T I I
100th Year of Editorial Freedom
Serving the students and the University community since 1893
0 1992DTH Publishing Corp.
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Volume 100, Issue 46
Thursday, July 23, 1992
Chapel Hill, North Carolina
E E K I Y S
Administrators not to present trustees with fee increases
By Peter Wallsten
UNC-Chapel Hill officials will not
propose new student fee increases at the
Board of Trustees meeting Friday, said
Donald Boulton, vice chancellor for
"I was told the whole issue is dead,"
he said this week. "All we can say is
we're going to regroup and cut back to
get through another year."
Meanwhile, Boulton suggested that
the UNC-system create a plan for stu
dent fees using UNC-Chapel Hill's
methods as a model. "It seems to me we
ought to make a plea for a plan that
involves constituents at each institu
tion," he said.
UNC-CH administrators made their
decision to withhold their fee proposals
after learning that a bill in the state
legislature that would place a morato
rium on student fees this year at UNC
system schools passed through the state
House and probably will get final ap
proval this week in the Senate.
At press time Wednesday, the Senate
had not voted on the measure.
The bill states that the Board of Gov
ernors "may not increase any required
fees at the constituent institutions until
the board adopts rules to limit the amount
of student fees that may be charged to
retire debt at each institution."
State legislators have said they were
not convinced that BOG was commit
ted to keeping student fees low at its
member schools and that UNC-system
officials pressured them to approve a
fee-supported athletic complex at UNC
Charlotte. "There's no one really to advocate
for the students but us," said Rep. Mar
tin Nesbitt, D-Asheville.
The BOG would not be allowed to
adopt the rules before April 1, 1993, and
the UNC system would have to send the
rules to every legislator before the mora
torium is dropped.
UNC-CH students and administra
tors had hoped to increase student fees
at the University by $57, for programs
such as APPLES (a service learning
program), intramural sports and a tech
nology fee (for new computer labs).
In response to legislators' calls for a
student fee plan, Boulton proposed form
ing a committee of vice chancellors
from the 16 campuses to study student
involvement in decision making.
"It seems to me the consumer who
pays the bill has to have some role," he
said. "We have a model that ought to be
looked at. ... I would like to work with
a number of my colleagues. I would
welcome working on a committee tak
ing things we have learned and that
others have learned. I believe we could
come up with a process that would be
Boulton emphasized the importance
of a process that involves students ev
ery step of the way on boards and com
mittees. In addition, students should be
able to react to proposals through the
press and public forums.
Student body referenda are helpful,
but don't always have the same impact
as other, more proactive processes,
But fee proposals not supported by a
wide cross-section of students never
survive, Boulton said. "I don't even let
(them) leave my office."
UNC-system President CD.
Spangler said in an interview this week
that student referenda shouldn't dictate
policy about fees. "If only S, 8 or 10
percent of the students turn out, it's not
BCC advocates confront Spangler in dining hall
By Peter Wallsten
UNC-system President CD.
Spangler advised supporters of a free
standing black cultural center to make
their arguments with care during a
spontaneous gathering in Lenoir Hall
"There are two different argu
ments," Spangler told the group of
about 1 2 students, some of whom rep
resented the Black Awareness Coun
cil (BAC). "One is about programs
and space, and that's buyable.
"The second is to say we want a
certain spot and a certain building.
And that doesn't sell."
Spangler eats lunch typically
consisting of a taco salad in Lenoir,
Hill's main dining
hall, at least once a
week. The stu
dents; led by BAC
after he finished
his meal. Burnette
also is a quarter
back on the UNC
The BAC was formed this summer to
promote a free-standing BCC, an issue
that garnered a great deal of attention
this month after several rallies and a
symbolic ground breaking last week.
"(Black students) don't have any
where to go," Burnette told Spangler,
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Denise Marthewson holds the ribbon after a symbolic ceremony for the BCC last week
adding that he was having a difficult
time making white administrators and
coaches aware of the need for a free
standing BCC. "Blacks don't have any
Penny Blackwell, an All-American
on the UNC track team, said most black
students didn't have a place to go for
help, although an effective support net
work was in place for athletes. "We as
athletes have certain things built to deal
with things athletes need," she said.
To build what many students want
a free-standing Sonja H. Stone Black
Cultural Center would help solve -some
problems facing black students
on campus, Blackwell said.
"It doesn't provide separateness,"she
said. "It provides unity and more self
esteem ... rather than having (black
students) search so deeply for it only in
an (African-American studies) class.
So when they leave the University, they
have something to give back."
Spangler emphasized that as presi
dent of the 16-campus UNC system, it
would not be appropriate for him to take
a definite personal stand on the issue.
Chancellor Paul Hardin has expressed
. his support for the BCC, but also has
said that a free-standing center would
promote too much separatism on cam
pus. 'There's no difference in me being
president and me being a person,"
Spangler said. "If I don't support the
chancellors, then I've got a problem."
But Spangler also told the students
he supported their philosophies about
black students needing representation.
"I'm with you all the way," he told
The students told Spangler of their
frustrations dealing with some admin
istrators on campus, such as Hardin.
"What do you think I believe?"
Spangler asked. "What do you think I
work for? I want you to graduate."
Spangler questioned the students'
tactics in demanding a free-standing
building. "I'm saying a place should be
provided to give you what you want, but
does it need to be separate?" he asked.
"You're asking for something separate
rather than something that will solve the
Burnette responded by explaining
what he perceived as a need for a center
of black culture. 'The stuff I get about
my own culture and my separate black
achievements, I have to get on my own,"
Spangler said: "I couldn't be presi
dent of this university if I didn't believe
some of the things you believe. (N.C.
CGLA may join student coalition
By Anna Griffin
: The Carolina Gay and Lesbian As
sociation may join the coalition for a
free-standing black cultural center as
s early as September, CGLA and coali
tion leaders said this week.
At a BCC speakout last Wednes
day, Doug Ferguson, co-chairman of
f the CGLA, told the crowd of about
$ 150 that the CGLA was willing to give
: the coalition whatever support it
"I don't know racism," Ferguson
said to a group of about 150 students.
"I'm not going to say I understand
i racism, because I've probably been
guilty of it in the past.
"But I'm your ally whether you
want it or not. I stand with you in the
fight for a free-standing black cultural
Ferguson later said he hoped the
; CGLA could join thecoalition, which
includes the Black Student Movement,
the Black Greek Council, the Campus
Y, the Student Environmental Action
Coalition, the Sonja Haynes Stone
Task Force, the Alliance of Black
- Graduate and Professional Students
i and the Collegiate B lack Caucus. The
coalition also includes the newly-
formed Black Awareness Council, an
' organization of black athletes who
s also are members of the BSM.
"We're going to approach the BSM
if this week and see if they'll come speak
House Speaker) Dan Blue would have
me out by nightfall."
During the hour-long conversation,
which at some points became confron
tational, some students said a free-standing
BCC would help the University
break out of the days of segregation.
"We don't want to start with the
hatred of the past," Blackwell said.
But Spangler, who was a student at
UNC-CH from 1950-54, asked the stu
dents to acknowledge society's progress
since the 1950s and '60s.
"We are doing everything we can to
change things," he said, noting the vari
ous programs on campus this summer
aimed at recruiting and retaining mi
nority students. "When I came here (for
college) there wasn't a single black on
this campus. It's not necessary to knock
progress in the past 20 years to make
progress in the next 20 years."
At one point during the conversation.
; at one of our meetings in the fall,"
Ferguson said. "I'm definitely in
favor of joining the coalition, and I
: believe a majority of officers are
also in favor of it."
Although the CGLA and BSM
have never officially worked to
gether. Interim BSM President
Charles McNair said he would sup
port the CGLA joining the coal ition.
Members of the BSM voted last
: spring to voice their opposition to
riders put on the CGLA's annual
budget by Student Congress,
s "I was very encouraged by what
(Ferguson) had to say," McNair said.
"I don' t think our past relations would
be a problem. We'll welcome any
body." McNair said Ferguson's com
ments at the speakout were proof
that the BCC movement was not just
limited to black students.
Although the other members of
thecoalition have not yet been con
tacted, Ferguson said he was confi
. dent, his organization's members ,
would vote for joining the fight.
"1 think it's safe to say that the
feeling is toward joining the BCC
fight," Ferguson said. "It would be a
fair guess to say the CGLA will join
Ferguson said representatives of
the coalition would speak to the
CGLA at its Sept. 21 meeting and
that the CGLA would vote on
whether to join the coalition then.
Burnette addressed Spangler and other
whites by referring to "you all" and
"you people," causing Spangler to
recall jokingly Ross Perot's now-infamous
speech earlier this month to
the National Association for the Ad
vancement of Colored People.
"You would be helped to not as
sume people are against you when
they're not," Spangler said to the stu
dents. "You can't assume by what
people look like what they believe."
When the students explained to
Spangler that they did not expect him,
a white man, to understand black is
sues, the president responded that he
disagreed with their assumptions.
"I believe I'm looking at it as an
American, a North Carolinian and as
president," he said. "I'm not a white
president. You've got to have the abil-
See SPANGLER, page 2
Defendants request new trial for discrimination charges
By Anna Griffin
The three former UNC administra
tors ordered to pay a UNC police officer
$1 16,000 in damages have filed a mo
tion with Orange County SuperiorCourt
Judge Gordon Battle asking him to over
rule the jury's verdict and grant them a
On July 9, a jury ruled that former
UNC officials John DeVitto, Charles
Mauer and Robert Sherman had com
mitted racial and gender discrimination
against Keith Edwards, an 18-year vet
eran of the UNC police force. The jury
ordered the three men to pay a total of
$90,000 in punitive damages and
$26,000 in compensatory damages.
But this week, the three men, through
their attorney, David Parker, a deputy
state attorney general, filed motions with
the judge asking him to overrule the
jury and grant them a new trial.
"There's a written motion in the court
to grant a motion of judgment not with
standing and a motion for a new trial,"
said Marie Rice, a secretary in Battle's
Superior Court office. "That basically
means the defense is asking Judge Battle
to overrule the jury's verdict and give
them a new jury trial."
Battle, who is conducting a case in
Randolph County this week, will con
sider the motions sometime next week,
The three defendants still are consid
ering whetherto appeal the jury 's ruling
against them, Parker said. "As far as I
know, no decision has been reached,"
he said, adding that DeVitto, Mauer and
Sherman have 30 days to file their ap
peal with the N.C. Court of Appeals in
Alan McSurely, Edwards' attorney,
said he didn't expect Battle to grant a
new trial. "I would be surprised if he
did," he said. "They're just doing it for
the record to establish matters that they
might use for an appeal."
The three defendants requested a new
trial after the jury issued its decision
two weeks ago, but at the time Battle
told Parker to file a written motion. The
motion officially was filed earlier this
week, Rice said.
Although no decision has been
reached concerning an appeal, Edwards'
supporters have mounted a petition drive
encouraging UNC Chancellor Paul
Hardin, one of seven original defen
dants in the suit, to "do the right thing,"
and discourage DeVitto, Mauer and
Sherman from appealing the verdict.
Edwards' supporters hope petitions will avert appeal
Supporters of UNC Police Officer
Keith Edwards have begun a petition
drive aimed at convincing the three
former University officials convicted
of racial and gender discrimination not
to appeal an Orange County jury's rul
ing against them.
Organizers began circulating the pe
titions last week at black churches in
Chapel Hill and Carrboro and placed an
advertisement in this issue of The Daily
The petitions urge UNC Chancellor
Paul Hardin to accept the jury's ruling
that former UNC officials John DeVitto,
Charles Mauer and Robert Sherman
discriminated against Edwards, an 18
year veteran of the UNC police force.
A jury of six men and six women
found in favor of Edwards and ruled
that the three defendants had to pay
damages totalling $1 16,000.
At press time, the three men had not
decided whether to appeal the verdict
although they did file a motion request
ing a new trial.
The petition drive, which is being
run out of The Abundant Life Center on
West Rosemary Street, is focused on
"We want to get
as many signatures
as we can," said
the drive organiz
ers. "We hope to
get between 500
and 1,000 signa
tures." Each petition
contains space for
Edwards' attorney, Alan McSurely, es
timated that 500 petitions had been
Although Edwards' case against
Hardin was dismissed during the course
of the trial, Hardin still will play a major
role in whether the three defendants
appeal, McSurely said.
'This drive is pointed in the right
direction,"he said. "Hardin is definitely
involved in the decision-making pro
cess. I'm not sure Chancellor Hardin
knows how the community feels about
this. This should show him how strong
the sentiment is."
The petitions urge Hardin to "do the
the petition, this
includes not ap
pealing the ver
dict, extending an
offering of good
will to Edwards
and ensuring that
all UNC employ
ees receive fair and
ation when they
report discriminatory practices to UNC
Hardin'ssecretary said this week that
the chancellor was referring all ques
tions about the Edwards case to Clifton
Metcalf, UNC's associate vice chancel
lor for communications.
In a statement released July 10, the
day after the verdict was announced,
Hardin said it would be inappropriate
for him to comment on the case since it
still may be appealed.
"I respect the legal process, and I
want to see justice done," Hardin said in
a vote of the students," he said. "Ideally
you'd have fees supported by 50 per
cent of the students."
But Spangler agreed that the BOG
and the boards of trustees should seek
out students' opinions. "I think it's some
thing the Board of Governors ought to
Nesbitt said the proposal to nearly
triple fees at UNC-Charlotte to build a
$26.3 million athletic complex had
caught the attention of many legisla
tors. The BOG approved the plan at the
tail end of UNC-system President CD.
Spangler's one-year moratorium on stu
dent fee increases.
See FEES, page 5
Responding to several recent attacks
on pedestrians who were walking alone
at night, Chapel Hill and UNC police
last week issued a warning against walk
ing alone on campus after dark.
"UNC-CH students, faculty, staff,
local residents and others should take
extra safety precautions," according to
a press release jointly issued by Univer
sity Police Chief AlanaEnnisand Chapel
Hill Police Chief Ralph Pendergraph.
The warning follows two attacks on
pedestrians in the last two weeks. One
woman was attacked in the Pittsboro
Street-Manning Drive area while walk
ing to work on campus.
"The point of the release was to edu
cate people, since several women have
been victims of attempted assault," said
Jane Cousins, spokeswoman for the
Chapel Hill Police Department.
li. Marcus Perry, crime prevention
officer for the UNC police, said the
warning was intended to make people
more aware of the dangers of walking
alone at night on campus. "The objec
tive of the warning was to make people
aware so they can be attentive to their
surroundings," he said.
The press release specifically men
tioned UNC housekeepers and other
employees who travel to work at night
or in early morning hours. According to
the release, these employees should
contact their supervisors for assistance
in arranging safe travel if they cannot
find someone to accompany them to
Alan McSurely, attorney for the
housekeepers' movement, thinks the
problem should have been addressed
with more than a warning.
"What really needs to happen is that
the men and women on duty at night
need to be brought into the discussion,"
he said. "They must have a grassroots
task force put together of both police
and housekeepers to put together a cre
ative crime program."
McSurely said the primary ideas for
improving safety around UNC campus
needed to come from the people di
rectly involved. "The housekeepers are
very intelligent people, and they have
plenty of ideas," he said. "The cops
know the University backwards and
'The housekeepers and the police
know more about the University than
the chancellor does."
McSurely said, "Many UNC and
Chapel Hill police know the house
keepers because they come to work at
the same times. I believe that if a task
force was set up, they could come up
with excellent crime prevention sug
gestions." McSurely said the cooperation of
both police departments was a good
step. "There are four police departments
See ASSAULT, page 2
That's a wrap
'til Aug. 24!
We're sorry to inform ya'll that
this is the last issue of the summer.
Now we all say goodbye to those
who make the news interesting: Keith
Edwards, state legislators, CD.
Spangler, Jay Robinson, Alan
McSurely, Donald Boulton, Paul
Hardin, the coalition supporting a
free-standing BCC, Chuck Stone,
Ralph Pendergraph, Charles Little,
Matthew Hodgson, John Turner, the
Board of Governors, John DeVitto,
Carl Fox, Ben Tuchi, Mill Creek,
Ross Perot (and family), etc.
Look for the DTH's registration
issue Aug. 24 and the first regular
daily edition Aug. 26.
I still believe in a place called Hope. Bill Clinton