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WEATHER TODAY: Rain; high near 70 SATURDAY: Cloudy; high upper 60s PLENTIFUL PRINTING: Student Stores offers new services ..CAMPUS, page 3 WE ARE THE CHAMPIONS?: Teams aim for NCAA crowns ...SPORTS, page 7 ON CAMPUS Mori Rosenblum, Associated Press for eign correspondent, will speak about his experiences at 3 p.m. in 226 Union. TVS' C 1991 DTH Publishing Corp. All rights reserved. Volume 99, Issue 121 rozen By Bonnie Rochman Assistant University Editor The UNC-system president has de cided not to lift a moratorium on a student fee that would fund the a.p.p.l.e.s. program, placing the program's future in jeopardy. CD. Spangler, system president, announced early in October that he would consider allowing each system school to designate one exception to the moratorium. The UNC Board of Gover nors imposed the freeze on student fees in July in an effort to lessen the impact of tuition increases. UNC-CH chose a.p.p.l.e.s. as its ex- Investigation clears SHS counseling ByAmy Eslinger Staff Writer Sexual assault counseling at the Stu dent Health Service is adequate despite complaints from rape victims about the services, the Orange-Chatham district attorney said Thursday. Carl Fox said he talked with SHS officials Tuesday to get a basic under standing of their procedures because he had received three complaints from women treated at the clinic. Fox said he suggested a few minor changes to SHS officials. 'The changes that I suggest they implement in their protocol simply at tempted to allow the victim to deter mine which course of action is pursued and have more direct control over what happens when those initiatives are fol lowed." One of the complainants "had wanted to do something which was not within their written protocol to do," Fox said. "They were just basically attempting to assist her in what she wanted to do, but they did not have a mechanism for follow-up." This breakdown in communication caused the problem, he said. Judith Cowan, SHS director, said she expected a good report from Fox about the service's sexual assault programs. "I think Student Health Service has really done an excellent job." SHS officials try to help rape victims with their immediate problems when they come in for treatment, Co wan said. 'There is a protocol which we fol low," she said. "The most important thing we're trying to do is to help the student get control back in their life and what they wish to do and how they wish to proceed with handling the immediate emotional trauma that that has caused." Communication is good between SHS officials and sexual assault vic tims, she said. "We always inform them that they have the right to go to the criminal court and to the student judicial system and of the procedures for doing that," Cowan said. But rape victims are told they must be the ones to pursue legal options, not SHS officials, she said. "I think (Fox's) only recommenda tion was that if people are talking about any other possibilities that the young woman would like to work out, that it be made clear that she needs to pursue that herself," she said. "If a student says, 'I don't wish to pursue either of those legal options,' then a counselor may talk with them to try to sort out what they do wish to do," she said. "I think Mr. Fox felt it should be made clear that these remain stu dents' options and that Student Health cannot be involved in intervening for them." SHS has followed its present sexual assault counseling procedures since 1983, and counselors have served about 1 IS people since then. Cowan said. Donald Boulton, vice chancellor for student affairs, said he had not expected any problems with the complaints against SHS. "We explained to (Fox) our whole process, and he found our process to be a good one," Boulton said. Fox was looking at the procedures and not investigating problems at SHS, Boulton said. "I think basically it was a matter of sharing information, not looking at somebody doing anything wrong," he said. Let's face it, everyone knows the name of the Friday, November 22, 1991 fees won't be thawed to ception, said Mike Steiner, a student member of the program's personnel board. Allowing peopletoplan learning experiences in service is a program that combines class work with hands-on ser vice projects. "But Spangler decided almost two weeks ago that he would not be able to grant any exceptions," Steiner said. Spangler could not be reached for comment Thursday. Joel Schwartz, director of the Center for Teaching and Learning, said Spangler claimed he had no control over the moratorium. "Spangler claims his hands are tied because it was mandated by the (N.C.) Rainy day planning im Earnhardt, a first-year graduate student a paper for his planning theory class in Chancellor calls for more state support to aid housekeepers By Jennifer Mueller Staff Writer Chancellor Paul Hardin said Thurs day that the University would be unable to help UNC housekeepers win salary increases without state support. "We don't have the money for a better wage structure," Hardin said. The housekeepers are the lowest paid employees at the University with starting wages of less than $6 per hour. They have asked administrators to help them lobby the General Assembly for pay increases. The General Assembly might not approve the designation of more money for housekeepers' wages because of the state's bleak financial picture, Hardin said. "The state is still in terrible finan cial trouble." Hardin said he had talked with UNC's vice chancellor for business and finance about the housekeepers' situation, but he had not discussed the issue with UNC-system administrators. Alan McSurely, a local attorney help ing the housekeepers, said he hoped Hardin would follow through with his plans to back the employees in their fight for higher wages. "It would be an incredible help to have the University put its lobbying resources and considerable political clout behind our movement," he said. Administrators could take several actions to support the housekeepers, such as putting its full-time General Assembly lobbyist to work for their lei Serving the students and the General Assembly that because tuition increased, no additional financial bur dens could be allowed," Schwartz said. Matt Heyd, student body president, said the moratorium overrode a 50-year-old agreement between the Uni versity and its students. "Our fee agreement allows Student Congress, student government and the students to levy and disperse our stu dent activities fees," Heyd said. "This is the first time in 50 years that students have voted for increasing student fees and it hasn't been levied." Undergraduates voted in February to increase their student fees by 90 cents a semester to fund a.p.p.l.e.s. But the ref from Raleigh, writes the Wilson Library cause and providing buses to transport housekeepers and their supporters to Raleigh, McSurely said. 'The main thing we're interested in is the University changing its priorities for a while," he said. "We'd like to see the lowest-paid employees being given the highest priority, and the highest paid employees move down the scale a little." The housekeepers, who have not had a raise in two years, have received sup port from students and the community. Students for the Advancement of Race Relations and the Student Envi ronmental Action Coal ition have helped them sell lunches in the Pit to raise money and awareness about their prob lems. The local chapter of the National Association for the Advancement of Colored People also is working with the employees. Hardin, who spoke to students last week in the Pit, said then that he would talk to leaders of the local chapter of the State Employee Association of North Carolina about the problems. "I'm just going to have some casual conversations with them," he said dur ing his speech. "I am really, really wor ried about the housekeeper plight." Hardin said he hoped to present a plan to the public by the first of the year outlining ways to help the employees. Hou jsekeepers also want the Uni versity to provide more training oppor tunities and to establish a committee to address management practices. NC CO 073192 NC COLLECTION WILSON LIBRARY CE 3930 UNC CAMPUS CHAPEL HILL University community since 1893 Chapel Hill, erendum never went into effect because of the moratorium. Steiner said a.p.p.l.e.s. organizers were considering other possible fund ing sources. "We're searching for fund ing inside and outside. I'm confident that we'll find some money because it's such a valuable program to so many people on campus, but time is running out." The salary of the group's service and learning coordinator, Denise Beal, also was to be funded with student fees. Schwartz said three options were available to keep the a.p.p.l.e.s. pro gram alive. "They could remove the moratorium, make the service learning DTHAndrewClire Reading Room Thursday afternoon. Earnhardt was among the students who decided to evade the rain and study indoors. Grievants, of personnel board, Step 4 ridings Editor's note: This is the second article of a two-part series. By Anna Griffin Staff Writer Even at the state level of appeal, many UNC employees and former employees contend the University grievance process is biased, slow and ineffective. By the time employees reach Step 4, they have met with their supervisor, that person's supervisor and the University's Staff Grievance Com mittee. Some employees believe Step 4, which state organizations direct, can be the longest and most unjust part of the procedure. The final step in the system in volves a set of fact-finding hearings with an administrative law judge and a final hearing with the State Person nel Commission, the ruling body in grievance cases. "The administrative hearing is for the purpose of establishing the facts," said Julian Mann, director of the N.C. Office of Administrative Hearings. "It's like a trial and is the only point in the process where there is sworn testi mony." One of the state s administrative law judges, an employee of the Office of Administrative Hearings, gathers facts, hears both sides of the case and makes a recommendation to the Of fice of State Personnel. The State Per sonnel Commission then uses infor mation gathered in the hearings when making a final decision. At the conclusion of the hearings. the administrative law judge will (sug gest) a recommended decision," Mann said. "(The State Personnel Commis- game is 'get the NC 27514 North Carolina save a.p.p.l.e.. coordinator a state-funded position or get a private grant proposal." Donald Boulton, vice chancellor for student affairs, said he was searching for an answer to the lack of funding. "I'm hopeful that the fee moratorium will be lifted so that all fee-driven ser vices can continue." Boulton refused to speculate when the moratorium might be lifted. Schwartz expressed concern that Beal might look for another job because of the uncertainty of her salary. "I believe, somehow or other, differ ent parts of the University will cover her salary for .the spring, but there's no certainty," he said. "Why would Denise Hardin: NAACP's suggestions already exist at University By Shea Rlggsbee Staff Writer Most of the employee advancement programs suggested by the local NAACP chapter already are in place at the University, Chancellor Paul Hardin said in a Nov. 1 1 letter to the group's president. Hardin said in the letter that most of the programs were included in the Uni versity Performance Management Pro gram, and University training and de velopment programs. The only suggested program not in place, a plan to test employees' skills, cannot be implemented at the Univer sity because it would test non-work-related qualities, he said in the letter. Hardin said Thursday that his letter to the NAACP president was his only comment on the proposals. James Britlian, president of the local chapter of the National Association for the Advancement of Colored People, outlined an approach to employee ad vancement programs in an Oct. 24 letter to Hardin. Brittian's letter proposed: Identifying all employees with ap parent potential for upward mobility. Establishing a carefully written de velopment plan tailored for employ ees with potential. state dispute SPECIAL IASSIGNMENT sion) is the one that decides and is the one delegated the official function of ruling." The State Personnel Commission consistsof seven members, all appointed by the governor. Although the N.C. attorney general's office usually does not help write the commission's deci sions, the commission includes a mem ber of the office's staff who provides legal assistance, said J.C. Davis, deputy state personnel director. Recently, the commission overruled several administrative law judges' rec ommendations involving University employees, including University Po lice officer Keith Edwards' 4-year-old racial discrimination case. Mann said the commission adheres to the Office of Administrative Hear ings' recommendations in 80 percent of the cases it hears and completely ig nores law judges' recommendation only 10 percent of the time. State Personnel Director Richard Lee saidalthough thecommission occasion ally corrects misinterpretations of state grievance codes by ignoring law judges' decisions, commission members typi cally agree with all or part of a judge's ruling. "In a majority of cases, the members of the SPC agree with the OAK," Lee said. "They will disagree sometimes on a technicality, or maybe when a hearing judge misinterprets a point or law (in volved in the decision)." quarterback N0N-PS8RT 03G. U. S. F05TA3E PA I D PERMT Ha ?1 ABKFH. KILL c 27514 NewsSport Arts 9620215 Businet Advertising 962-116) want to stick around?" The Division of Student Affairs and the Collegeof Arts and Sciences funded Beal's salary this semester. Beal said the lack of funding for her full-time position would hurt the suc cess of the program. "Our ability to effectively follow through on our commitment to coordi nate the placements, to assist students in processing their involvement in the community and to ensure that the com munity benefits is at risk," she said. The fee moratorium belittles student power, Beal said. "It says students aren't adult enough to decide if they want to raise fees and what to spend it on." Developing an organized training and development program, using a di rect instead of random approach. Naming personnel responsible for supervising programs. Conducting a skills inventory for each employee in Salary Grades 50-53. Hardin said in his letter that the man agement program had included a career development program for all employ ees since July 1. This program helps employees "to assess their skills and interests, to de velop career goals and to identify needed skills and knowledge in order to attain these goals," Hardin said in the letter. An organized training and develop ment program also is already in place, Hardin's letter stated. But the programs might be affected by the University's budget problems, he said."... It is not possible to guaran tee that short-term workload increases or fund shortages will never impact the training programs on this campus," Hardin's letter stated. The administrators in charge of all the training programs have been identi fied, Hardin said in response to Brittian's request that personnel responsible for supervising programs be named. Laurie Charest, associate vice chan- See PROPOSAL, page 2 impartiality Lars Nance, the N.C. assistant at torney general who represented the university during Edwards Step hearing, contends that the judge in the case did not fully understand the state policy on racial discrimination when she made her recommendation. Many employees believe the State Personnel Commission should not have the power to make final rulings, since the administrative law judge conducts a firsthand investigation of the tacts. "The decision of the administrative law judge could be binding," said Paula Schubert, chairwoman of the Orange County branch of the State Employ ees Association of North Carolina. 'The members of the State Personnel Commission don't hearthe testimony, they don't see the people. It would be hard for me to overrule a judge with out having seen any of the hearings." But Nance argues that the commis sion getsenough information from the hearing at the Office of Administra tive Hearings to make a fair ruling. "They have the transcript, they have the recommendation by the adminis trative law judge," Nance said. "They have exhibits, they have various argu ments, they have motions that have been ruled on. They are cited to par ticular areas of the transcript. They hear the arguments of attorneys." State officials also contend the use of judges as fact-finders helps make the system less biased and more thor ough. "The Office of Administrative Hearings was established to add a degree of impartiality to the process," See GRIEVANCE, page 9 Joe Namath
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