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l he legal jargon that has been
associated with the University cf North
Carolina v. Department of Education
desegregation case has been repeated so
often it has become cliche to anyone
who has followed the controversy.
We've heard about increased minority
matriculation, elimination of
duplication of programs and the
enhancement of black schools until the
terms have lost any meaning they may
have had initially.
Dut for practical purposes, all that
bureaucratic terminology is meaningless
anyway. Even if UNC fulfills every
government demand, our campus won't
be integrated. We could desegregate
according to government specifications
until doomsday and still not be
integrated. Desegregation and
integration are two very different things.
Desegregation can be done with plans
and money and a lot of administrators
who recruit minorities and bureaucrats
who figure percentages. It's not easy,
but it's possible.
And compared to integration, it's a
Integration isn't accomplished by
juggling programs and .increasing
percentages. It means changing
attitudes, breaking with tradition,
eliminating ignorance. Try to find a
bureaucrat who can do that.
Blacks have been attending UNC
Chapcl Hill for 29 years, and it's still
embarrassingly evident that black-white
relations here are nowhere near ideal.
For example, according to
Department of University Housing
estimates, of the 1,012 black students
who lived on campus last year, ESO of
them lived in the four dorms on South
The Greek system is integrated no
better. There are three black sororities
and 12 white ones, and none have
broken racial barriers. Only a handful of
black men ever have belonged to the 27
predominantly white fraternities, and no
white men have belonged to ths thrcs
black 'fraternities.' '"-"".' "'
Many black students participate in the
Black Student Movement, a campus
organization that functions as a special
interest group addressing the problems
and demands of black students. They
also publish their own newspaper, Black
Ink and organize their own cultural
activities, such as the Opeyo Dancers,
the BSM Gospel Choir and the Ebony
Blacks even hold a black orientation
before the main Orientation period,
because they say that the main
Orientation period doesn't provide
Information black freshmen need.
On the surface, it might seem that
black students are perpetuating
segregation by insisting on holding onto
activities and organizations exclusively
for them. Other campus organizations
are open to them, after all. Why don't
they just participate in those?
But both black and white leaders on
this campus are quick to point out that
the banding together of bbek students
Pam Kelley, a senior journalism major
from Hamilton, Ohio, is University
editor for The Daily Tar Heel.
here in the form of black student
organizations and activities is necessary.
If predominantly white groups offered
something that interested blacks, if
white students took some time to
understand and accept the lifestyles and
heritage of black students, we wouldn't
need special black activities, they say.
But that just is not the way it is.
Legal barriers for blacks at this
University have been destroyed. But
other, less well defined, barriers
continue to thrive.
"The major hurdle we have to jump
over is ignorance," BSM President
Mark Canady says. "Not enough whites
know enough about blacks. That's what
prejudice and racism stem from just
lack of exposure. It's only natural. We
tend to stay away from things we don't
Student Body President Bob Saunders
agrees. "We're fighting institutional
segregation what we have to change -now
are attitudes, customs, traditions,"
he says. "The problem is the groups are.
quietly ignoring each other. There's no
confrontation scenes. That's so much
harder to correct than an angry
emotional scene. There's no recognition
that there's a problem."
Canady says fear of being alone
amidst students with different values
and lifestyles is probably the reason
many black students who live in campus
housing choose to live on South
Campus. "They feel they have a bigger
voice if they're together. If we're spread
thin we're easier to assimilate." And
since blacks make up only 7.5 percent of
the campus population anyway, it
wouldn't be too hard to spread them
It's not likely the Greek system is
going to change much either, at least
not in the near future. Canady says the
reason is pretty obvious: a man or
woman enters a fraternity or sorority to
be with people like himself or herself.
Blacks and whites on this campus don't
have much in common, so there's no .
desire on the part of either race to spend
a lot of time with the other.
t .'Hayde n; jlenwick,; associate-dean -of
the College of Arts and Sciences, says
there's a simple reason that blacks and
whites still don't have much in common.
"Whites are totally ignorant of the
values and lifestyles of blacks. Blacks
have adopted some values from whites.
Why can't whites adopt some from
blacks?" He says blacks are
indoctrinated to the white world
throughout school. But most whites'
knowledge of black culture extends no
further than George Washington
"Blacks are very suspicious of you,",
he says. "Why shouldnt they be? Blacks
were reaching out asking to be
integrated for years. They've finally said
'the hell with it. Now whites are going
to have to reach out and ask blacks to
participate, and it might take a while for
blacks to respond."
Canady and Saunders agree that if
real integration, not just desegregation,
ever is to be achieved, it'll take a
conscious effort from whites. They're
going to have to seek out blacks to
Sea INTEGRATION on pegs 2
Former Chancellor N. Ferebe8
Taylor, left, leads Department of
Health, Education and Welfare
. officials on a tour of the campus in
1979. Above and right, the
delays in the negotiations
between UNC and federal officials
prompted protests by the Black
Student Movement and other
students at the Chapel Hill
No winner in struggle: over UNC system
By JIM HUMMEL
On a hot day last month, while the residents of
Washington, D.C., were doing their best to beat the
heat, an administrative law hearing began in a building
just down the street from the center of the city.
T-The hearing -.Toonr; didtmotrseent tot reflect the
importance of the case. It was in the basement of a
federal office building around the corner from George
Washington University. There was just enough room
for all the lawyers, several dozen spectators and camera
crews who came to view the proceedings.
But the decision that will be handed down after all
the evidence is presented could influence the future of
higher education, not only in North Carolina, but also
in the nation.
The hearings began in July after the University failed
to reach an agreement with the federal government on
plans to desegregate the 16-campus UNC system. The
Department of Education is attempting to cut off an
estimated $90 million that it gives the University
annually. The battle has been going on since the
NAACP Legal Defense Fund brought a lawsuit against
the government 10 years ago in hopes of getting it to
enforce Title VI of the 1964 Civil Rights Act.
It charged UNC with not moving quickly enough to
desegregate its .11 predominantly white and five
predominantly black campuses. A final decision on the
matter is still a long way off, but whatever the
outcome, one thing is certain: The case has
educational, economic and political stakes that increase
each day the dispute drags on.
Jim Hummel, a junior journalism major from
Grafton, Mass., is state and national editor for The
Daily Tar Heel. .
During the past decade the focus of the negotiations
has changed and people involved in the case have come
and goijie, but after viewing each side's position one
thing seems clear: No matter which side is declared
victorious, nobody is going to win in this dispute.
Many people have tried to label the conflict as a
'tate.'strjghts.issue,,a. simple.. case jof North .Carolina
telling the government that it should not try to dictate
state runs its university system,
position is not racial, but
institutional control," UNC President William C.
Friday said in an interview last week. "The government
wants to see if it can prescribe the program a school has
to offer. It's so disappointing to see the government in
an adversary role. Universities do best when governed
But the problem goes deeper than that. Even if the
government were to lose the case tomorrow it still
would have a great deal of control over the direction
individual faculty research takes. Conversely, if North
Carolina fails to win, the UNC administration still will
be the dominating force, determining which programs
go to what schools regardless of how much federal
money is pumped into the system.
Either way, the longer the case continues the more it
hurts the system and UNC-Chapel Hill in particular.
' Vherever I go, my colleagues in other states say, 'Oh
yeah, you guys from North Carolina are the ones with
the racial problem.'" one professor said. "And the
reputation (of UNC-Chapel Hill) keeps dropping."
UNC ia control
Despite the government's efforts to get the UNC
administration to put key programs at the black
schools, it appears the University has had the final say
on jthe matter. The Department of Education has not
haa much influence with the system and probably
won't even if it wins the case. The changes will have to
corjie from within if UNC wants one of the black
schpols to become a major research institution.
there is a paradox in the government's attempt to
cut off UNC funding because if the system loses its
federal aid, the black schools are likely to be hurt the
-most. "I have never, seen an exact breakdown cf the
money we receive from the government, but if it were
cut off it would hurt us substantially," said Charles
Lyons Jr., chancellor of predominantly black
Fayetteville State University. "You are talking about
close to half a million dollars a year."
But the possibility of a total cutoff is slim, because of
a ruling by former secretary of Health, Education and
Welfare Joseph Califano. He said only programs that
directly led to segregation would be terminated, a total
of ipproximately $15 to $20 million.
However, because North Carolina is a leading system
in the South, the results of its case could determine how
the government handles other states. UNC is not alone
in its battle, although it is the chief contestant. The
Louisiana system also has had problems in its
negotiation with the government, but its. case is not as
advanced and has a few different twists to it.
"We were the only state that never submitted a
(desegregation) plan," Paul Ferlita, Louisiana assistant
attorney general said in a telephone interview recently.
"As it turned out the universities that did are still
See UNC SYSTEM on page 2
Interest focnoeo on IOan9-Nasio9 -Gommiinioto rather than caoe
By MELANIE SILL
In Guilford County Superior Court in
Greensboro, a trial is under way that has drawn
rational attention and publicity, little of it
favorable, to the city and to the state cf North
Ccrcllr.a's judicial system.
On trial ere six members cf the ICu Klux IChn
r. J the American Nazi Pciiy. They are charged
with first-degree murder and felony rioting in the
Nov. 3, 1979, deaths of five members cf the
Communist Workers Party at a "Death to the
VJm" rally in Greensboro.
From the cutset, the trial his been
complicated, confusing and grueling for fell
l?:!;r:l! Si.'l, a scrJcr Journalism mzjor from
Yc!: zhu, jv. -,7. b Wcebcnder editor for The
Dolly Tar Heel. SA r'vi cover ihi trial cs a
r .-""r f:r IT ? C- 1 a Bfeeri.'
- .... "
Jury selection, which began June 16, lasted
nearly six weeks. About 2,250 Guilford County
residents had to be summoned before a panel of
12 jurors and four alternates could be selected.
Unfortunately, the method of jury selection
used and the structure of the legal system may
have given the defendants a slight edge before
ectueJ presentation cf evidence bejan.
The jury is all white, with six men and six
women on the primary panel. The absence of
blacks is a serious deficiency in any jury,
especially in the Khn-Nazi case. One cf the five
killed Nov. 3 was black.
A tzd process
The process Itself, however, is probably to
bhrne for the homogeneous jury chosen tn the
Two prosecutors, outnumbered by the six full
time defense attorneys working cn the case,
questioned prospective jurors first throughout
the selection process, an unusual practice in a
In most trills, proiecuuon and defense teams
tile turns screening jpctentbl jurors first. Each
i:d: is t"ou ei a jpecified number cf peerr.r'.cry
dlsmttt-ls, in h;;h attorneys can reject a juror
tuthcut hiving to demenstratj cr state a resson
Also, tr.':.T.iteJ r.u.-.Ver cf 1!..t.1. :!& use
ti:o:-;J (:t c.vr.e, if cn cttorr.ey sbo-A$ D :cv;
c, :.:!::.:.-- tl.it a j-.rcr hsi r-i c
?.:! v.: ,M r:l t l.i.et ur.:tte to f ive .';!. ?r s a
In the Greensboro trial, prosecutors weeded
out most jurors who had overriding prejudices
against the Klan, Nazis or CWP. The state also
used preemptory dismissals for persons who
seemed more opposed to the CWP than to the
Because many jurors seemed to see the CWP as
the worst of the three organizations, though, the
state ran cut of preemptory dismissals long
before the defense team. The result was that,
toward the end of the six weeks, jurors with
strong anti-Communist feelings and neutral or
positive views cf the Klan and Nazis were
approved by the state and later by the defense.
Defense lawyers quickly got rid of jurors
strongly opposed to Klan or Nazi members or
ideology, including all the blacks approved by the
Not all the blacks rejected expressed bias
toward the two white-supremacy groups; some
said they knew tittle about either group cr about
the Nov. 3 shootings.
Many . quickly p'-sscd "ln:urrne;-;s:;b!e,
prejudices that wculi nuke them too tics: J to be
Others jumped on a band on cf sorts after
prosecutors asked standard questions about their
f;:! r;s cn the d:zth prr;::!:y, a pcssiMe
punishment tn any first-degree murder
As rr.s-.y cs r.'.r.e j.:.v:j u a sir, e r ' " -l f H
v, ,-re d' .: . - H w . c i! ; y r . 1 V :y ! . i t. 1
cr r;'. . js t .'...f Jr. I V..: d,:h pr.;!:y.
Though many jurors undoubtedly did hold
such beliefs, it was obvious that to some the
capital-punishment excuse was simply a way to
escape jury service.
Prosecution and defense attorneys seemed to
look for persons who had heard cr read relatively
little about the shootings through the news
The state approved most who said they had no
bias that would rule cut a fair verdict. Rejected
for no cause were some w ho said they thought the
IClan stood "for a stronger America" and ethers
who viewed it as a religious group.
Defense attorneys approved jurors who seemed
to have traditional, conservative Southern values,
had relatively few yean cf form.il education, and
who gave favorable cr impartial impressions cf
the Klan and Nazis and who opposed
V W tiU t t itt i
The issue that should have stood s. most
important the death cf five human lc;ns was
lest in a mishmash cf pclitlcal !eanin;s, sense
based cn inaccurate perceptions cf the groups
involved, ethers formed cathet -sis cf act! on i ty
J.i;e J;:s M. tc?z, a careful cr.J lerperarf
fjr.e tl rc -the rrc.?:.! r;,, re-. .1;J
j jrr.rs, t:orre)i and ce ,n c cf i) e r.-?t
cf rri-nary ir;vMar..: v..m r e f;!i t e t.-urs-v.
rre I :'rr L'-.-ff J.
I cr ! I.js liken c:..e cs.h ite? cf t: e way in
the lK,ft3f; Ho the Inter c ttl-tihtJ.t I -.a la
h f :.'.;t tj a-.s. ' I e r .' " i t t a f :i...l(f
the overturning of a verdict cn appeal.
In one instance. Long refused to go against a
law he said he fell was unfair and someday would
The law ruled cut the use cf photos or film
foot2ge as evidence in its own right, rather than
merely as illustrations cf a witness's te!.timony.
"The case will come when a jud;e, in the
interests cf justice, will have to change the law,"
Long said. "I don't believe this is the case."
Lcng may have made a major error in
judgment, however, in deciding net to sequester
News of the trial is in ail local sr. J most state
media daily, and the case is a prime topic cf
conversation for many in Guilford County. An
ur.sequestercd jury had easy access to media
information about the trial; thus the possibility cf
a mhtrail is increased.
Another complication ztcs when it was
reported in a July 14 Cfccnicro fceccrd story
that an F CI c:cr.i hid inf.'.trated the Klan and
kr.e cf plans to attend the Nov. 3 r; .
Though the g-ent, Uernard LV.kovich. had r.oi
tc!J pchee cf ths group's plan to carry weapons
to the rally, the question cf iuppres,::.n cf
evidence arose tca-te of liutkcvkh's
It was revealed that the s-er.i t S iJ .-r.ltted a
report to Guilford County D..:r Attorney
M.chael !khlvtf then! afiet the sheet in ;s.
Schh'S'.cr later wi crdered ly Icnj to turn otr
any pan cf the rep! that uU 1 1 favora! I: to
j J.J. f f fv ,
r -, T r 1 f. ! f" n n " ?