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Serving the students and the University community since 1893
Volume 97, Issue 81
Wednesday, November 1, 1989
Chapel Hill, North Carolina
NewsSportsArts 962-0245
BusinessAdvertising 962-1 1 63
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By SARAH CAGLE
Assistant University Editor
The Student Supreme Court ruled
Tuesday night that an Oct. 10 referen
dum adding five positions to The Daily
Tar Heel Board of Directors was inva
lid, but that four positions should be
added because results of a 1983 refer
endum were never reflected in the
Student Code.
In a 5-0 decision, the court ruled that
Student Congress Speaker Gene Davis
violated the code by improperly notify
ing congress members of a special Oct.
8 meeting at which members voted to
put the referendum on the ballot. The
court rejected an argument that the
results of the election were affected
because the election was held only two
days after that congress meeting, fewer
than the six days required by the Stu
dent Code.
But the court also ruled that four
members must be added to the DTH
board because students voted to add
those positions in a 1983 referendum.
Due to an unknown error, the code
never incorporated the results of that
election.
'This case could have been prevented
had the 1983 referendum been codi
fied," said Asa Bell, chief justice of the
court.
Tuesday's case was a result of a
complaint filed by Student Congress
Rep. Jeffrey Beall (Dist. 7) against
Davis; Elections Board Chairman David
Smith; and Gretchen Knight, chair
woman of the DTH board.
The referendum, one of three on the
Oct. 10 ballot, was approved by stu
dents 216-48.
After a motion by the defense to
remove Associate Justice Phil Skill
man a third-year law student
N.C. oinafessors'sarouia
ek
By BRYAN TYSON
Staff Writer
The N.C. Conference of the Ameri
can Association of University Pro
fessors (N.C. AAUP) recently passed
a resolution that members hope will
give university faculty greater influ
ence over student athletics.
The resolution was approved at a
statewide AAUP conference Oct; 14.
It will be sent next to Robert Jones,
chairman of the UNC-system Board
of Governors, and UNC-system Presi
dent CD. Spangler. The board is
expected to consider it at its next
meeting.
UNC associate professor Caroline
Becker, chairwoman of the local
AAUP council, attended the confer
ence at the request of Mary Williams,
an N.C. State University (NCSU)
professor and president of the N.C.
AAUP. Becker predicted Jones and
Spangler would willingly accept the
proposal. "I would think they would
receive it favorably."
Spangler has asked for more fac
ulty involvement in light of the recent
Spooks and specters
By ROBERT BROWN
Staff Writer
Halloween has again come and gone,
and it appears Chapel Hill has survived
yet another invasion of ghosts and
goblins.
Young and old alike gathered
throughout the town Tuesday to cele
brate in various ways, shapes and forms,
and everyone from Batman to Snow
White had a good time.
Bnside
Legal learning
Law Day fair provides intro
duction to law schools 3
With a Southern touch
UNC graduates collaborate to
produce play premiere 4
At home far away
An in-depth look at UNC's
foreign students..... 5
City and campus 3
State and national 4
Features 4
Focus 5
Sports 6
Classifieds 8
Comics 9
F"" " , .
from the case was denied, Beall argued
that the referendum was invalid be
cause of three violations of the student
government code:
that public notice of the referen
dum was not given six days in advance
of the election as required by the stu
dent government code;
that Student Congress members
were not notified by U.S. mail as
required by the code of the special
meeting in which the full congress voted
to place the referendum on the ballot;
and
that the Elections Board was not
properly representative of graduate and
professional students of the student
body as required by the code.
Beall argued that these discrepan
cies affected the outcome of the student
vote. "Running a referendum through
48 hours before it is voted on is a farce
of responsible collective action."
Congress member Mark Bibbs (Dist.
1 2), who acted as defense counsel, said
the complaint was related to what he
called Beall's "vendetta" against the
DTH. Beall is circulating a petition
asking for a recall election of editor
Sharon Kebschull.
Bibbs told court members that the
defendants did not willfully violate the
student government code. "Even though
a mistake may have been made, rule on
the intent of the law. The students knew
what the intent of the referendum was.
There's no way the court can reasona
bly say the outcome was affected."
He said the court should use the
same logic to decide the outcome that
was used at a pre-trial hearing Oct. 15.
Chief Justice Bell at that time ruled that
although Beall had improperly filed
and presented evidence, he had been
following the intent of the Student Code.
Drain
i athletic problems at NCSU. Becker said
that many people wanted to know de
tails of the troybles at NCSU, but that
Spangler had done a good job of putting
that behind at the conference and look
ing instead to the future. "The prob
lems at N.C. State dont make any
difference now," Becker said
The resolution has five basic provi
sions: The faculty senate chairman on
each UNC-system campus would be
made an ex officio member of the
school s board of trustees. This privi
lege is now given only to student body
presidents, whose position will not be
affected by the resolution, "The faculty
isn't represented there, and this was
just an attempt to give the faculty the
same representation that students have,"
Becker said.
Faculty members selected by their
peers will be appointed to committees
-that monitor sports prograrns. The
provision also asks tihat a tenured fac
ulty member chair the committees.
AH academic advising programs
would be placed in the division of aca
Many area youngsters took advan
tage of Halloween activities sponsored
by Alpha Phi Alpha, the Black Cultural
Center (BCC), and Granville East and
West, while many students opted to
head toward downtown and Franklin
Street.
Granville East and West held events
for area children. Granville West held a
free haunted house and mini-carnival
while Granville East gave out candy to
children who came trick-or-treating.
"It was interesting," said Al Gray, 8,
after his trip through the haunted house
in the basement of West.
But 4-year-old Leah Haun thought it
was more than interesting; she thought
it was scary. The screams that echoed
from the haunted house scared the magic
princess away after only a few mo
ments in the house.
Leah's mother, Marie, said she
thought it was nice for the students to
put together a haunted house for the
children, and the students seemed to
enjoy putting the show together.
"I love it," said Lucy Yates, a fresh
man "fortune teller" from Asheboro.
She had told fortunes at Halloween
parties before and was excited to get
involved when she heard about the
Granville haunted house.
Alpha Phi Alpha fraternity and the
BCC took children of University em
ployees trick-or-treating through Mor
rison and Hinton James residence halls.
The BCC held the event because of
ay d
Student Congress member
Bibbs also cited a 1983 student su
preme court case he said was a prece-
dent for a ruling on behalf of the de
fense.
The validity of a 1983 student fee
referendum was deliberated by the
court, but members decided the com
plaint against the referendum was
motivated by dissatisfaction with the
vote. "They determined the court
wouldn't be an avenue for this," Bibbs
said.
Smith testified that the six-day no
Li
(SUDC:
demic affairs under the supervision
of a permanently tenured faculty
member. "The basic aim of this was
to separate academics from the con
trol of coaches or athletic sponsors,"
Becker said.
All booster clubs fund-raising
efforts would be placed under the
supervision of the school's main fund
raising official, and an annual report
of the clubs' finances would be sub
mitted to the faculty.
Steps would be taken to curb
abuses of the grade "incomplete"
which is given on a temporary basis
to students who have not finished
course work. Incompletes have been
given to athletes instead of failing
grades, allowing them to continue
participating in a sport. The sugges
tionwas that it had been used as a way
of getting students through grade
deadlines," Becker said.
Forty members attended the N.C.
AAUP conference. About 700 pro
fessors at public and private institu
tions statewide are members of the
N.C. AAUP.
crawl out of the woodwork for Halloween
the group's commitment to serve, said
Rodney Harris, Alpha Phi Alpha vice
president and BCC service project
chairman. Each year the fraternity does
service projects at Halloween, Thanks
giving and Christmas, he said.
"We try to be positive role models.
By bringing (the children) on campus,
it gives them a pleasant college experi
ence," said Keith Bolton, a senior from
Nashville, Tenn.
Afterwards the children agreed that
the candy was the best part about Hal
loween. "I love the candy," said Marcus
Towne, 7.
Eight-year-old Anthony Page and
the rest of the children agreed.
While the younger children were at
home counting their candy, students
headed out dressed up in all sorts of
costumes. Even Silent Sam got into the
Halloween spirit, donning a "Batman"
logo for the special occasion.
"It's packed downtown," Craig Reed,
manager at Four Corners, said Tuesday
night. "It's like a street-type fair, with
everybody dressed up. It's a lot of fun."
David Kitzmiller, an employee at
Franklin Street Bar and Grill, described
Halloween on Franklin Street as "a
potpourri of very sick people who have
yet to grow up."
As Sarah Talbot, a sophomore from
Charlotte, said, "(Halloween) is just a
different excuse for a party." Other
See SPOOKS, page 7
P- P i ) o I; r 1 P -7
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Tom Elliott (front, second from
tice was given in the form of a public
notice on the Elections Board office
door Oct. 4, the same day the congress
Rules and Judiciary Committee passed
the referendum on to the full congress
for consideration.
But Beall said this was invalid be
cause notice was given before congress
had approved the referendum. "A ref
erendum does not become a referen
dum until it is voted on before con
gress." Bibbs told the court that the student
SETA members propose
document 'clearing house
By MYRON B. PITTS
Staff Writer
Two members of animal rights
groups met last week with Susan Ehring
haus, assistant to the chancellor, to
discuss a proposed subcommittee to
the University's Institutional Animal
Care and Use Committee (IACUC).
The group had to go through Ehring
haus because a lawsuit filed against the
University by UNC's Students for the
Ethical Treatment of Animals (SETA)
had restricted its access to animal re
search documents at UNC.
The proposed committee would act
as a "clearing house," handling animal
research documents and presenting
them to the public, said Chris Brannon,
SETA president.
Brannon and Andrew Peterson,
SETA member and a member of the
national group People for the Ethical
Treatment of Animals (PETA), saw
animal research protocols that SETA
had had access to in order to find out the
names of researchers associated with
, the documents.
SETA filed a lawsuit against the
IACUC in early October requesting the
disclosure of nine lab animal research
Mark Shelburne gets into the
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right) testifies Tuesday night at
government code did not make this
distinction. He said articles printed in
the DTH also provided students with
information about the referendum.
Bibbs argued that the majority of
congress members were aware of and
attended the Oct. 8 special meeting,
although on-campus congress mem
bers because they received word
through campus mail did not receive
written notification of the schedule until
after the meeting.
"The method of informing congress
protocols that are withheld from the
public.
Because of the suit, Brannon and
Peterson had to get special permission
to see the records, even though the
documents are not part of the suit, Pe
terson said. Ehringhaus confirmed this
Tuesday, but would not comment on
the meeting.
Peterson added, "The University
claims that because we are in litigation
with them we can not have access to the
public documents we have seen before
(without going through Ehringhaus)."
Brannon said the University became
more difficult to work with after SETA
filed the lawsuit. "Her (Ehringhaus')
analogy was we threw a big rock in the
pond, and now we have to deal with the
ripples. Everything has to go through
her in writing. I don't think that was
fair.
"We tried doing this last year (but)
they refused to listen to us."
Peterson said he and Brannon also
had discussed with Ehringhaus a pro
posal that would require researchers to
phase out the use of animals in research
in 20 to 25 years.
"We want to create a proposal which
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spirit with Laura Wilkerson at
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DTHSchuyler Brown
the Supreme Court hearing
members may seem trivial, but it is
important," Beall said.
John Lomax, speaker pro tempore of
congress, testified that he was one of
the congress members who did not
receive written notice of the Oct. 8
meeting until after it had occurred, al
though he was aware the meeting would
take place. ;T
Lomax said that because he did not
receive written notice until the day after
the meeting, he did not feel obligated to
break a previous engagement to attend.
Susan Ehringhaus told me that I would
be able to present to the directors of
animal research at UNC," Peterson said.
"We want student researchers to talk to
us, but not with the intention of elimi
nating their jobs or positions."
The groups would talk to research
students to discuss the technical as
pects of research, he said.
Brannon said the IACUC was re
sponsible for trying to find alternatives
to using lab animals.
"In their mandate it says they en
courage their (alternatives') use when
ever possible. We want the University
to take the position that alternatives are
better. She (Ehringhaus) didn't take
that position."
The SETA lawsuit, filed in Wake
County Superior Court, will be handled
by Douglas Ruley of the Raleigh firm
Tharrington, Smith and Hargrove.
"We believe SETA's position is
justified by the law," Ruley said. "The
burden is going to be on the state to
show that these documents are not
required to be produced under public
law."
See SETA, page 7
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