√ THE UNIVERSITY DAILY KANSAN VOL.101,NO.71 KANSAS STATE HISTORICAL SOCIETY OPEKA KS 66612 THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS THURSDAY, DECEMBER 5, 1991 (USPS 650-640) ADVERTISING:864-4358 NEWS:864-4810 INSIDE KU clinic helps 2-yearold adjust to deafness Page 6 When she was 16 months old Margret Mataele couldn't crawl or talk. After discovering Margret was deaf her mother took her to a KU Speech-Language Hearing clinic, and now Margret is learning total communication. Duke announces bid for presidency Former Ku Klux Klan leader David Duke pledged yesterday to wage an upstart rightwing presidential challenge to President Bush. Page 7 Alleged victim takes stand in Kennedy Smith trial in 3 hours of testimony, William Kennedy Smith's accuser told a jury yesterday that he raped her on the lawn of his family's estate. Page 7 Science library faces more than its share of problems Anschutz Science Library, a $13.99 million high-tech building, has been plagued with problems since its opening in November 1989. Page 10 Anderson free after six years The Associated Press DAMASCUS, Syria — Journalist Terry Anderson, the last U.S. hostage in Lebanon, was set free yesterday by pro-Iranian Islamic radicals. He said faith and stubbornness helped him survive his nearly seven-year ordeal. His release ended a brutal saga in which Shiite Muslims kept 14 U.S. citizens in chains, killed three U.S. citizens and bedeviled two U.S. presidents. Anderson said sheer determination got him through. A joyous Anderson grinned broadly, raised his arms and warmly greeted friends as he entered a conference room at the Syrian Foreign Ministry. "You just do what you have to do. You wake up every day, summon up the energy from somewhere even when you think you haven't got it, and you get through the day, day after day after day," said Anderson, chief Middle East correspondent of The Associated Press. Shortly after Anderson arrived in Damascus, he spoke by phone with Louis D. Boccardi, AP's president and chief executive officer. Boccardi said Anderson expressed thanks for the support he received. "I haven't touched the ground yet." His appearance was delayed for hours. U.N. officials, who have skillfully negotiated for the release of nine hostages since August, said they thought he had been delayed by a snowstorm in Lebanon. Anderson's kidnappers turned Anderson over to Syrian security officials who delivered him to U.S. pastor Christopher Ross in Damascus. Anderson, wearing a white shirt and a dark cardigan he received on Tuesday from his captors, joked about tight-fitting shoes. He said they were his first pair since he was kidnapped. "You can't imagine how glad I am to see you," an emotional Anderson told reporters. "I've thought about this moment for a long time and now it's here, and I'm scared to death. I don't know what to say." He hugged and kissed Alex Efty, an AP correspondent. He ended the news conference to see his wife, Madeleine, and to meet his 6-year-old daughter, Sulome, for the first time. "I have a date with a couple of beautiful ladies and I'm already very late," Anderson said. Asked what his last words to his kid-nappers were, he rolled his eyes and said simply, "Goodbye." Fulcher's complaints 1. SENATE DID NOT HAVE THE AUTHORITY to remove him because the Code of Student Rights and Responsibilities states that the University does not have jurisdiction over off-campus crimes. 2. SENATE DENIED due process. 3. A RECALL ELECTION is the only way to remove a student body president, according to the Student Senate Election Code. . . 4. THE FACT THAT THE STUDENT RIGHTS COMMITTEE wrote regulations for presidential removal this semester was an admission that removal procedures previously did not exist. 5. THE STUDENT BODY PRESIDENT is an ex-officio (non-voting) member and is elected by the student body. Senate did not have the authority to remove him. 1. BECAUSE THE MOTION TO REMOVE FULCHER did not affect his status as a student, the code does not apply. Judicial Board's response 2. THE PROCEDURES FOLLOWED BY SENATE were not fully consistent with due process, but Fulcher had an adequate opportunity to present his case. 3. THE CODE NEVER STATES that a recall vote is the exclusive means to remove a student body president. Fulcher loses presidency 4. WRITING REMOVAL PROCEDURES was not an admission of their prior inexistence but an acknowledgement that clarification was needed. 5. FULCHER DERIVES MANY OF HIS POWERS from Senate and is subject to removal. Judicial Board upholds Senate motion to oust leader By Blaine Kimrey Kansan staff writer Fulcher has the option to appeal the panel's decision to the Judicial Board on procedural ground. At 5 p.m. yesterday, Darren Fulcher was no longer student body president of the University of Kansas. LaSalle said that Fulcher was not leaning toward appealing the hearing panel's ruling through University channels. David Ambler, vice chancellor for student affairs, accepted the recommendation yester- More than two and a half months after Senate made its motion to remove Fulcher from the presidency, it was announced yesterday that the KU Judicial Board upheld the motion, ruling that Senate had the authority and followed the procedure to remove the student body president. The board's decision did not automatically remove Fulcher from office. The Judicial Board serves only as an adviser to the administration. The decision means that former vice president Alan Lowden is now president. "I am surprised," said John Robertson, Senate's representative to the Judicial Board. "I prepared myself for the worst and got just the opposite." Declining to comment about the decision after a meeting with Ambler yesterday, he pointed toward James LaSalle, his Judicial Representative, and said, "You can talk to him." news release. Fulcher may file a lawsuit against the University, LaSalle said. Fulcher signed a contract when he became president, and the contract specifies conditions for his removal. LaSalle said the hearing panel might not have considered those conditions Troy Rabakovich, Student Senate Executive Committee chairperson, based the removal motion on provisions in Robert's Rules of Order. Ambler said the contract was insignificant because it presupposed that Fulcher was president and subject to Student Senate Rules and Regulations. A section of the Senate rules and regulations states that when the rules do not have provisions for a certain case, Senate should refer to the appropriate procedure, for guidance. LaSalle said he also was surprised by the hearing panel decision. "I'm angry and disappointed at the decision." LaSalle said. "Senate did a patchwork job to remove Fulcher. They had to backpedal a lot to save their asses." "I think we screwed," he said. "The judgment was wrong, and the Judicial Board was." LaSalle was upset because he said that Rick Levy, chairperson of the hearing panel, had him the panel delivered for only an hour Nov. 21, but it tried the case, before it made its decision. He said the hearing panel contradicted itself, saying on the one hand that due process was not violated and on the other that it was. hand by ruling in favor of Senate Robertson disagreed "We always felt that what we did was proper and fair, but we didn't know if the J-Board would be satisfied with our procedures," he said. "Fortunately, they were." Both Lowden and Robertson said the hearing panel decision reaffirmed the autonomy and authority of the jury. The decision demonstrates the power students actually have at the University, Robert- LaSalle interpreted the decision differently that the panel doesn't understand the rules any more than Senate does," he said. The panel was deciding only on the legality of the removal procedure. Now that Lowy is president, the office of vice president is vacant. A new vice president will be hired at $250,000. Ambler said he was melancholic after the release of the hearing panel decision. "I remain impressed with Darren's resilient 1," he said. "I have to say I personally feel availful about this, not because of my personal relationship with Darren, but because I know Alan, Darren and Troy." "You develop a great deal of affection and admiration for these people who assume heavy, heavy responsibility beyond their class. I just hoped it might pass us by, so to speak." Ambler had placed a stay on Senate's removal motion pending a hearing panel decision after the Judicial Board decided the stay it had placed on the motion was invalid. What's next: Alan Lowden, former student body vice president, is now presi- A new vice president will be elected by Senate from its members. panel to the Judicial Board on procedural grounds. ■ Fulcher could file a lawsuit against the University of Kansas. Alan Lowden Bureau de sécurité du commerce et du commerce Chancellor Gene Budig said yesterday in a prepared statement that Student Senate must move to identify its new leadership for the remainder of the academic year. "I wish to express our appreciation for Darren Pulcher's service to the University," he said. "He has been an effective spokesman for student concerns with the University administration and most particularly with the Board of Regents. I wish him well in his future endeavors." KU students join with local children for Jewish holiday By Rochelle Olson Kansan staff writer the songs of Hanukkah filled the Hilliell House, 940 Mississippi St., last night as KU students and children from the Lawrence Jewish community celebrated the holiday. The holiday commemorates the victory of Judah Maccabee and his followers over the forces of Atochus Ephiphanes, a Syrian tyrant. Hanukkah which began Sunday at sunset, lasts eight nights. Debbie Brodsky, coordinator of the Hillet Little Brothers and Sisters program, organized the fourth annual Lilac Festival. Brodsky, Lincolnwood, III., sophomore, helped match students with children earlier in the year. The program helps children realize that a Jewish population exists outside Lawrence, she said. The program provides the students with a sense of community away from home. They eventually form a family. But last night, the focus was on celebrating, as the children wrapped gifts they brought to be donated to the KU Cares for Kids program. The presents will go to needy children in Lawrence. Ten-year-old Sara Gottlieb, a little sister, said her favorite activity was spinning the dreadlock, which she describes as "a fun thing." Gottlieb said she enjoyed coming to the party because she could see her friends and her big sister. Gottlieb sat on her big sister as the two laughed, hugged and waited to light the Monarch Emani Perelatid, East Lansing, Mich., sophomore, is Eglytith's big sister. She said Hanokhann was a great fan of her. Gottlieb sat on her big sister's lap as the two laughed, hunged and waited to light the Menorah. Hililek students plan to continue celebrating Hilukah by lightning the Menorah. A holiday Shabbat, a celebration of life and faith, is scheduled. Julie Jacobson/KANSAN Aid Rosenbium, Overland Park freshman help Brian Flescher make an edible dreidel with Hershey's kisses, gum drops and marshmallows. 2 former students arrested in CMSU locker room theft Kansan staff writer By Melissa Rodgers KU police arrested two former KU students last night in connection with the burglary of Central Missouri State University. More than $14,000 in equipment and belongings were taken from CMSU's locker room in Allen Field House during the second half of the Kansas-CMSU basketball game Saturday night. Among the items reported stolen from the locker room were sweat suits, gold jewelry and about $1,300 in cash. The players had intended to go holiday shopping Sunday at the Country Club Plaza in Kansas City, Mo. KU police representative John Mullens said that Jeff Holly, a 23-year-old former KU football player, was arrested about 6 p.m. yesterday at Park 25 Apartments, 2401 W. 25th st., on charges of burglary and felony theft. Also arrested about the same time but at a different, undisclosed location was Dragan Davidovic, 22, a Lawrence resident and former KU student, on a misdemeanor charge of possession of stolen property, Mullens said. Holly, who was being held last night without bond at the Douglas County jail, is scheduled to appear in court today. Davidicov was released yesterday on $500 bond and is scheduled to appear in court Dec. 16. Mullens said witnesses, police contacts and calls to the Crimestimbers notified to the arrests. Both names were listed in the incident report. A few callers told police that they thought that they knew who burglarized the lock room, and one of the callers told them that he had been caught. Mullens said that at least one of the stolen items was found in the apartment. Two or three more of the stolen items have been recovered from another person who was not involved in the burglary, he said. ] The Associated Press contributed information to this story.