.
KERSCHEN AND Whipple said they had reviewed the detailed drawings of Robinson's design plans before they were implemented and were there no infractions of the Uniform Building Code.
Whiple said that he made decisions about the safety of University buildings and additions in code and that the state fire marshal was consulted on a question about a possible infraction of the code.
Dennis Domer, acting director of the School of Architecture and Urban Design, said he approved the original plans and had not considered the possibility of a safety infraction.
He said he assumed that Kerschen and wwhe were in original plans, had checked into safety regulations.
Paul Markley of the state fire marshal's office said fire marshals would be making a routine inspection of KU within the next 45 days.
He said that after hearing about the possible problem in Robinson he would send an inspector
Whipple said he attempted to enter the area before school began but was denied entrance.
However, he said the working conditions in Robinson were worse than in any of the architecture annexes and students had grouped together and were cramped in some areas.
Dorner said other problems facing students in Robinson were heat and noise.
Rodger Oroke, director of Facilities Operations Support Services, said that the partitions and storage lockers were installed according to the plans given him and that he had not inspected the gym since the students had moved in.
"The fire hazards are not any worse than in Marvin at any time." Kerschen said.
KERSCHEN SAID that although more than 180 tables were in the gym, he did not consider the situation in Robinson any more dangerous than other places where architecture students were.
To combat the heat, a fan was installed and the
louwers near the ceiling of the building were opened to allow air to circulate. he said.
DOMER AND WILKERSON agreed that the students would have to get used to not eating, smoking or drinking while they worked.
No food or smoking is allowed in the gym, according to University rules.
Tom Wilkerson, director of Robinson Center,
the sympathetic with the students working in
Robinson Center.
Mike Donovan, Kansas City, Ms., senior, said that before the fan was installed "it felt as if we were playing a video game."
Kent Freed, Kansas City, Kan., senior hei,
said he was the first class hei since
began playing wrestling. "I wrote this."
He said working at night was a hassle because there was only one door open to the studio and students had to show a student ID card to get into the building.
KU requested $106,740 in the 1982 Regents budget requests for the purpose of waiving enrollment fees for graduate teaching assistants.
Both Donovan and Freed agreed it was dif ficiult to attend classes because of the noise level.
"The graduate fee waiver is really important," KU ASK Chairman Craig Templeton said yesterday. "It was born out of KU and KU
DONOVAN SAID that during his class he could barely hear the instructor who was standing only a few feet away.
Friction also has developed between physical education students and architecture students. Freed said.
Graduate teaching assistant fee waiver top priority, campus ASK head savs
A proposed fee waiver for graduate teaching assistants is the most important to KU among nine priority lobbying issues selected by the Associated Students of Kansas for the next legislative session, according to the KU chairman of the statewide student lobbying group.
"There's already graffiti in the bathrooms about us," he said. "It's not by choice that we're here."
By DIANE SWANSON Staff Reporter
ASK, which represents about 73,000 students at six of the seven Board of Regards schools, as well as the University University, presented what it considered to be the most urgent priorities to Gov. John Carlin on Wednesday.
Templeton and Evans both said they thought the nine issues ASK had selected as priority items had a good chance of passing unscathed through Gov. Carlin's office and the Legislature
"This being an election year, budget cuts won't be that severe," Evans said. "I'm sure they'll get something. We'll get more than we got last year, anyway."
JEFF EVANS, KUK ASK campus director, said the money for graduate fee waivers, combined with an increase in faculty salaries, was necessary to attract qualified teachers to KUK. He funding KUK, 42,081.51 to increase the salaries and benefits of unclassified employees by 12 percent.
stands the most to gain out of it because of its graduate program."
"We need to pay students enough and make school available to the majority of students in Kansas, and then pay enough to attract qualified teachers," he said. "We keep quality education in Kansas," Evans said.
Each university sends its own budget requests to the Regents. ASK then picks several priority items out of those budget requests and lobbies for the issues in the Legislature.
THE REQUESTS approved by the Regents will be submitted to the Governor's budget office Carlin will finalize his budget recommendation and will present them to the Legislature in January.
The faculty salary proposal, while not ASK's one priority, is the largest, taking totaling, $149,286.
ASK's other eight budget priorities would cost $1.8 million, with the biggest of those requests, $1.83 million, to complete projects making campa­ses more accessible to handicapped people.
See ASK page 5
Leading the list of ASK priorities is student salaries. ASK supports an 8.1 percent increase over fiscal year 1981 for a total $419,100. KU is seeking $25,000.
80 institutions now facing bias inquiry
By ARNE GREEN Staff Reporter
Staff Reporter
Three regional universities have joined the University of Kansas on a list of institutions to be investigated by the Department of Education for possible sex discrimination in athletics.
Kansas State University, Central Missouri State University and the University of Missouri at Kansas City were among 72 schools named Wednesday because of complaints filed contending their athletic programs discriminate against women.
Originally, eight universities, including KU, were marked for alleged violations of TITLE IX, a federal law that prohibits discrimination in education. It was revised to 80 the number of schools to be investigated.
DeLoss Dodds, K-State athlete director, said he did not think the investigation stemmed from his own conduct.
"The complaints filed against us are probably four or five years old," he said. "When Title IX was under HEW, they had one person out here to investigate, but they never got back to us."
Colleges were given three years to comply with the UX regulation, which went into effect in 1975.
Education and Welfare issued its final interpretation for enforcement of the rules last December. Jurisdiction was switched to the Department of Education in May.
The interpretation states that aid for athletes must be proportional to the number of men and women involved in intercollegiate athletics. It also states that men and women must receive equal treatment with regard to equipment, facilities, travel and coaching.
At KU, Athletic Director Bob Marcum said that the University was still in the process of getting Department Education with information and did not know when investigators would visit the campus.
Wichita State University has not been named in the Title IX investigation, but Natasha Fife, WSU women's athletic director, has filed in-house grievances claiming that the women's athletic program is not receiving equal treatment.
Fife asked James J. Rhatigan, dean of students at WSU, for an investigation by an Affirmative Action officer and a committee of Fife's choice.
Rhitanagar said the investigation would be made by WSU's standing Title IX committee. He told Fife she would be able to drop one member of the nine-member committee and add two or three.
Police say former KU student a suspect in hit-and-run death
Patrolman Larry Kasson said yesterday that he identified the driver through witnesses' accounts of the accident. One witness identified the car of the car as the driver at the time of the crash.
Lawrence police say they think a former RC student was behind the wheel of a car involved in a hit-and-run accident last Saturday morning, in the death of Mark Allen, Leawood junior.
Kasson said his investigation revealed inconvenience in the cooper's explanation of his findings. Mr. Kasson said that
Materialis found in the car also indicated that the owner was the driver at the time of the accident, Kasson said.
According to police, the owner reported his car stolen almost 24 hours after the accident.
Kasson said yesterday that he would talk to Mike Malone, Douglas County district attorney, about filing charges against the driver.
Kasson said he thought the driver was at fault because the motorcycle hit the car as the car apparently was backing around a corner at 22nd and Tennessee streets.
The motorcycle would have the right of way under the circumstances. Kasson said.
Allen died Wednesday at the University of Kansas in fall from severe head injuries suffered in the accident.
Man takes over Perry home
PERRY (UPI) - A man who apparently took drugs in response to a raid by authorities on his home and then allegedly broke into a neighbor's room. The suspect, unseen, surrendered to authorities late yesterday.
house. Bledsoe did not require hospitalization, a sheriff's dispatcher said. No other injuries were reported.
Aggravated assault, burglary and aggravated kidnapping charges were pending today against the 28-year-old suspect, Jasper McMurray of Ozarkie. He was being held in the courtroom.
McMurtry apparently gained entry into the home yesterday by asking the owner, Alonzo Hornsby, to water his lawn and said sheiff's deputy Claire Alexander Munn helped allegedly pulled a knife on honeys and tied them up.
Hysten fled himself shortly afterward, fled from the residence and notified police.
When sheriff's officers arrived, Deputy Gary Bledsoe was struck by pellets from the weapon the man allegedly began firing from inside the
The man apparently was angry because authorities had seized a variety of drugs and weapons from his home Wednesday, said Alexander.
"They got a tip he had a bunch of guns and stuff," said Alexander. "They found some cocaine and grass . . . a little bit of everything."
Yesterday, the suspect apparently took drugs and then walked up to the Hystonia home a few minutes later.
Ken Pierce of the Shawnee County Sheriff's Department spent three hours on the telephone with McMurtry and finally convinced him to leave the house shortly after 7 p.m.
Partly cloudy tonight with the possibility of thundershowers or scattered showers. Temperatures should be in the mid to upper 90s today and in the low to mid 70s tonight, according to the National Weather Service.
Winds will be out of the south at about 5 mph.
Tomorrow will be sunny with highs around 60. There is a possibility of a late afternoon rain.
The extended forecast for Sunday and Labor Day indicates warm days with temperatures in the 90s and little chance of rain. Nighttime temperatures will be in the 70s.