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Serving the students and the University community since 1893
Volume 97, Issue 87
Thursday, November 9, 1989
Chapel Hill, North Carolina
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By WILL SPEARS
Assistant University Editor
Ehringhaus Field and Whitehead
Residence Hall are among areas being
discussed as possible sites for a new
building to house the School of Busi
ness Administration. But members of
student government said Wednesday
they oppose those sites.
"I am opposed to the E-haus Field
site and am not receptive to the
Whitehead site either," Student Body
President Brien Lewis said.
Charles Merritt, student government
BOG expected to weigh
Spain
By JENNIFER PILLA
Staff Writer
The Board of Governors (BOG)
Friday will hold its first meeting since
UNC-system President CD. Spangler's
statement last week that he made errors
in his investigation of the N.C. State
University (NCSU) basketball program.
: There has been much speculation
that Spangler's job performance will
be discussed at the meeting.
Spangler admitted that he believed
his investigation of the NCSU basket
ball program should have been dealt
with more rapidly and that the commis
sion report should have been made more
accessible to board members.
Spangler said Wednesday he had
talked to several board members since
the announcement.
"I've been gratified with the support
shown to me by most of the members of
the board. It is unfortunate that two or
three do not agree with the actions
taken in the investigation. I'll have to
try to meet with their expectations as
well as try to continue to meet the
expectations of the other members."
William Johnson, a board member
who has been openly critical of Span
gler, said he was pleased that Spangler
McCCioIey wins. appeal on
By MIKE SUTTON
Staff Writer
The Graduate Student Court convic
tion of student activist Dale McKinley
was sent back to the court for a new
hearing by the University Hearings
Board Wednesday after panel mem
bers ruled that his right to a fair and
impartial hearing had been violated.
McKinley, a doctoral student in
political science, was found guilty Oct.
1 8 of trespassing and willfully obstruct
ing University operations during an
April 1988 anti-CIA protest in Hanes
Hall. He appealed the conviction after
Meeting to reschedule University police officer's
By CHRIS HELMS
Staff Writer
University police Officer Keith
Edwards' administrative grievance
hearing will be rescheduled at a Nov.
14 meeting with the University's de
fense attorney and the administrative
trial judge, according to Lars Nance,
the University's defense attorney.
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campus affairs director, is heading ef
forts to discourage administrators from
considering those sites. He met with
Provost Dennis O'Conner Tuesday to
discuss problems students may have
with the Ehringhaus Field and
Whitehead sites, he said. O'Conner was
receptive to his ideas and understands
the concerns students may have, Mer
ritt said.
University-owned land near Horace
Williams Airport and other sites are
being considered, but Ehringhaus Field,
Whitehead and the area south of Kenan
leir's pertormamice
had admitted to some mistakes, but
added that future actions taken by
Spangler would be the only way to
ensure his performance would improve.
Johnson, along with board member
Walter Davis, called for Spangler's
resignation last month after claiming
the president had proceeded too slowly
with the investigation and failed to
communicate adequately with the board
about it. John Jordan, a board member
from Raleigh, also expressed his dis
satisfaction with Spangler.
BOG member Ruth Dial Woods
defended Spangler in a telephone inter
view Wednesday. "I think all of us have
made an error in judgment from time to
time."
Also at the meeting, Student Con
gress Speaker Gene Davis, president of
the UNC-system Association of Stu
dent Governments, will make a presen
tation to the board. Davis said he hoped
a report by the ASG president would be
a regular feature of BOG meetings.
"It's been a very long time since a
student has spoken before the BOG.
I'm hoping this will lead to an opportu
nity to speak with them every month."
Davis said his report would include
learning that the sentence imposed by
the court, definite probation, would
prohibit him from teaching at the Uni
versity. He said the five-person Hearings
Board, composed of one staff member,
two faculty members and two students,
found that his right to a fair and impar
tial hearing had been compromised
because:
The Board of Trustees (BOT) re
leased a resolution denouncing the
protesters as "terrorists" who should be
"expelled" from the University, preju
dicing the student court process be
The hearing which began last
Thursday and continued Friday is
now delayed because of scheduling
conflicts. Judge Delores Nesnow is out
of town this week, and Nance has con
flicts early next week.
Alan McSurely, Edwards attorney,
said he expected the hearing to resume
after Thanksgiving, with a ruling be
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Center are the only three being actively
discussed, said Building and Grounds
Committee Chairman John Sanders.
But before a site is selected, the
committee must recommend an archi
tect to Chancellor Paul Hardin in time
for the Board of Trustees to consider it
at its Dec. 17 meeting, Sanders said.
The architect will work with business
school administrators and faculty
members to select the building's site,
he said.
O'Conner said that it was hard to
determine when the building's con
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CD. Spangler
information about current important
issues at each of the campuses. "The
governors are selected in order to chart
a course for public higher education in
North Carolina. They should under
stand the concerns of the students as
they make their decisions."
cause the BOT is the final arbiter in the
University appeals process;
A Feb. 29, 1988, letter from Dean
of Students Frederic Schroeder to for
mer Graduate Student Attorney Gen
eral Stephen O'Brien indicated that the
BOT resolution was the impetus be
hind the investigation and prosecution
of the case; and
Members of the Graduate Student
Court had not been adequately informed
that McKinley's sentence, definite
probation, would prevent him from
teaching.
"This whole thing, calling us terror
fore Christmas.
The two attorneys differ over the
effects of the delay. Nance said, "I
don't think it'll benefit either party."
McSurely said the wait would have
positive and negative effects for both
sides. Although the delay will give the
University time to prepare for the cross
examinations of Edward's witnesses,
Anonymous testing
By CAMERON TEW
Staff Writer
Anonymous testing for HIV, the virus
that causes acquired immune deficiency
syndrome (AIDS), may be discontin
ued in Chapel Hill when a new amend
ment to the state's Communicable
Diseases Act goes into effect in Febru
ary. The Commission for Health Serv
ices, an independent group appointed
by the governor and state medical soci
ety, will decide today on regulations
state Health Director Ronald Levine
proposed in response to the new law.
The law requires physicians to report
the names and addresses of AIDS car
riers to state health officials.
The proposal allows for the report
ing of test results, but between nine and
15 sites throughout the state would be
allowed to continue anonymous testing
if approved by the commission.
John Reinhold, clinical social worker
for Student Health Service (SHS), said
confidential and anonymous testing
would continue there until February.
"We don't know if Student Health
will be included as one of the anony
mous sites, so we will be deciding by
February how we will continue testing
struction would begin, but that it would
be at least a year from now. "(It will be)
when we get the money for it."
The building will cost about $25
million, said William Perreault, associ
ate dean for academic affairs in the
business school. The building will be
190,000 square feet and will occupy an
acre of land, Sanders said.
Whitehead residents said Wednes
day they were upset that their residence
hall was being considered for the
building's site.
"I like my residence hall," Carrie
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Carol Swanberg of the University of Pittsburgh
business school talks with Brian McBroom of
honor court conviction
ists and asking for us to be expelled and
disciplinary action taken, and this letter
from Schroeder constituted a very un
fair, biased process," McKinley said.
In an interview after the closed hear
ing, McKinley said the Hearings Board
deliberated for about an hour after he
and Graduate Student Attorney Gen
eral Todd Harrell presented their op
posing arguments, then summoned
Schroeder to testify at the proceedings.
"He (Schroeder) basically admitted
right there that the impetus for the whole
thing was the Board of Trustees resolu
tion," McKinley said. "The nature of
the recent reassignment of former public
safety director Robert Sherman will
allow the witnesses to speak out,
McSurely said.
'This delay will help with our wit
nesses with them being more comfort
able about their testimony," Edwards
said. "They won't feel that pressure
from Robert Sherman anymore."
and counseling."
Reinhold said the majority of cases
SHS received were anonymous. These
patients receive code numbers that are
used throughout the testing process in
place of names.
"We may be fortunate and be one of
the sites, but we are not counting on it
since we do such a small number of
tests compared to other sites. But we
would be able to tell students where the
sites are if they wanted this service."
Brinkley Sugg, HIV counselor for
the Orange County Health Department,
said he was not sure how the proposal
would affect testing and counseling in
Orange County.
The Orange County Health Depart
ment offers anonymous testing, as well
as confidential testing, at its Carrboro
and Hillsborough sites. The service is
offered at no cost to the public.
Sugg said he told people they could
have confidential testing, which opened
an official medical record with the
patient's name, social security number
and address, or anonymous testing,
which involved no medical record.
David Jones of the N.C. AIDS Serv
ice Coalition, a support group for AIDS
patients, said many people at risk would
They Say. Douglas Malloch
Clark, a freshman from Jamestown,
said. "I like our location; it's very close
to everything. It upsets me because I
planned on living here another year or
two."
Mandy Brame, a freshman from
North Wilkesboro, said she would also
be upset if Whitehead were chosen as
the building's site. "I like it here; I think
it's a good place to live."
Ehringhaus Field is important to
students because it is one of the few
recreational areas students can use at
any time, Merritt said.
the BOT resolution was very biased,
very unfair, very inflammatory."
Members of the Graduate Student
Court who convicted him were also'
unaware that the terms of his probation
would bar him from teaching, McKin
ley said. The Code of Student Conduct
does not specifically mention teaching
restrictions, he noted, adding that Har
rell and Jeff Cannon, judicial programs
officer and assistant dean of students,
had only provided a document inform
ing him and the court members of the
ban after the hearing was over.
Cannon, who advised the appeals
Sherman was director of public safety
during a 1987 reorganization of the
University police that prompted Ed
wards to charge the University with
discrimination, beginning the grievance
procedure.
Chancellor Paul Hardin announced
last Friday that Sherman would be
reassigned.
for AIDS
refuse testing for fear of losing their
jobs, being evicted from their homes or
losing health insurance.
"We will continue to need anony
mous testing in this state until we have
an anti-discrimination law that protects
everybody," Jones said.
Levine said his proposal was an ef
fort to respond to legislative mandate,
while also addressing fears of discrimi
nation. "If it is made reportable, our testing
system will collapse," Jones said.
"However, the proposed dual system is
better than no anonymous testing at
all."
Jones said testing had declined in
states that required reporting the
patient's name and address. "People
have more trust in the system if you
don't threaten them with a club."
Jones said some physicians opposed
anonymous testing because it did not
allow for effective partner notification.
Partner notification involves the pa
tient or doctor notifying needle part
ners and spouses of the patient's ill
ness. Jones said mandatory notification
in Colorado had not been as effective as
North Carolina's voluntary notifica
"It (selection of Ehringhaus Field as
the site) would be very objectionable to
students. It's the only free space for
students on campus. We'd be losing
free play and green space."
The business school needs the new
building because it is quickly running
out of space for its students and faculty,
Perreault said.
"The Carroll Hall addition built in
1970 was meant to accommodate one
half the faculty and one-third the stu
dents we have now. We're bumping
into space constraints."
DTHDavid Surowiecki
Burlington Wednesday afternoon at the Gradu
ateMBA School Exploration day in Great Hall.
board on procedural questions during
the hearing but did not vote, declined to
comment on the proceedings, citing
concerns over confidentiality.
McKinley said the hearings board
only had the power either to affirm the
finding of the honor court or to call for
a new hearing, but it could not com
pletely overturn his conviction and find
him innocent. He said Hearings Board
chairwoman Laura Thomas, of the
office of the vice chancellor for student
affairs, had asked Associate Vice
See Mckinley, page 2
hearing
Hopes for an out-of-court settlement
broke down Thursday after Edwards
rejected a University offer that would
have given her almost $50,000 and an
unpaid position helping revamp the
grievance procedure and training pro
gram of the University police. Edwards
See HEARING, page 3
may end
tion system.
"In the first 10 months we tested and
notified as many patients as Colorado
had in its first two years. So the doctors
who believe this are wrong."
Forum relations
Panel to discuss UNC's rela
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A sordid slice of life
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Inside