k I L - M O
H $ $ U
Chapel Hill, NC
100th Yeat of Editorial Freedom
Serving the students and the University community since 1893
1992 DTH Publishing Corp.
All rights reserved.
Volume 100, Issue 42
Thursday, June 25, 1992
Chapel Hill, North Carolina
BunnewAdvertiring 962-1 163
Anti-harassment rules in question after court decision
By Matthew Eisley
A U.S. Supreme Court ruling Mon
day striking down a St. Paul, Minn.,
hate speech law has cast into doubt anti
harassment provisions in the
University's regulations governing stu
dent and employee behavior.
The court's ruling, which held that
laws targeting racial, gender or reli
gious insults or threats as "hate speech"
are unconstitutional, strikes a blow at
university speech codes nationally.
"My first impression is that what we
have done probably would not stand
constitutional challenge," said Bob
Adler, a business professor and a mem
ber of the University's Committee on
Some sections of UNC's anti-harassment
regulations may have to be rewrit
ten, while others may stand, Adler said,
adding that he was reacting to news
reports and had not seen the decision.
The University's employee policies
prohibiting racial and sexual harass
ment provide sanctions for "the inflic
tion of severe mental or emotional dis
tress" through slurs, epithets or insults
that demean a person's race or gender.
The Code of Student Conduct pro
hibits intimidation and harassment that
demeans a person's race, gender, reli
gion, creed, sexual orientation, age,
national origin or handicap. One sec
tion prohibits repeated offenses, while
others forbid even a single offense.
'The simple solution, it seems to me,
is to include it all in some generic way
and say you can't intentionally inflict
severe emotional distress on someone"
regardless of motive, Adler said.
Chief University Counsel Susan
Ehringhaus said she had not seen the
Supreme Court's ruling. "Until I read
that, I can't tell you with any confidence
whether or not our policy will be af
fected," she said.
'Mental anguish' examined
Law Professor Bob Byrd, chairman
of the Committee on Student Conduct,
said the University's anti-harassment
policies were more tolerant of free
speech than those of some other univer
sities. The committee drafted the In
strument of Student Judicial Gover
nance, which includes the Code of Stu
"I think our provisions for the most
part are consistent with what the court
did," Byrd said.
The Code of Student Conduct's pro
visions that prohibit the infliction of
mental anguish, without related spe
cific injury or interference, probably
are the most shaky student regulations
under the new ruling, he said.
The Committee on Student Conduct
probably will review the Code this fall,
he said. "We could very well defer any
Edwards trial begins in Hillsborough;
Chancellor heads list of defendants
18-year University Police veteran breaks down into sobs while describing discrimination
' : itr- tri -nrt- mn in in rim--
By Anna Griffin
Keith Edwards and her attorney, Alan McSurely, confer outside court Wednesday
HILLSBOROUGH After 15years
and countless grievances, Keith
Edwards' day in court two weeks in
court, to be precise began this week.
Edwards, the first black woman ever
hired by the UNC police department, is
accusing seven present and former UNC
administrators, including Chancellor
Paul Hardin, with denying her constitu
tional right to equal opportunities and a
discrimination-free workplace because
of her race and gender.
During morning testimony Wednes
day, Edwards told jurors about what she
described as a lifetime of discrimina
tion. Breaking into sobs at one point,
Edwards said: "AII1 want is to be treated
like a human being. They tried to de
stroy me, but I wouldn't die.
"The constitution of the United States
says I have rights. I have rights until a
court system tells me, 'Keith Edwards,
you don't have any rights.'
"I will keep fighting, but I would
rather die than have no rights."
Edwards is seeking $250,000 in dam
ages and has pledged to take her case to
the U.S. Supreme Court if necessary.
"The University will never find dis
crimination against itself," said attor
ney Alan McSurely, the civil rights ac
tivist representing Edwards. "The Uni
versity has an economic reason not to
find discrimination against itself. The
buck has got to stop somewhere. Of
ficer Edwards hopes it will stop here."
In their opening statements Tuesday,
UNC attorney Lars Nance, a special
deputy attorney general, and McSurely
both said the case would focus on five
key incidents or issues:
The June 22, 1987 departmental
reorganization, which saw several
officers rise in rank. Edwards con
tends that she was denied the opportu
nity to compete for a promotion, and
that Hardin did not answer complaints
arising from the changes.
"When Officer Edwards com
plained about this reorganization, her
complaint was not addressed," said
McSurely, who is working his first
jury trial. "The University basically
shut its eyes."
What Nance described as the
"black-female issue" the lack of
black women on the UNC pol ice force
prior to 1988.
Edwards said Wednesday that be
ing the only black woman on the force
was emotionally draining. "Mentally,
it was very damaging," she said.
An incident that occurred Nov.
24, 1989 between Edwards and Lt.
Marcus Perry, her assistant shift su
pervisor at the time. Edwards says
that Perry changed her work schedule
on Thanksgiving Friday to retaliate
against her for testifying about him in
an earlier Step-3 grievance.
The revised work load was unfair
and unprecedented, McSurely said,
adding that John DeVitto, acting chief
at the time, failed to respond to
Edwards's grievance. "If a black per
son can't testify without fear of retali
ation, then all of the lives lost trying to
get the 14th amendment passed were
lost in vain," McSurely said.
The University's failure to post a
vacancy in the crime prevention
officer's position pending the May
1990 retirement of CPO Sgt. Ned
Comar, and the final decision by an
outside panel to give the position to
See EDWARDS, page2A
Hardin: Discord a 'source of absolute agony'
By Peter Wallsten
In an emotional meeting Wednesday
afternoon with members of a coalition
demanding a free-standing black cul
tural center, Chancellor Paul Hardin
defended his civil rights record despite
his opposition to a new building for the
In addition, Hardin proposed that stu
dent government support a referendum
that would establish a new student fee to
fund a larger BCC. If students voted on
the issue, they would feel more a part of
the decision-making and would be more
inclined to support the BCC, he said.
"It's been a source of absolute agony
and tears for me ... that the disagree
ment on this issue has put a wedge
between" the opposing sides, Hardin
said after sparring with students and
other administrators at the meeting in
his South Building conference room. "I
get emotional even thinking about it."
During the meeting, which lasted
several hours, students and administra
tors accused Hardin of ignoring the
plight of thecampus'blackcommunity.
"We are the only people who have
had to stand up to distortions about our
culture," said Margo Crawford, direc
tor of the Sonja H. Stone Black Cultural
Center, now located in a room on the
first floor of the Student Union. "Our
graduates from colleges hardly know
anything about their ancestors and their
strength to survive slavery."
Advocates of the free-standing build
ing who attended the meeting, includ
ing Harold Wallace, vice chancellor for
University affairs, said that by agreeing
to support a free-standing building, the
University would be making an impor
tant statement to the community.
Edith Wiggins, associate vice chan
cellor for student affairs, said: "A major
commitment of resources by this insti
tution to the black cultural center will
speak in ways that other things will
Crawford said a free-standing BCC
would not promote separation, but
would be open to everybody.
Hardin explained his reasons for op
posing a free-standing building, includ
ing the lack of available funding, his
own self-described conservative atti
tude toward new buildings and his de
sire for all minorities feel comfortable.
"I want to go with you to the Union
and the Student Congress," Hardin said.
"I would like to draw plans for an ex
panded Student Union."
Hardin said he didn 't enjoy disagree
ing with the coalition. "I do worry about
splintering of American society, and I
do worry about separateness."
Students in the coalition, including
Elizabeth Kolb, co-president of the
Campus Y, told the chancellor they
were not interested in hearing his posi
tion. Rather, they wanted Hardin to
listen to them. "In our opinion it doesn't
matter if that's what you think because
it's our university," Kolb said.
Building to be named for pioneers of faculty integration
By Peter Wallsten
University officials today will name
UNC's admissions building after two
leaders of faculty integration.
The Monogram Club building, lo
cated on Country Club Road across
from the Forest Theatre, will honor
former professors Blyden and Roberta
Jackson, a retired couple living in Chapel
Hill. The Jacksons, English professor
Trudier Harris, Provost Richard
McCormick and Chancellor Paul Hardin
are expected to speak at a 4 p.m. cer
emony. "We are both very happy," said
Blyden Jackson, professor emeritus of
English, who was the University's first
black full professor when he started
here in 1969. "We are both delighted
Blyden Jackson also helped found
the African-American studies curricu-
What is a 'mail-home' issue, anyway?
Hello what's this?
This week, The Daily Tar Heel is
pleased to publish its annual mail
home issue. For our regular readers,
consider this edition more food for
thought during your first class this
But all you incoming freshmen who
received this week's paper through
themail can consider it a foreshadow
ing of what you'll enjoy five days a
week while at UNC next year. Good
luck and we'll see you in the fall! -
Hardin said he
about naming the
building for the
Jacksons. "I think
it's a great plan,"
he said. "These are
were pioneers in
the diversification of our faculty."
Roberta Jackson, former associate
professor of education, was hired in
1970 and was the first black woman
appointed to a tenure-track position in
the Division of Academic Affairs.
She earned her bachelor's degree
from Bluefield State College in West
Virginia. She received her Master's and
doctoral degrees in education from Ohio
and New York
spectively. Blyden Jack
son, 82, received
versity in Ohio and
Ph.D. in English
from the University of Mich igan in 1 938
and 1952, respectively.
Blyden Jackson, who is known
among his colleagues as a fighter for
civil rights on campus, said he didn't
encounter much racism when he ar
rived on campus 23 years ago.
"I didn't experience much racism, no
See JACKSON.S page 5A
further prosecutions ... until we've had
an opportunity to review it further in
light of this opinion."
Student Attorney General Ian Fay
could not be reached for comment.
The University's sexual harassment
policy is its most vulnerable anti-harassment
provision, because it prohib
its, among other things, verbal or physi
cal sexual conduct that creates "an in
timidating, hostile or offensive envi
ronment," Byrd said.
"It seems to be that the 'demeaning
environment' language will have to be
looked at closely in light of this deci
sion," he said.
Similarly, the Code of Student Con
duct prohibits verbal or physical sexual
conduct that "creates an intimidating,
hostile or demeaning environment for
(academic) pursuits, (University) em
ployment, or participation" in University-related
University guidelines state that be
havior that might constitute racial ha
rassment includes offensive race jokes,
insults, threats, offensive notes or tele
phone calls and any racially demeaning
Offensive sex orgenderjokes, sexual
propositions, insults, threats or bribes,
offensive notes or telephone calls, un
wanted sexual remarks or inferences,
remarks that demean either gender, leer
See CODE, page 2A
undergrads should aim to
earn degrees in 4 years
By Peter Wallsten
RALEIGH Some members of the
General Assembly want to discourage
UNC-system students from taking ex
tra time to graduate, but UNC officials
say they don't need the added pressure
to deal with the issue.
"It's not a question of saving money,
but of allowing more people the oppor
tunity of going to school," said Sen.
Marvin Ward, D-Forsyth, chairman of
the Senate education appropriations
Meanwhile, UNC-Chapel Hill's
graduation rates lead the system and are
not nearly as problematic, UNC-CH
A budget provision approved Satur
day in the Senate calls for the UNC
Board of Governors to "adopt policies
that will encourage the constituent in
stitutions to have their students com
plete their degrees more quickly."
The provision continues by stating
that UNC General Administration offi
cials should present a specific plan to
the legislature by Feb. 1, 1993. The
UNC system's presentation should in
clude "means of measuring (the
policy's) success and progress," the
The numbers of students spending
extra time in school has increased over
the last several years, Ward said, adding
that such practices drain money that
could subsidize tuition for other stu
dents from the state's General Fund.
'There is great concern in the legis
lature about the length of time people
are taking to finish courses," Ward said.
'There is also concern about the load
people are taking and the fact that the
state pays for your tuition. Theoreti
cally, you should be able to finish in
According to statistics compiled in
the fiscal research branch of the legisla
ture, about 28 percent of undergradu
ates matriculate after four years in
school, while 48 percent graduate in
five years and about 53 percent get their
degrees in five to six years, legislative
budget analyst Jim Newlin said.
The numbers are much more positive
at UNC-Chapel Hill. UNC-CH Regis
trar David Lanier said graduation rates
have been increasing here for several
years. According to statistics from
Lanier's office, 61 percent of the 1987
freshman class earned their degrees by
1 99 1 , while only about 57 percent of the
1983 freshman class graduated by 1987.
Lanier said an increase in the quality
of students entering UNC-CH could be
responsible for the improving gradua
"It's puzzling," he said. "Students
are just doing real well, I guess. The
See GRADUATION, page 5A
RETENTION AND GRADUATION ANALYSIS FOR
RETURNING FRESHMAN CLASS 1983-1990
AJIJ.R 3 Y1S
DROP GRAD CONT
18.6 0.8 80.7
19.1 0.7 80.2
15.4 0.5 84.0
14.4 0.9 84.7
AFTER 4 YRS AFTER 5 YRS
DROP GRAD CONT DROP GRAD CONT
20.9 57.4 21.7
23.4 53.0 23.5
21.1 59.4 19.4
19.8 60.4 19.8
18.9 61.3 19.9
21.2 74.7 4.1
23.2 72.2 4.6
Officials push for
smaller tuition hike
By Peter Wallsten
UNC-system officials say they are
upset about an inevitable tuition in
crease this year, but that the state
Senate's budget proposal would do
less damage to the state's universities.
"It was disappointing, but it wasn't
as bad as the one in the House," said
UNC-system Vice President for Pub
lic Affairs Jay Robinson, the system's
chief lobbyist. "We argued it many
On Saturday, the Senate approved a
budget that included a 6-percent in
crease for in-state students, from about
$774 a year to $820, and an 11.5
percent out-of-state increase, from
about $6,642 a year to $7,405.
The House of Representatives had
approved a budget plan that includes a
15-percent tuition increase for out-of-state
students at doctoral institutions,
including UNC-Chapel Hill, and a 5
percent hike for in-state students. Un
der the House plan, tuition for non
resident students would increase to
$7,638 while in-state students' tuition
would rise to about $814.
Senate and House conferees now
must agree on a budget plan. State law
requires that the legislature enact a
final budget by July 1 , the first day of
fiscal year 1993.
Sen. Howard Lee, D-Orange, said
Tuesday night that he thought a bud
get could be finalized by this week
end. The House appointed its confer
ees Wednesday morning.
I m still holding to my belief that
we'll be out of here by (July 3), al
though that's looking a little shaky.
Lee said. "The encouraging note here
is there are not many areas of disagree
Lee said he expected the House to
agree to implement the Senate's tu
"I believe there is a willingness to
do that, and the Senate budget does
balance," he said. "From talking with
people in the House, they're more
concerned about a balanced budget."
While both plans would ensure that
UNC-system schools have the lowest
in-state tuition in the nation, out-of-state
tuition could reach into the top 1 0
percent, Robinson said. The legisla
ture should realize the implications of
placing too heavy a burden on quali
fied out-of-state students who could
easily attend cheaper schools, he added.
"Our in-state tuition rate is the best
in the country, and our out-of-state are
getting near the top," Robinson said.
But convincing the House to go
along with the Senate's plan may prove
difficult. During sessions in both the
Senate and the House, legislators de
bated the need for the state to spend
money subsidizing the education of
Rep. Frank Rhodes, R-Forsyth, ar
gued recently that UNC should serve
N.C. students, while out-of-state stu
dents should pay the full cost of their
education here. UNC-system officials
estimate that the total annual cost of
educating one student is $8,791.
- "I don't think it's the duty of the
North Carolina taxpayer to subsidize
See TUITION, page 2A
The birds and the bees are not Vulcan, Captain. Mr. Spock