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At CGC hearing tonight
Legal service limits to be opposed
By MEREDITH CREWS
Staff Writer
The Campus Governing Council (CGC) wilt hear arguments
tonight supporting the removal of a CGC resolution that prevents
UNCs Student Legal Services (SLS) from handling suits filed
against the University by students or student organizations.
Removal of the resolution was made possible by a 1976 U.S.
Fourth Circuit Court pf Appeals decision that ruled against the
University of Maryland's (UM) Board of Regents and UM President
Wilson Elkins.
University officials withdrew funding for UM's legal service after
the service filed suit against the school. The appeals court found the
withdrawal of funds to be unconstitutional under the First
Amendment.
The First Amendment guarantees citizens the right to seek legal
counsel and to have access to the courts.
UNC student Shelley Droescher, who will argue for removal of the
resolution, said students needed to have a way to sue the University.
"Up to now, student organizations wishing to sue the University
had to go to the North Carolina Attorney General's office, which
hasn't done anything before," Droescher said. "No student is able to
argue with the University because they can't afford to hire a lawyer."
N.C. Deputy Attorney General Andrew Vanore said he was not
certain what other implications of the ruling might be.
"I have heard of the Maryland case, but 1 am not familiar enough
with the case to comment on possible implications," Vanore said. "I'll
have to wait and see what action is taken by UNCs governing
council."
SLS attorney Dorothy Bernhol said she was hired with full
knowledge that a CGC resolution prevented the SLS from suing the
University.
. "I am an employee of the students and I do their will," Bcrnholl.
said. "If the CGC passes a resolution giving me the right to sue the
University, then I could sue the University."
But Bernholz said she did not have time to handle such cases.
"I will recommend (to the CGC) that they be willing to fund it and
that they hire an additional attorney, as my case load would be
doubled," she said. "I have a full case load just handling cases dealing
with students and landlords.
"I can't incorporate this unless they appropriate funds for a second
attorney. It would take another attorney to handle cases dealing with
housing contracts, tuition, towing and parking fines."
Droescher said benefits could come from the removal of the
resolution, even if no one actually sued the University. .
"It could serve as a watchdog." she said. "II the University knew wc
could sue. they might be more careful."
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Tuesday, November 8, 1977 The Daily Tar Heel 3
Dorothy Bernholz, Student Legal Services attorney, awaits CGQ's decision whether
to give Bernholz the authority to sue the University for student organizations, .
LUSCIOUS NATURAL FOODS SERVED IN A FRIENDLY,
COZY SETTING
CONTINENTAL VEGETARIAN AND SEAFOOD CUISINE
EXOTIC SALADS. SANDWICHES AND OMELETTES
HOMEMADE SOUPS BREADS AND DESSERTS
SMOOTHIES, SHAKES, HERBAL TEAS AND COFFEE
CHOICE SELECTION OF DOMESTIC AND IMPORTED
BEEF! AND WINE
rr I cafe
MON.-SAT.: 11:30-2:30 & 5:30-9:30
452 W. FRANKLIN ST. 967-6731
Campus cops trained in firearm use
You are invited to attend a seminar
at the
Carolina Inn
Chapel Hill, North Carolina
on Wednesday, the ninth of November
at seven-thirty in the evening
"Investing for Tax Free Income'
will be the topic of discussion
Merrill Lynch, Pierce, Tenner & Smith, Inc.
Raleigh, North Carolina
R.S.V.P. 1-800-662-7320
Beth Margolis
Carol Smith
Refreshments
will be served
Continued from page 1 .
target with a chance to hurt someone else,"
Giles said. "Don't draw your weapon unless
you are prepared to tire. Don't fire unless
you are prepared to kill."
Police officers have to be prepared to
shoot at all times, Mauer said. Police officers
who answered an armed robbery call at
Hint on James Dorm in December 1 975 were
ready for anything, he said. But the two
suspects escaped before University Police
officers arrived.
O'Daniel said he believes University
Police officers only need weapons in cases
involving suspects not connected with the
University.
"1 don't think we would ever need
weapons to control the students," O'Daniel
Employee charged
with Stores theft
University Police arrested a Durham man
Friday and charged him with theft ol state money,
Lt. Charlie Mauer said.
Johnny Moore of 419 Mineral Springs Road,
Durham, was arrested after $15 was discovered
missing from a cash drawer at the UNC Student
Stores.
Moore, 39, is a UNC student and employee of
Student Stores. His trial is scheduled for Nov. 15
in Orange County District Court in Chapel Hill.
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said. "If it were just the students on campus,
we probably wouldn't be needed at all, with
or without guns."
Handguns are not the only weapons
University Police officers carry. Some
officers who walk a beat at night carry 18
inch long night sticks.
"The officers felt they needed something
for their own protection that wasn't lethal,"
said Ted Marvin, director of the Department
of Security Services. Officers patroling in
squad cars also carry night sticks.
Police officers are not as hesitant to use
night sticks as they are to draw their guns,
Williams said.
"People figure they can push him (the
police officer) farther when he's just got his
gun." Williams said. "It's a little different
fees
when a potential troublemaker sees you can
wrap a night stick around him."
Mars in said University officers are not
allowed to carry their weapons while off
duty. Hut most officers carry their weapons
to and from work and store them at home
during oil-duty hours.
"Even though they (University Police
officers) are commissioned through the
Chapel Hill Police Department, wc feel they
arc private citiens when they're off
campus," Marvin said.
Marvin said University Police do not
stockpile weapons like chemical pellets or
riot gear, tf an emergency situation arose
and such equipment was needed on campus,
Chapel Hill Police would be called.
Continued Irom page 1
organizations that affect in some way every
student on campus." the fact sheet states.
Among these groups are Student legal
Services, the Carolina Course Review, the
Carolina Symposium, the Graduate and
Professional Student Federation, the
Yaikeiy Yack. WXYC and the Orientation
Commission.
Student Government will circulate the fact
sheet and leaflets supporting the fee increase
around campus during the week.
"This is one of the most important issues
the students will have a direct voice in this
semester." Moss said Monday. "The money
students pay in activities Ices goes to over 30
organizations that affect this campus in a
very positive way. from the Daily Tar vto
the Carolina Course Review."
Moss said most of the efforts toward
supporting the referendum were
concentrated on residence hall students, and
off-campus students would have to be
reached through the newspaper.
This is the second attempt in two years to
increase student fees. Last year under
Student Body President Billy Richardson, a
fee referendum was defeated soundly by a
student vote.
TONIGHT'S TOPIC: ;
Assistant Basketball Coach Eddie Fogler talks about the upcoming
season in the A.C.C. complete with previous game film clips.
Time: 7:00 p.m. Place: Craige Green Room Refreshments Served
Off-year elections
for major offices
in several states
By United Press Internilioml
Listed below are some of the major off
year elections around the nation today:
New Jersey Governor Brendan Byrne,
Democrat, is staging an effective come-from-bchind
campaign for a second term
against veteran Republican State Sen. Ray
Bateman.
Virginia The battle for governor is too
close to call, but Republican Lt. Gov. John
Dalton holds a slim lead in the polls over
Democrat Henry Howell.
New York City Rep. Edward Koch,
Democrat, is favored to be elected mayor,
but Secretary of State Mario Cuomo,
running as a Liberal, is staging a late rally.
Detroit Mayor Coleman Young, the
city's first black leader, is favored heavily for
a second term.
news briefs
Students' rights heard
WASHING ION - A medical school
student is entitled to a hearing before being
dismissed and thus stigmatized in seeking
employment in the field of medicine, a
Kansas City lawyer told the Supreme Court
Monday.
"If the school slams the door... it is
foreclosure of employment opportunities,"
said the attorney. Arthur Benson.
The case, involving the dismissal of
Charlotte Horowitz, from the University of
Missouri's medical school in Kansas City, is
one of several before the court this term
dealing w it h rights of university students.
It will be decided by written opinion later
this term.
Justice William Rehnquist asked Benson
w hether his reasoning wouldn't carry over to
the "flunking out" of any student from
college or even high school.
Benson said that might well be, but that in
many situations hearings can be informal
and might consist of no more than a chat
with the dean. Many educational institutions
follow this custom, he said.
Miss Horowitz was dismissed on grounds
of deficiencies in clinical competence, peer
and patient relations, personal hygiene and
ability to accept criticism.
One of the problems cited was her failure
to wear a clean white coat.
She had been admitted to the school with
advanced standing, since she held degrees
elsewhere.
Carter postpones trip
WASHINGTON - The State
Department announced Monday that
President Carter has postponed the nine
nation trip he was scheduled to start Nov. 22,
hut hopes to make the journey in December
or' January instead.
The reason given for the delay was
Carter's desire to remain in Washington
until Congress completes work on his energy
package, a job it is not likely to finish for
several weeks.
Take a break
and redecorate!
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