Surface's answers to questionnaire
Following are the answers given by Provost James R. Surface yesterday in response to the student questionnaire presented to him Friday. The answers are either direct or indirect but accurate quotations.
"The Chancellor and the Board of Regents of the University are responsible for maintaining order and making such rules and regulations as necessary for the goals of education of the University and the conduct of affairs," Provost Surface said in introduction.
QUESTION: For what specific kinds of behavior are students subject to disciplinary action?
ANSWER: For violation of laws or University regulations.
Q: What are the "accepted standards of social conduct" to which students are expected to adhere?
A: Page 73 of the Student Handbook says, "The University assumes that its students are basically honest and adequately familiar with the commonly accepted code of right and wrong. It seems unnecessary, therefore, to enumerate the countless 'thou shalts' and 'thou shalt nots' upon which our society is founded."
Q: What is the "commonly accepted code of conduct" with respect to sexual conduct?
A: The University adheres to the laws of the land, which, in general, prohibit co-habitation outside of wedlock and deviate behavior.
Q: What is the "commonly accepted code of conduct" with respect to the use of alcohol?
A: Although based on Kansas laws, the University's policies are more restrictive than the laws of Kansas. For example, the University has taken the position that beer shall not be sold on University property, even though it is not prohibited by law.
There are two reasons for this policy: 1) it reinforces state law; and 2) it is the administration's belief that lax rules regarding the consumption of alcohol do not add to and might detract from the academic atmosphere of the campus.
Q: Is this "commonly accepted code of conduct" codified in state law?
A: Some parts are codified, and some are not.
Q: If it is so codified, then why should the University usurp the police functions of the state? Why not let the police and courts handle alleged violations? If it is not so codified, then why should the University create new police functions?
A: There are two reasons why the University assumes the police
function with regard to its students; 1) the University has a special interest in many of the cases; and 2) the deans work closely with law enforcement officials—in most cases, for the benefit of the student.
There have been cases where law enforcement officials wait to see if the University is going to act against a student before taking action themselves.
Last year, the University handled 180 cases of shoplifting in the Kansas Union Bookstore. Had these gone through the courts, it would have been to no one's advantage.
Q: Who in the administration interprets the aforementioned standards?
A: A variety of people interpret the standards. When a person is charged, he is charged by someone; it may be a student, an official, etc.
The Student Handbook on pages 86-87 explains the methods available for interpretation. The final interpretation is the responsibility of the chancellor.
Q: Is the University legally responsible for students' behavior? If so, in which areas is it legally responsible?
A: This is a very intriguing question. I have talked with several persons trying to find a correct answer to it.
There must be various kinds of responsibility. Often there is just a "feeling of responsibility" on the part of the University.
Q: Why does the University suspend and/or expel students who are charged by the police with committing a crime?
A: A student is not suspended just because he has been charged with a crime. When a student is charged, an investigation is conducted; the decision to suspend him may then be made.
It is possible that a student may be so involved in legal proceedings as to be unable to continue his classwork; in this case, he would be suspended. It is also possible that a student's presence may constitute a risk to other students; in this case, he would be suspended.
Q: Why does the administration keep personal dossiers on students? (Note: these dossiers, kept in the Deans' Office, are different from the academic record folder.) Who has access to the information kept in these files?
A: The administration likes to know as much about the students as possible; it is concerned with the bigness and impersonality of the University.
The dossiers are not just a series of black marks. They also
have student accomplishment records.
Only the deans in the personnel office have access to the files. Employers do not, although they may receive recommendations based on the files. Even I do not have access to them.
A student can request an interpretation of his file, but he will not be allowed to see the actual contents of the file.
Q: For what purpose is the information in "wing reports" (prepared by counselors in the dormitories) used?
A: The administration refers to these as "trend reports." They report the kinds of problems that are bothering students in the wings. They are not behavior reports.
Q: What is University policy with respect to freedom of the press for University publications.
A: Provost Surface said he would have to have more information to answer this. (During the question period Provost Surface explained that if an obscene publication was to be printed on the campus he would be concerned but not certain what he could really do. "If I had my way with the University Daily Kansan, things would be a whole lot different," he later explained. This was said jokingly to illustrate that he does not, in fact, censor the UDK.)
Q: What criteria are used for deciding which student organizations can or cannot use University facilities, such as Hoch Auditorium, for the presentation of programs to raise funds for their treasures?
A: The University Events Committee hears requests for use of the facility for fund raising. Usually it must be something for the benefit of the entire student body. (Provost Surface referred the committee to the Student Handbook for additional reference on this policy.)
Q: What criteria are used to decide what student organizations are or are not allowed to solicit funds on campus for off-campus activities?
A: This is determined by the All Student Council, which has allowed the Campus Chest and the Red Cross so far this year. The University restricts this with respect to use of the Faculty mail.
Q: How does the University policy on alcohol differ from state law? Why does the University have these special policies? Why are students of legal age who are attending off-campus (not on state property) social functions discouraged and or prohibited from consuming alcoholic beverages?
Tonight is Pitcher Night 65c Pitchers
A: We hope that all of our graduates will obey the laws of the land.
Q: Why can dormitory officials enter a person's room without his permission?
Q: Are the non-academic codes of behavior the University attempts to inculcate in students the codes we as citizens are supposed to follow after in leaving the University?
Dark or Light Beer
A: After checking into this term, I have not found that the University has used it. It was used in the State Supreme Court case when the Kansas Union was taken to court by the local merchants. (Students were referred to this court case.)
Q: What is the University's definition of "in loco parentis"?
A: The University is more restrictive than the state law governing the use of alcohol. If a group of any students rents the Eldridge Hotel and has cocktails, it is not under our regulations.
The Shanty Tap Room
Downstairs Next To The
A: The AWS has only delegated authority and it is a matter of official regulations. If an organization wants University sanction they can submit rules. Most decisions like the AWS are subject to the deans' signatures.
Q: In view of the fact that Associated Women Students (AWS) regulations are made by a student organization, what legal basis does the University have for enforcing their regulations and punishing violators? Does the University have the right to regulate any student organizations?
A: They have the right to be heard and their views considered. This is a right of appeal on page 60 of the Student Handbook.
Q: Why are All Student Council (ASC) decisions subject to administrative veto?
Q: What rights do students have, individually and collectively, to amend, approve, rescind, or otherwise modify administrative decisions?
A: I don't know. I will check into this.
644 Mass.
Q: If the parents of a girl give their approval for their daughter to live outside of University-approved housing why can't she do so?
A: Because the ASC has only delegated authority.
A: Because the rules and regulations which the student agrees to when he signs a residence hall contract permit it. I would not feel right to stand on that alone. This is kept to a minimum and usually for maintenance and emergency reasons only. I can cite examples of a student shooting a gun out of a dormitory window at passersby and of a student who was missing and suspected of suicide. In both instances the resident director was given permission to enter the students' room. They do not search for alcohol or firearms. We do believe in the right of privacy.
Red Dog
VI 2-9500
A: I think it clear that we have different rules for women because they need more protection and
Q: What is the rationale behind the discrimination against women?
security. It would be dangerous to have women's housing unlocked. Men can take care of themselves.
Q: What is the legal justification for discriminating against women?
A: This is the same as for all the rules. It lies with the chancellor and the board of regents.
10 Daily Kansan Wednesday, March 2, 1966