_ Harold Enarson, president of Ohio State Universi- interference. He says: "The careful respect by gov-
ty, obviously a man accustomed to dealing with emment for the independence of the educational
I government, claims "the federal presence is felt world is long gone. Non-involvement has changed to
I everywhere in higher education, and federal laws and intrusion, respect to financial and regulatory control.
, regulations are changing the academic world in ways The extent is frightening."
{ that justify our alarm.”
Stanford vice president Robert Rosenzweig feels HE EXTENT is indeed frightening. Today
` that higher education has lost its "immunity to the there are 34 Congressional committees and
burdens" of an increasingly regulated society and at least 70 subcommittees with jurisdiction
says: "Virtually the whole range of public regulatory over 439 separate laws affecting postsecond-
. activity now bears on the university." ary education. The number of pages of federal laws
g The problem is not limited to large universities concerning higher education rose from 90 in 1964 to
? which receive the lion’s share of federal dollars. 360 in 1976.
“ Every institution of higher leaming is affected—large And those laws have generated millions of words of
, and small, private and public, liberal arts and techni- regulations. The number of pages in the Federal
  cal, community colleges and professional schools. Register devoted to regulations affecting higher edu-
l Until 1975, colleges and universities which did not cation grew from 92 in 1965 to nearly 1,000 in l977—a
{ receive direct federal grants were exempt from much 1,000 percent increase in the quantity of federal
` of the regulation. Then 1-r.E.w. adopted regulations to regulations with which colleges and universities must `
  enforce Title IX against sex discrimination and de- comply.
‘ clared that a recipient institution was an institution Duke University president Terry Sanford under-
_ that received federal funds indirectly as well as standably refers to "the avalanche of recent govem-
I directly. In other words, if one student received one ment regulations [that] threatens to dominate campus
_ dollar in federal student aid, the entire institution and management."
Q all of its activities would be subject to regulation. It was not long ago that colleges and universities
i This prompted Nobel prize-winning economist Mil- were exempt from almost all federally mandated
  ton Friedman to observe that the "corner grocer and  
l the A&P are recipient institutions because some of “
  their customers receive social security checks. He   the Old Catalog Still promises
i added, "No argument rs too silly to serve as a pretext ‘ ,
  for extending still further the widening control over to educate thc whole person, thc
  all of our lives that is being exercised by govern- lIl5[l[L1[l()[1 had l)€{[€I` be pI`€p;1I`(·]d
  ment." · ”
i Several institutions have now challenged H.E.W.’S to prove IL
  all-inclusive definition of "recipient. "  
  The more than 800 church-related colleges in the social programs, even including social security and
  United States—many of which have not sought or workmen’s unemployment insurance.
* accepted federal aid—are especially concerned. They Things began to change in the mid—l960’s with the
  fear that "as the state moves in, the church must adoption of civil rights legislation and regulations,
  move out." And recent federal regulations dealing which at first banned discrimination on the basis of
i with such sensitive issues as abortion, marital status, race, color, religion. and national origin. Then they
J integration of the sexes, and religious preference went furfher: non—discrimination alone was not
l clash directly with the religious beliefs and practices enough—an organization was required to take affirm-
l of many of these schools. ative action to develop hiring goals for minorities and
I Father Ernie Bartell, head of the Fund for the plans to achieve those goals. Sex was subsequently
l Improvement of Postsecondary Education, notes that added to the list, followed by age, and, more recent-
{ "some of the nation’s oldest and most fiercely inde- ly, by physical and mental handicaps.
‘ pendent colleges and universities were founded as In 1969, the National Labor Relations Board rather
f diverse religious institutions." And he worries that impulsively extended coverage of federal collective
ia "the further erosion of such diversity under additional bargaining laws to college and university faculties,
  pressures of governmental regulation might thus be thus clearing the way for the faculty unionization
  most symbolically disturbing among already belea- movement. (A recent lower court ruling that the
guered smaller institutions, many of them church- faculty at Yeshiva University are supervisors and
E related and lacking the expensive and specialized thus not entitled to collective bargaining rights is now
  expertise to respond and to adapt creatively to the on its way to the Supreme Court.)
  changes implied in federally mandated programs." Most of these laws and regulations affecting higher
  The president of Asbury College in Wilmore, Ky., education were not aimed specifically at campuses
j has been outspoken in his criticism of govemment but rather at broad social problems; colleges and
Q 7