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The New Alliance
Party Open Meeting
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a
Serving the students and the University community since 1893
Volume 98, Issue 109
Wednesday, November 28, 1990
Chapel Hill, North Carolina
NewsSports Arts
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Conservative Major
to succeed Thatcher
LONDON John Major, who was
endorsed by Prime Minister Margaret
Thatcher as her successor, was elected
today as leader of the Conservative Party
and he will become prime minister.
Major fell two votes short of the
needed majority, but his opponents
conceded defeat and Conservative Party
officials declared him elected.
Thatcher said she was "thrilled" by
the result.
Major, 47, the Treasury chief, is the
youngest person to be elected prime
minister since the 19th century.
He received 185 votes, two fewer
than required. Former Defense Secretary
Michael Heseltine had 131 votes, and
Foreign Secretary Douglas Hurd had 56
votes.
Hurd also quickly conceded. He said
the party needed to unite, and "John
Major is the right leader for this task."
Within minutes, Cranley Onslow,
chairman of the Conservative Party
committee that supervised the election,
announced that a third ballot was not
required and Major was elected.
U.N. resolves to give
Iraq pullout deadline
' UNITED NATIONS A U.N. Se
curity Council resolution will give Iraq
until Jan. 1 5 to withdraw its troops from
Kuwait or face U.N.-authorized mil itary
action, diplomats said Tuesday.
Secretary of State James Baker and
Soviet Foreign Minister Eduard
Shevardnadze fixed the deadline in the
last 24 hours, said Western diplomats,
speaking on condition of anonymity.
The measure, which will authorize
"all necessary means" to get Iraq out of
Kuwait after that deadline, will be voted
on Thursday.
The date after which a military strike
could begin had been the only unre
solved issue in the draft measure.
Initially, the United .ates had pressed
for a Jan. 1 deadline, but the Soviets
wanted it set at Jan. 3 1 to allow more
time for diplomatic maneuvers.
The measure would call on Iraq to
release all foreign hostages, withdraw
its troops and restore Kuwait's gov
ernment by Jan. 15.
Telescope flaws not
reported, panel says
WASHINGTON Technicians
suspected a problem in the manufacture
of the Hubble Space Telescope's main
mirror but never told anyone and the
$1.5 billion instrument was launched
with a blurred view of the universe,
investigators said Tuesday.
The manufacturer, Perkin-Elmer, did
not assign its best people to the telescope
construction and "there was a surpris
ing lack of participation by optical ex
perts with experience in the manufac
ture of large telescopes," the investiga
tors' final report added.
NASA released the study by a six
member panel headed by Dr. Lew Allen,
director of the space agency's Jet Pro
pulsion Laboratory in Pasadena, Calif.
One flaw the panel found echoed a
finding of the investigators of the 1986
Challenger space shuttle accident. The
Hubble report said the management
structure at Perkin-Elmer raised "a
strong block" against communication
between people doing hands-on work
and higher-level experts.
From Associated Press reports
Pathfinders
Chapel Hill residents to discuss
constructing bicycle path 2
Bedtime
Senior class propositions town
council to hold UNC Bed Race 3
Couch potatoes
Focus on weekly television-watching
habits of students 5
Local 2
Campus and City 3
Focus 5
Sports 6
Classified 8
Opinion 10
1 990 DTH Publishing Corp. All rights reserved.
OMDB
- - -
: I've known what it is to be hungry, but I' ve always went right to
block off NCNB
By JEFFREY D. HILL
Staff Writer
CD. Spangler Jr., UNC-system
president, acquired control of $104
million in stock in the Charlotte-based
NCNB Corp. this month, making him
NCNB's largest shareholder.
Before this month's acquisitions,
Spangler controlled 3.5 percent of
NCNB's stock. He now controls 7.8
percent, or about 8 million shares, of
NCNB stock.
Spangler served on the North Caro
lina National Bank's board of directors
until he became UNC-system president
in 1987. His wife Meredith replaced
Consent to sexual relations
in dating addressed at forum
By CATHY 0BERLE
Staff Writer
University administrators and com
munity officials discussed the misrep
resentations of consent in date rape at
the forum, "Legal Consent: What You
Need to Know to Avoid a Date Rape
Situation," sponsored by Women in Law
Tuesday night.
Pat DeVine of the Chapel Hill ap
pellate defender's office gave guidelines
on how to define consent. How a woman
dresses and acts is not justification for
rape, she said. A woman can change her
mind, and it is irrelevant whether the
couple had sex in the past, she said.
Carl Fox, Orange County district
attorney, said males may expect consent
UNC
State agencies, universities differ in grievance procedures
By BURKE K00NCE
Staff Writer
State employee grievance procedures
at N.C. agencies and other state univer
sities are accepted by employees and
management, said N.C. Office of State
Personnel representative Sam Badgett.
Badgett, manager of the Employee
Service Division, said the state employee
grievance procedure has operated almost
entirely without controversy since its
implementation in 1966.
The UNC procedure is a variant of
the procedure in the N.C. State Personnel
manual, he said. Such adaptations are
not uncommon, but must be approved
by a state personnel committee, he said.
Variations from the prescribed proce
dure are generally approved by the
committee as long as they meet the
Burnt out
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Scott Asby lifts clothing out of a charred drawer for inspection by his
roommate Tim Hoag (left) and neighbor Pat Johnson. A fire started in a
wastebasket in their Carolina Apartment around 1 :30 Tuesday afternoon.
him on the board.
"He (Spangler) is a very astute inves
tor and has had a long-term position in
his shares," said Rusty Page, NCNB
senior vice president and investor rela
tions executive. "His continued invest
ment is a nice reflection on NCNB."
Spangler, a multimillionaire, refused
to comment Tuesday on his acquisition
of NCNB stock. 'That is a private family
activity and is not something I discuss
with anybody," he said.
Page said Spangler's investment
would not give him any control over the
corporation, but that if Spangler made
any suggestions, he would be "warmly
because of a macho-male upbringing.
"The macho-male upbringing is this
thing that says the man is supposed to be
aggressive, that you're supposed to learn
early that you have to defend yourself
and fight," he said.
Men often are taught to think of fe
males as sex objects, and that the role of
the male is to conquer, he said. "It's an
upbringing that says that somehow the
role of the male is to conquer ... and get
what you want. That way, when a woman
says no, no means go," Fox said.
Because of this upbringing, some
men feel that going out on a date is
consent to have sex, he said.
"Nobody owes you anything because
you bought them dinner," Fox said.
policy differs In lawyer repr eseur
intent and purpose of the original proce
dure, he said.
The new proposed grievance policy
at the University differs from the stan
dard state guidelines because lawyers
cannot represent employees during the
early stages of the process. UNC law
Professor Daniel Pollitt said the majority
of employee grievance cases are settled
in the early stages.
Matt Greer, assistant director of
personnel at Appalachian State Uni
versity, said lawyers were permitted to
represent employees at all stages of the
procedure at ASU.
"You can imagine how much that
would drag it out," he said. "But that's
not always bad."
The grievance procedure at ASU is
almost exactly like the procedure pre-
lis
DTHG. Thacker
stores
received."
According to documents filed with
the Securities and Exchange Commis
sion, the Spangler family acquired the
stock through several of its businesses.
A Delaware investment company,
Delcor Inc.,purchased 2.6 million shares
of NCNB stock. Delcor is owned by
Golden Eagle Industries Inc., a Charlotte
investment firm. Spangler and his wife
control 54 percent of Golden Eagle's
stock.
The CD. Spangler Foundation, which
is controlled by the Spangler family.
See SPANGLER, page 9
"Consent means what it says it means. It
means known, it means voluntary, it
means consent not under duress," he
said. "Consent isn't having sexual re
lations out of fear."
DeVine said date rape is different
from the common conception of rape.
"What we're talking about is a whole
new concept of the word rape," she said.
"The law says a rape happens if it is
against a woman's will and if she is
forced; the law requires both."
DeVine said women often come to
her and say that they think they were
raped but were not sure because it did
not fit their perception of rape. What
See FORUM, page 9
scribed by the manual, he said.
Employees filing grievances meet
first with their immediate supervisors,
he said. Then the case goes before the
department head, who turns it over to a
committee representing other staff de
partments if it is deemed necessary. The
committee advises the chancellor, who
makes the final decision, he said.
Only one grievance case at Appala
chian State has gone before the com
mittee in the last two years, he said.
Badgett said 125 cases were pending
among state agencies and universities;
only a small percentage of the 80,000
state employees had filed grievances.
Diane Sortini, employee relations
manager at N.C. State University, said
lawyers were banned from the grievance
procedure at NCSU, but employees
could seek advice from the Employee
Relations Section. The purpose of the
service is not to provide legal counsel,
but to provide policy information to
both sides, she said.
"Our procedure has been well-accepted
by both employees and manage
ment," she said.
Some universities
By LAURA WILLIAMS
Assistant University Editor
University officials from four other
large public universities agree the
grievance process helps to organize the
complaint procedure and usually offers
relief to employees.
UNC's grievance procedure has come
under fire recently because of changes
proposed by University officials. At a
rally Nov. 18 at the Hargraves Com
munity Center, representatives from the
community and the state National As
sociation for the Advancement of Col
ored People spoke out against the Uni
versity because of the number of
grievances that are being filed. Sam
Erving read a list of about 50 employees
who have alleged the University has
discriminated against them.
Chancellor Paul Hardin announced
Nov. 17 that employees could have a
lawyer represent them in the third and
fourth steps of a grievance. Some Uni
versity employees were not satisfied
with the policy change and wanted to be
represented by attorneys in all stages.
The University of Virginia allows
representation in the third stage, like
UNC, while two other schools, the
University of Michigan and the Uni
versity of California at Berkeley, allow
it in the second step. A fourth, the
University of Texas, allows represen
tation at any point in the process.
Employees at these other universities
often choose to file complaints through
other offices such as the Equal Em
(I
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Forward George Lynch skies for two of his 19 points as North Carolina
dunked the Jacksonville Dolphins Tuesday. See story, page 6.
Many more University employees
file grievances than are reported
By SHANNON 0'GRADY
Staff Writer
While the public may only read about
a few grievances filed against the Uni
versity, many more employees are
considering filing or are involved in
grievances.
The following employees' com
plaints and grievances are among about
50 that were announced at a recent
NAACP rally:
B Curtis Rogers, an administrative
assistant in the purchasing department,
has filed a grievance with the University
that is at Step 2. Rogers said he filed the
grievance after he was promoted to
administrative assistant because he was
not given the powers of the position,
only the title.
Jane Tornow, a UNC purchasing
agent, has filed a federal civil suit against
the University because she receives
$5,000 less in pay than two white male
counterparts. No hearing date has been
scheduled.
allow attorneys at
ployment Office or the Affirmative
Action Office.
University of Virginia
"If you don't have many grievances
then something is wrong," said William
Vining, director of employee relations
at the University of Virginia. If em
ployees do not trust the procedure or do
not feel it will help them, then they will
not use it, he said.
It is important that employees
sometimes win in a grievance procedure
so they will think it was a fair process,
he said.
Grievance procedures are good for
both employees and managers, he said.
"It provides an organized approach to
resolve a problem."
Few grievances alleging sexual ha
rassment or racial discrimination go
through the university's grievance
procedure, Vining said. Most employ
ees file those complaints with the Equal
Employment Opportunities office at the
university or state level.
UVa. has a three-step grievance
procedure for non-faculty employees.
Employees are not allowed to be rep
resented by an attorney until they have
met with their supervisor in the first
step, and an upper-level supervisor in
the second step.
At the third step a university vice
president reviews the grievance. The
employee is then allowed to have an
attorney present. The last step within
the university is a panel hearing. The
a restaurant.
DTHG. Thacker
nation
B Sgt. Phyllis Cooper of the Univer
sity police has filed a grievance with the
University. Her grievance is at Step 4.
She would not comment on the nature
of her grievance.
B Keith Edwards, a University po
lice officer, has filed a racial and sexual
discrimination grievance against the
University. The administrative lau
judge at Step 4 ruled in favor of Ed wards,
but the University has appealed the
decision. A $200,000 lawsuit is pend
ing. The state NAACP is negotiating
with Chancellor Paul Hardin about its
possible involvement with Edwards"
case.
B Claudia Crumbley, housing super
visor, is meeting this week with Alan
McSurely, a local lawyer who is han
dling several grievance cases, to discuss
the possibility of filing a grievance. She
claims she has been harassed on the job.
B Bennie Griffin, maintenance su-
See LIST, page 3
all grievance levels
panel includes members chosen by the
employee and university. An adminis
trative law judge also sits on the panel.
Lawyers are kept out of the initial
stages so the problem may be solved
quickly, Vining said. "The policy is
there to bring about a friendly resolu
tion." Having lawyers in the initial stages
of the procedure would slow the pro
cess down because lawyers often want
more time to investigate the problem,
he said.
University of Michigan
Sexual harassment and racial dis
crimination problems at the University
of Michigan are usually handled by a
supervisor and are resolved before they
become a formal grievance, said Gary
Maki, a personnel department repre
sentative. "Very rarely do we get a
grievance like that," he said.
Complaints typically are handled by
the university's affirmative action office,
he said.
A supervisor who uses his position to
harass an employee would lose his job
after an investigation, Maki said.
Many university employees are
unionized, and a union official may
represent them in the second stage of
the grievance procedure.
Michigan's grievance procedure is a
three-step process. The employee first
meets with his immediate supervisor
See GRIEVANCE, page 9
Ring Lardner