k I L - M O H $ $ U NON-PROFIT ORGANIZATION 3rd Class Postage PAID Chapel Hill, NC Permit 250 Mm Mm (2) 100th Yeat of Editorial Freedom Est. 1893 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 NcmSpornAiu 962-0245 BunnewAdvertiring 962-1 163 SPECIAL ffltfj? Anti-harassment rules in question after court decision By Matthew Eisley Senior Writer 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 Student Conduct. 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 dent Conduct. "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 Associate Editor DTHErin Randall 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 Editor 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 BCC. 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 not." 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 Editor 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 and honored." 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 session. 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! - the editors lum. Hardin said he was enthusiastic about naming the building for the Jacksons. "I think it's a great plan," he said. "These are highly deserving people. Both Blyden and Roberta Jackson 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 Blyden Jackson State University and New York University, re spectively. Blyden Jack son, 82, received his undergraduate degree from Wilberforce Uni versity in Ohio and earned his Master's and Ph.D. in English Roberta Jackson 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 events. 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 remarks. 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 Legislators: UNC-system undergrads should aim to earn degrees in 4 years By Peter Wallsten Editor 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 committee. Meanwhile, UNC-Chapel Hill's graduation rates lead the system and are not nearly as problematic, UNC-CH officials said. 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 provision states. 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 four years." 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 tion rates. "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 initial Sf'-' Pool 3,186 E2 3,390 ET: 3,329 Wi 3,304 EJ' 3,151 3,293 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 1.0 86.5 1.1 88.0 AFTER 4 YRS AFTER 5 YRS DROP GRAD CONT DROP GRAD CONT 12.5 10.8 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 19.1 77.3 17.6 3.6 79.2 3.2 Officials push for smaller tuition hike By Peter Wallsten Editor 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 times." 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 ment. Lee said he expected the House to agree to implement the Senate's tu ition recommendations. "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 out-of-state students. 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

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