University Daily Kansan
Thursday, September 4. 1975
3
Suit charges
From page 1
two-year terms by the student body president.
He said the amended bylaws were in violation of Article 10 of the Student Code, which states that a student can't be denied admission to a university sponsored or University approved activity because of race, religion, ethnic origin, gender, sex, or sexual orientation, unless sex is a bona fide qualification.
In addition to demanding that the Senate refuse to allocate funds to the athletic corporation until it revises its bylaws, the Senate should consider a student body president, reconsider all applications for appointment to the board. Barker said he did so "because that would be the only effective way of changing the butt of the boot already indicated if he had no intent to do so."
Barker said that Rolfs, in compliance with the amended bylaws, "unlawfully, improperly, arbitrarily, and capriciously refused" to accept Barker's application, and that the refusal was based solely on his race and sex.
He also said the bylaws violated Article 11 of the Senate Code, which states that groups can't be funded by the University unless they abide by the code's provisions.
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The four parties charged will be served with the charges today, J. Hammond McNish, chairman of the hearing division, said. They will then have 10 working days to an answer. A prehearing conference call will be the actual hearing occurs, he said.
Rolfs said the Student Senate would follow allocation procedures until ordered
Barker had attempted to get the bylaw changed last spring through the Office of Attorney.
Mike Davis, general counsel, said the hearing division's power to judge the allocation of funds was questionable and the Senate decided after interpreting the Senate Code.
22. He filed a complaint with the office April 12. In May, that office initiated a "good faith effort" to mediate the dispute by giving Walker and the executive committee of
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KUAC four options to the disputed bylaw developed by Barker.
Barker first suggested the athletic board be increased by one or two students, so one student-at-large appointment would be unrestricted by sex or race each year.
Barker suggested another option that the athletic board could be expanded to provide equal numbers of at-large representatives from faculty, alumni and students.
Barker's third option was the deletion of a sentence in the bylaws that explicitly required student positions on the board include one woman and one minority member in the institution of a phrase that said consideration must be given to all applying individuals.
He also recommended a final option that the duration of appointments to the board be reduced from two years to one year and that the quota be modified so that one student member of the board be either female or a member of a minority.
“Whether the Affirmative Action Office was working for or against me, I don't know,” he said. “I really didn't expect Affirmative Action to do anything.”
at the time of the original controversy, Bonnie Ritter Patton, director of the Office of Affirmative Action, said she thought the president's response was "disastrous." Action, and definitely not in violation of the
However, Barker said he had a HEW affirmative action interpretation that said employment requirements shouldn't be waived or lowered to attract women or other minorities. In the interpretation said, an executive order prohibits such deferential treatment.
Affirmative Action plan, Patton was unavailable for comment yesterday.
The interpretation said it was unacceptable for an employer to ask women or minorsites are preferred for a job, or that a candidate presents the Affirmative action position.
Barker said that even though most AFirmative Action regulations applied to employers and employees, he thought they were still applicable to his case.
When asked if he thought Bauer's surname was valid, Rolfs said, "Very much so. I don't think we can go ahead without coming to grips with this problem. It will be an on-elapse until the Supreme Court decides to haul case involving reverse discrimination."
At the time that the appointments to the board were made, Rolfs said, he recommended the elimination of restrictions on applicants.
Clyde Walker, one of the charged parties
chairman, was unavailable for comment.
Tom Weiss, professor of economics and a member of the board, said, "I might be in favor of not spending student activity fees for the athletic corporation, but not fees (Barker's) reasons. From the athletic corporation's view, the students make it very easy for us to run the corporation by giving us their money to spend."
When asked whether he expected to want, Barker said, "Yes. I think I have the law on my side—the federal law, the Affirmative Action guidelines and the case law."
"I think the University has a clear obligation not to discriminate. My intention is to enforce that obligation."
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