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Serving the students and the University community since 1893
Volume 97, Issue 73
Thursday, October 19, 1989
Chapel Hill, North Carolina
NewsSportsArts 962-0245
BusinessAdvertising 962-1163
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By BILL TAGGART
Staff Writer
; UNC-system President CD. Span
gler answered Chancellor Paul Hardin's
proposals for more UNC-CH financial
autonomy with a mixture of support
ami disagreement in a speech to the
Board of Governors in Fayetteville last
Friday.
; rVI thought the speech was generally
receptive to what Chancellor Hardin
has had to say," BOG member Philip
Crson said Wednesday. "It was a
positive speech, and I think President
Spangler was intending on it being
positive."
: :Carson said he didn't think the tone
oft Spangler's speech was confronta
tional. ', ' Neither Spangler nor Hardin was
available for comment Wednesday.
! ' Dennis O'Connor, UNC-CH provost
NCAA seeks- chamiges
By MARK ANDERSON
Staff Writer
; .In an attempt to limit the demands on
college athletes' time, the NCAA's
Presidents' Commission has recom
mended measures including shorten
ing the basketball season by a month
and virtually eliminating spring foot
ball practice.
' In addition, the presidents approved
recommendations to publish athlete
graduation rates and to allow athletes
who did not meet the academic require
ments of Proposition 48 to receive non
athletic aid based on need.
UNC athletic officials praised the
presidents motives, but questioned
some of their methods.
"Their intent and what they are trying
to accomplish is laudable," said UNC
Athletic Director John Swofford. "We
ress .association
By SANDY WALL
Staff Writer
Attorneys with the N.C. Press Asso
ciation are charging that the chairman
of the special commission that investi
gated possible wrongdoing in the N.C.
State University athletic department is
in violation of the state's Open Records
Law.
Signature seeking
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Senior Kaarin Tisue, a member of Amnesty Inter
' national, recruits a signature from senior Laurel
weirs Hamuli
and vice chancellor for academic af
fairs, agreed there were some points of
agreement between Spangler and Har
din. "I think that some of President
Spangler's comments were indeed very
helpful."
He specifically mentioned
Spangler's proposals on purchasing
regulations and the use of overhead
receipts as "consistent with the
chancellor's ideas."
Spangler said a larger portion of
overhead receipts, indirect costs in
volved with research projects, should
be available to the University. "Cur
rently 30 percent of these receipts are
included in institutional academic
budgets as offsets to state appropria
tions," he said in his speech.
The president also recommended
See SPANGLER, page 6
need to think through if these (recom
mendations) are the ideal ones. I think
there will be amendments and I don't
think these will be the only ones con
sidered." Swofford cited three major reasons
for the direction of this year's commis
sion. "We are concerned with the time
committed to sports compared to aca
demics. Also, our national surveys show
that athletes don't have much time for
campus life. There is also a desire to
move sports into one semester."
The members of the National Colle
giate Athletic Association will vote on
the measures at their annual conven
tion in January, and approved recom
mendations could go into effect by 1 990.
Martin Massengale, . chancellor of
the University of Nebraska and chair
Samuel Poole, who chaired the Poole
Commission, has violated the N.C.
Open Records Law by refusing to re
lease a draft report containing the
commission's findings, said Catherine
White, a lawyer for the N.C. Press
Association.
Poole said his copy of the draft re
port was the last surviving copy of the
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Davis Wednesday afternoon in the Union. The
group works to free prisoners of conscience.
The reward of a thing
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CD. Spangler
man of the Presidents' Commission,
said he expected the measures to pass
because he felt the members were more
unified than last year.
One of the dividing factors in 1988
was Proposition 42, and criticism be
came so intense that the commission
readdressed the issue this year. Origi
nally, Prop 42 was passed to deny aid to
recruited athletes who failed to meet
the academic requirements of 1983's
Prop 48.
Under this rule, incoming freshmen
must earn a 2.0 high school grade point
average, both cumulatively and in core
courses, and score more than 15 on the
ACT or 800 on the SAT. The presi
dents' compromise will allow these
athletes to receive non-athletic aid based
on need.
"I support it because it puts athletes
1
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calls for release of
document. The N.C. Press Association
contends that Poole must release his
copy of the report in order to comply
with the law.
"It is a document prepared with publ ic
funds involving a public institution,"
White said in a telephone interview. "If
we paid for it, we ought to be able to see
what it says."
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By JEFF HILL
Staff Writer
The Graduate Student Court's
decision to put Dale McKinley on
definite probation signals that dis
senting views will no longer be ac
ceptable at UNC, the student activist
said Wednesday.
"I think that people, students in
general, should realize from this
procedure I mean Jerry (Jones)'s
trial, my trial, the whole procedure
that if they are politically active that
they are in danger, if they speak out
on this campus, of facing honor court
charges themselves."
McKinley said this decision could
discourage people from expressing
themselves on campus.
"Everybody has been punished
because of expressing their con
Sim athletic schedyDes
in the same situation as non-athletes,"
Swofford said. "Otherwise, they are
being penalized for being athletes."
UNC head basketball coach Dean
Smith has been a vocal critic of the
measure to push the opening day of
basketball practice from Oct. 1 5 to Nov.
1 5 and to delay the first game until Dec.
20.
"The report took me by surprise. I
think politically they felt they had to
say something. I don't have any idea
what this will accomplish."
Smith called the commission hypo
critical for reducing the season's length
while only reducing the number of
games from 28 to 25, with the confer
ence tournaments counting as one game
and the NCAA tournament being an
exception..
"All it does is jam up more games
B ut Poole, vice chairman of the UNC
Board of Governors and an attorney,
argues that the report is not a public
record and is exempt from the Open
Records Law.
The report was only a draft and
contained notes and personal references,
Poole said in a telephone interview
from Washington, D.C.
"It's a draft I made of notes. Every
thing that's in the draft document was
in the president's (Spangler's) report."
Poole said the four-member com
mission never adopted the document as
its official findings.
The report also contains references
to personnel matters and to individual
students records, which are always
exempt from disclosure, he said. If the
report were disclosed, these individu
als' right to privacy would be violated.
Student records are exempt from
release under the Federal Family Edu
cation Rights and Privacy Act.
But White disagreed with Poole's
reasoning. "Whether it's a draft or not
Quake shakes students' lives
From staff and wire reports
Although Northern California's
devastating earthquake was 3,000 miles
away, at least two UNC students felt its
effects.
Laura Snideman, a junior history
major from Menlo Park, Calif., heard
from her family late Tuesday night.
"My family and my house are OK. It
was a long night though." Menlo Park
is near Stanford between San Jose and
San Francisco, two areas severely
damaged by the quake. "It's amazing ...
we were really lucky."
Damage in Snideman's neighbor
hood was evident in cracks in roads and
sidewalks and water that had been
shaken out of swimming pools "But
there weren't any buildings falling
down."
Bret Cohn, a senior economics and
anthropology major from Marin
County, Calif., a few miles north of San
Francisco, was unsuccessful in his at
tempts to reach his parents Tuesday
night and Wednesday, but his sister did
hear from them, and she said they were
safe.
At least 270 people are feared dead,
with 250 believed killed in Oakland
when the upper level of Interstate 880
collapsed on the lower level. About
1,400 people were injured.
"It was like bumper cars," said Cathy
Miranker, who was driving on an ele-
have done it.
science, and that creates an environ
ment that is not very conducive to people
speaking out on this University's cam
pus." Attempts to reach University offi
cials for comment on McKinley's
charges were unsuccessful Wednesday.
The Graduate Student Court chairman
and the graduate attorney general could
not be reached for comment.
Joey Templeton, a CIA Action
Committee (CI A AC) member, said
group members would have to think
more about the possible consequences
of their actions in the future.
"But I don't think that is going to
stop us. We still believe as strongly,
and we still take the stand that what we
did we would do again, and we are
See McKINLEY, page 6
into January and February. That means
three games a week instead of two, and
all of them can't be home games.
"If they're serious, they should spread
out the season and play only on week
ends, or eliminate the NCAA tourna
ment," Smith said.
Smith and Swofford also said they
felt the reduction would have financial
ramifications for the non-revenue
sports.
"We have to be practical because
basketball helps pay for the non-revenue
sports," Swofford said. "We'll play
less games on the road to protect our
revenue base, but not all schools can do
that. We also have to remember that if
the right thing to do causes problems,
we need to adjust."
Swofford said a national meeting of
athletic directors recommended that
NoC State report
doesn't make any difference. He's
looking for reasons not to turn it over.
I think the Public Records Law has not
been complied with."
White said Poole could delete indi
viduals' names and thereby protect their
identity and privacy.
Poole said there would be no way to
delete the names of individuals, and
even if he did, their identities would be
obvious. The possibility of their being
identified is too great to release the
report, he said.
Poole said his commission's sole
duty was to report its findings to UNC
system President CD. Spangler, and
because it had done so orally, it had
fulfilled its reporting obligations.
He added if he were to turn in the
written document to Spangler, it would
then automatically become a public
record and would have to be released.
But since Poole retained ownership of
the document, it was not public.
Poole also said he would not inten
tionally break the law and in fact con
More coverage 6
vated section of highway. "It literally
started to buckle, bend and bounce.
Cars were bounced into the air on the
roadway. Cars tried to stop, but the
motion kept them running even if you
slammed on the brakes."
Oakland Mayor Lionel Wilson said:
"We have made an exhaustive search to
make sure no people are still alive. To
the best of our knowledge now, there
are not any people still alive on this
freeway."
Cars slammed into each other and
into guardrails and stopped. One woman
rolled down her window and asked if
she had car problems.
"I said, 'No, it's not your car, it's an
earthquake.'"
Hundreds of aftershocks, including
one registering 4.5 on the Richter scale,
were recorded Wednesday. The earth
quake hit at 5:04 p.m. PDT Tuesday,
and lasted 15 seconds. It registered 6.9
on the Richter scale, and was centered
on the San Andreas Fault 10 miles
northeast of Santa Cruz and 50 miles
. southeast of San Francisco. It affected
seven Northern California counties.
Lt. Gov. Leo McCarthy estimated
overall damage around $1 billion.
Hundreds of buildings along 100
miles of the San Andreas Fault were
either heavily damaged or destroyed.
Ralph Waldo Emerson
oew
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Dale McKinley
practice begin on Nov. 1 and games on
Dec. 1 , with a 27-game schedule that
would have no exceptions.
The proposal to publish athletes'
graduation rates for all sports is in re
sponse to a federal bill proposed by
Sen. Bill Bradley, D-N.J., and Rep.
Major Owen, D-N.Y.
"The NCAA should do this because
if the federal government has to step in,
it says that the NCAA hasn't done it's
job," Swofford said. "It should be made
available to potential recruits so they
can make an appropriate decision."
Some presidents objected to the
commission's proposal to break down
the graduation rates in football and
basketball by race and ethnic minority.
Massengale said that there was a
See NCAA, page 10
sulted with state officials before decid
ing not to release the report.
"I have consulted the Attorney
General's office," he said, adding that
he had been advised he was not in
violation of the law and that the report
was exempt from disclosure under the
law.
Andrew Vanore, an official with the
N.C. Attorney General's office, said
his office did advise Poole that he did
not have to release the report.
"We don't think he is in violation of
the law," Vanore said in a telephone
interview from Raleigh. Vanore also
said Poole's reasons not to release the
report were sound.
Vanore said the question of whether
the state could grant exemptions to
similar reports under the Open Records
Law had never been decided in court.
"This is a case of first impression in
North Carolina. A court has never
addressed the question of whether it
See POOLE, page 4
In Santa Cruz, 75 miles south of Sari
Francisco, 40 buildings collapsed.
"I've felt all the earthquakes since I
lived here, and this was the best one
my best near-death experience," said
Ray Blair, an employee at Velomeister
Cycles, who escaped through the front
door as the building's brick facade
crumbled.
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