xt79p843rh9p https://exploreuk.uky.edu/dips/xt79p843rh9p/data/mets.xml Lexington, Kentucky (Fayette County) University of Kentucky Alumni Association 1980 v. : ill. ; 28 cm. Quarterly, Publication suspended 1922 and resumed with v. 1, no. 1 (May 1929); v. 5, no. 9 (May 1933) not published; issues for v. 37, no. 2-v. 40, no. 1 (spring 1966-spring 1969) incorrectly numbered as v. 38, no. 2-v. 43, no. 1; v. 40 (1969) complete in 3 no. journals  English [Lexington, Ky. : University of Kentucky Alumni Association, Contact the Special Collections Research Center for information regarding rights and use of this collection. Kentucky alumnus University of Kentucky. Kentucky alumni 2002- Kentucky alumnus monthly Kentucky alumnus, vol. 04, no. 50, 1980 text Kentucky alumnus, vol. 04, no. 50, 1980 1980 2012 true xt79p843rh9p section xt79p843rh9p F .   _
I .
. »
      V Q  f  _ ·
é   V I   J - ;;· j"'°`,$§?l » , ' ’ 5)}. 
€ i’§%;   A ;» -   TE · · ` `
gyéwil A     _ I J.)
  U    /7 ' 4`  `    i? ig ll 5*
    A   is} ··   p¥' "*  ii`? l  
?       ·;¥ xm "         ' i4   \ n   ij  
a \, 'I ` ~ : ,..,. J
\ I"  _ “ I 6 ,}`—;·’-   > » i ` I `   )   Ir `S lv E —     _ I ’ ‘ ` A —• ‘ i
` `'   K N ' l  i·  §;` \·"   r vi    ·‘   ¤ .
    _ 5  QP X "  ‘  z    _ `· . »  V  V -r ¤é.;‘ be ¤._   V  
E /'   V `   ` A  ; I     H *    _   •%_  L., `. l nl   I. I ‘ {V
  ° W- »   * §*‘       *\ ( ~  ~ V  1/F Y 1 ·  ~
  ' ·      ’ j , ‘ 2 v_ \ = 3    _.}_  ma*._ —»·. - .- 7.7
  •    · · 7   . A  G   ;     .l__ K? ~-’~     ` "1‘*·v‘ V V x Q
' 1 2   · .     ’ 3  _ § Ci? V   V '- _,_ ·¤,»;¤. "·
`       _        . ‘ *         `#’“#%~#··‘ ,· »
V `V · ,»; ’ °  ={}fe°§°»y" ,,;.5 ,f; (   ,, -· _   'e;_     § ··;r `*~._,V .  
    __         {   _,        +‘     “"’/‘* ,ij.   4   _ _ ‘ » 
F A » _     ¥iE~ji nj'-      'I   _,   _jZ.   mi ‘     ’-;;,,V I V! = `K
//    *~;ZVV,¤ , .V+‘ V   · ;_·.@‘ i'*;$.“"’" 4  ,»  Q jxi `—<·t__ ‘ N  »·   · } ·
{ A     rv ` · `-r`;·;t  J ` V ,  ‘  A    `J . J- V .4   I Pr; \  
` n ’ ` A :**,1;. _v"•:?` I '·»~`v   > il I I ` l   ` ` I r Qi    _    , _ · · " ' \
‘ ` S   . g   ·   l' . I
‘.,` _, * ` " ~· I
` 7 4 V ~ " or 1 I ‘
      °      Q $2
.   V { .,_»V ,_ hip    Q  
5   _ ri   _ . ’     { V   _ I
{  · <   X   _  ' 1’< " ‘   
      The CGI`T\pUS Gnd HTG Courts  f` J g    
  _ ‘   "=   »(V, } _   `·  
a ’ a _ V _' E4 rs   -. ~‘··~:£·

C G M I -
——-—······· j
‘ 1
ll · I ~,   `..;;_`l”:i·l?;l`-Z ‘
  .»2’"/`*»,_  sj’_i/ Y
, ‘ I“"·-—+4_,, i'5&_~\ _ ,\;;a_·,._S·` 7, i`   ,
,.__   ""‘—~   ..L;j·       “\—~ ·     {?¤iy“rxf£Y·fV
’ * * "   its   WZ   i
’  I ’i **  §1 A   +   ‘ ,  °Z‘¥g?.i;~l(l??·¢ ;’ I I
_.I»V ,<;£— V ”·       €=>—l`_    °“*i·.%¥’?*f ‘;·· · —·—»   gy. `     '
I -.·'»» V , . ... , I   I · D · ~ fz A I."•·'l Mnllf r, xé"’ .  as ¥"——U"’"'¢   ` {ht';  `”;’ 1
  jig _.   '   L _····l   iiil Lilig ,%.5   {gp `L  ,,f,.;\,‘  il  ` .i  ;‘e;¥A¤j_Y
  W Q5   _   `_` N     In;} ·.,}}  —     irfgg   Wggi fi     /‘¥;;€?`?[ ''.· ·
,. .’·7."J$! vg J f ‘ — I —·-Q       I ' gln   r nn Hi ' 1**  ...‘   )`‘‘ ‘ xi VL‘f·`2{ ,e
. ’. ,   ig;   II  lis ' In “ '*·‘ ‘“'. iw:    ·. ‘iil Il ; u  i‘» YI   ¤fi e§ °"N,§z "   “   .-Q 
`   i n   » . - ,.:I , .     .   , '  * "  $44  i`3¥.é¤4. ‘. ,· . I  {4;%.*
I { ; A;-:c·. i   . gy _ —:- P‘?”;,|lI ·5·rI'! ; ¢§~,·gJ"%.:·,>;}Q!‘ i` ( El' ' ly  I; ..=·_§,__ ·   M  ·¤*`I'~*} il?.   if' .  V"' {"'   ‘~-- ·r° va;. * 5%   ·" 'it¥>"‘v2’  ’ YV     .
 =    I.;   ig}:  Z? ::3;  ,  A -;.:» ,·}., ." “ *€}..}i‘;.   ": ·     ,;;,.5 
 *·  ‘  ‘· _       A ·    ;f " f  ¤ " ““`L. ~     ' ,_..\;`    ._
  ‘ `‘       i I I ·  {[“°*%`Y. ..»,»,,q ,.....;   J  
. ··;?i»(‘ ` 5*   "   » ‘ ' "‘ .  ,;<·    ’   ’ 44-;**
»·>   I =i‘#<` , ._ · ,   V <`;> ‘‘:`I}\   ,
` I l A   _ ‘   ‘_·_`  
Q ,  Y.   Q "   I #,:5; 
I .     " Y   _.   y #2;.  *Iii "°T;£S>%~~;; 
I ;m1;mxg;,na&     T"  2
, __—. _,_ , VL;   GI. Q   ‘ `—=~`,1,, 
1i1Li11(Y1L1j(1j(11j11I °
RETURN THIS FORM with your check payable to UK ALUMNI
_ wr., . · ASSOCIATION, Morehead Print, King Alumni House, University of Ken-  
' tucky, Lexington, Ky. 40506.
I No. of Prints _ @ $20 $l; l
· Ky. Sales Tax @ $1 per print Y
(Ky. residents only) $.  I
Postage & Handling $3 per order $_.   ·
TOTAL $1.. I K
NAME   l K

 Co /  
/° 7
, Fall 1980 Vol.50 No.4
The Campus and the C0urts/ 2
Increasing litigation is throwing universities across the country into a number of courtroom encounters. `
Demand for Legal Serv1ces/10
UK legal counsel John Darsie shares his observations of the changing attitude toward suing universities.
Students w1th Troubles! 12
UK Student Government has set up a legal aid service to help students with a variety of problems.
Alumn1 Volunteer Leadersh1p D1rectory/ 15
A pull-out guide to alumni leaders who can keep you in touch with UK and get you in touch in their hometown areas.
Understand1ng Terror1sm/ 19
A student explores the rationale of terrorism following the seizure of the American Embassy and the holding
of 53 hostages in Iran.
Take the Poss1b1l1ty of Kldnapplng Ser1ously/22
A former hostage who survived tells you how he did it and what you can learn from his experience.
, The College of Knowledge/25
Philip Morris, Inc. and the College of Agriculture pioneer a program that demonstrates the public need for new
as well as applied knowledge.
,   N / 29 University Archives
ass Otcs Margaret l. King Library - North
I UNlV2t'Slty of Kznfuglgy
4 .
l.‘T‘·Zl|`I}kOI`I, l‘k€TItlJCl}ij `_;·¥§'$}{;_; -` j [ formation and defray the rising costs of , in
:,  *   ‘ ~-·" litigation. A ha
isi  _, "i$·§;_ • For one recent two-week period, The er
ifi; _ " "" L  Chronicle of Hzgher Education listed 17 4 sin
"Ii,     national meetings devoted to legal issues
  _   in higher education.
> I ` "_J%r.@"·.p   4

i l
E y  
I l ‘ niivll   -. " ’i~- s%·l.iii.__f`
» l 8. T H E C O U R T S .t.»-··~»;'¤ TT T   T T I     T T    T» T 
n {  
py i Once ¤ sunciuuryl Higher education is not, of course,
w ( plone iphbeingplagued withkjegal prob-
of i • • • ems. e nation seems to e preoccu-
f. I   unlversnly IS pied with litigation, and most American
id   • institutions have become tar ets for law-
;h ' novv   vvlih suits. The rise of consumerisin, the pas-
in , , , sage of sweeping civil rights measures,
grovvlng InTerV€nTI°n and a growing sense of alienation from .
es y the "establishment" on the part of many
ld     CQU |‘1'$, have made us, in the words of Stanford
to President Richard Lyman, "the greatest
ge I   iitigaters in world history."
m Govermnent-mandated social legisla- justice Oliver Wendell Holmes once
to   tion and the related directives and warned his fellow jurists to  
rn   guidelines from federal agencies are the prepared in their careers to   \
il- l most rapidly expanding source of col- oversee the dismantling of      
ew lege law. Titles VI and VII of the Civil much in life they held dear.    
e- Rights Act of 1964, Title IX of the Edu- In America, he noted, “the    
»w cation Amendments of 1972 banning orderly change of law" sup-    
n- sex discrimination, Sections 503 and plants revolution.     *1
us 504 of the Rehabilitation Act of 1978 Intense, often painful ex-    E3  
ir- forbidding discrimination against the amination of our values and       -
handicapped, the Age Discrimination directions as a Society has        
ng in Federally Assisted Programs Act of produced a revolution of A         .
3- 1975 and a number of Executive sorts. And even justice  [  ii  .;= "  -.     
ii- Orders—all of these and more (some Holmes might be star.         3 
ras 60,000 pages of new federal require- tled by how readily we  ij        A_,p     _`i?m%_ 
of ments) have paved the way for con- Americans are turning   ,;__            
w, tinuous legal action against institutions to the courts to resolve   `i°'*        
l a of higher learning. our problems. Questions       A V          ‘
IA State governments, too, are getting that once were settled          ,. ._ ;_ in
ral €0\1gh€I` in their dealings with colleges  ; ,       iw    gl v i 
and universities. Last year, national            -     
aw education groups were disappointed   `_ ;    g ggv ié  W  U 
wo ` when the Supreme Court let stand a     i __
ia- 1976 Pennsylvania law requiring all       L —  *  
nd y federal funds coming into the state to be        ; `i`i  i fi     
by l funneled through the state legislature. "     _ s  A_ ?; F$Y;*    i . I
a E Alamred educators see the Pennsylva— [wl;  _-.- Q  Ki ki g _
on   nian case as a "dangerous precedent" '    . `‘`‘        
ch   that risks politicization of academic re-   gi'?  
nd l search and management. A number of ``'`   _ /   ;
in- { other states have passed or are consider-   _  jg Ei  
of I ing similar legislation, although most  i `
A have worked out compromises or ex- 4
‘he emptions with their colleges and univer— ,,7   4_  
17 i MCS- t   s‘·· I  w z-*’If’i   A
ies     "
1 ` E .
.>’;-   ak ii  
I ellusirohon inn wcluscoll        
i   ,‘l.   °

 l 2
 1*;* ’i e • • • ,
L    No ochvity of the college is now  
• • •  
mvulneroble to intrusion by the courts.   Ig;
i yy
4 i
through accommodation and compro- emed their own delicate enterprise with said that one-fourth of the complaints el at
mise are now taken into the courtroom. a complicated balance of understand- filed with OCR involved higher educa- ur
The number of civil suits filed in federal ings, intuitions, and subtleties, We ti0n_ ‘ cc
courts doubled between 1960 and 1975, granted our institutions of leaming And headline-producing discrimina- , (if
with the Supreme Court’s caseload al- legal exemptions and immunities. And tion suits are only the tip of the legal ice-
most tripling in ten years. Newsweek, in the rare instances when colleges were burg for academe. With unionism a vc
echoing Holmes in spirit if not intent, brought before the bar, the courts de- growing force on campuses, universities Su
calls the mounting influence of law on ferred to academic judgement as a mat- increasingly find themselves in court SG
American life simply “one of the great, ter of course, asking not whether an ac- over labor practices. Students, aroused •v
unnoticed revolutions in U.S. history." tion taken was wise or correct, but only by the consumerism movement, are
The results of this revolution are now whether it had been taken with due suing because their courses do not meet m
being noticed. They involve in many authority. their expectations. Tax-exemptions are Sli
cases the wholesale re-weaving of what No longer. Beginning with World being challenged. Even playing rock ; Y`
one jurist calls "the intricate web of re- War II, higher education abandoned its songs at a student concert can be d
lationship between people, government, "splendid isolation" and became an ac- perilous, as Harvard discovered when it 1 . (
and institutions." Some see dangers in tive participant in the day-to-day affairs was recently sued for violation of the ln
that. Donald Horowitz, in his book The of society—from conducting research 1976 Copyright Act. m
Courts and Soczlzl Policy, worries about under contract to training special con- EO
the consequences of accepting narrow, stituent groups like the veterans. Col-  
piecemeal judicial solutions to what are leges and universities were declared by a • . la
complex problems of national priorities. series of Congresses and Presidents to be IndIVIdU¤| SU
And he asserts that judges arc gener- a "national resource" and universal sl
alists, not specialists; they cannot fine- higher education became a national udminisfrqfofs qfé E);
tune their decisions to fit the special re- goal. Federal dollars in ever-increasing
quirements of one, specialized area of amounts flowed to the campuses, The novv   personally w'
American life. more deeply colleges and universities Cc
Because of its unique structure and became involved in helping society to   in \\ ‘_  
purpose, American higher education meet specific goals and the more depen- ` _
has been remarkably free over the de- dent on government funds they became,   fu
cades to chart its own course. This free- the less persuasive was their claim to im- some cuses • .  ` ll t
dom grew out Of a notion as old as the munity and apartness. ‘ .. !  aj
first medieval gatherings of teachers Today higher education fares little of E
and students: that the law cannot pre- better than big business in the number (
sume sufficient knowledge to guide and range of lawsuits brought against it. "The range of problems facing us is , m
scholars in their search for truth. High- The provisions of the 1964 Civil Rights absolutely enormous," says Norman L. ` m
er education was a world apart, a re- Act barring race and sex discrimination Epstein, who, when he was vice chancel· wl
public of scholars. Even the word in employment, for example, did not lor and chief counsel for the California  
uruixerszty comes from the Latin Univer- become applicable to higher education State University and College system, di- y ‘
sxtas, which in Roman law denoted a until 1972. But less than two years later, rected a staff of some 14 lawyers. He V ar
self—goveming corporate unit. there were already more than 1,600 says his office’s workload is divided into j CC
Until recently, Americans fully sup- charges of sex discrimination alone about 30 functional areas. "We used to I df
_ ported the idea that universities gov- against colleges and universities on file say, in recruiting new lawyers, that we bz
  with the Equal Employment Opportu- handled just about everything but ad- Ca
nity Commission. This past fall, the di- miralty law. Now we handle admiralty _ gc
rector of the U.S. Office of Civil Rights as well." { YC
Indeed. There is virtually no area of   YC
higher education that is not now vulner- g
able to court intrusion. Consider some  
of the major legal battlezones. i
4 l

     jg   _ i_ ,_
=   ,,;u _ 4 ».,  e  ° A  
  —- · r ·’     r .     i
.  " ° . ¢— 1 :”~<·  .
’ *¥\ T. . .  tp-     ` E
¤¤$Um¤l’l$¤‘\- MOH? and m0r€ iubilify. Colleges and universities H        l_     y,.   _  
students are $UlHg to Hlakfb were Once shielded even from I, if  A i Pa;   _ i i    p l   
their colleges more account- lawsuits arising out of negli- 2 J W  if     I Fr?  i i w f ill  i
V able, or to get information they gence. The rationale of the     i A I     = li i"  
1 think they are entitled to, or courts was that public institu- ~_--\ ,   /0   l
,. because they feel they didn’t get their tions, as units of government, were im- __' _ ,,.5,%}   i `
l money’s worth. And on many campuses, mune, and private colleges were chari- ; _ .2 ti sh _ .   _ V. V . ,
- the students have free or inexpensive table institutions providing education at » i  ~l*··   " $’_ i·/°’j·'s—_ if . l
" legal assistance. The legal service at the less than cost, and thus needed their _ .—v,     S. ._ H `i Pl   E _‘  
University of Maine at Orono, for ex- assets for good works.     2 'i _~°,l_i‘gg   `_ '_,’i‘ ·. ` ` {
us 4 ample,. handled 73 cases against the Such immunity, hard to imagine in    ‘f% - ~ » ¥_,%0»*’,Qj- I     .   A
_a_ university last year. Here are some re- our litigious age, has crumbled, as ns- ”MH§(·~é·-’£p;.      ,>_· “ i
V I CCIII examples ·Sl1OW"lI`1g the wide range ing insurance rates show, At the Univer- g         {-_ _·’ lp 4  
'a_   OfCOI1Sum€rSu1tS2 ‘ ' sity of Michigan, for example, IIISUI'- ii   U @/5.; /   [QV;}   // J ) ,_._    
_€_ t • Students at George Washington Un1- ance costs jumped by more than 470 per   .·_` [:51gjg  /   `* 5 J! _  
' a versity and the University of Bridgeport cent between 1968 and 1976. Liability     , `f""’“"J3—’ ,   ·_   1
ics sued their institutions because they said coverage, to protect the instituition and · c ” " ` ;   I , I ‘
In , courses they took were "pure Junk and its staff from personal injury and dam- vf r ·· * ( , _
Bd , “worthless." I age suits, skyrocketed by an amazing ’~ ;  
rm i • IA Penn State graduate student dis- 2,875 per cent (from $104,000 to $3- 1
ict   missed for poor academic performance million) in the same period. .
rc j sued because he claimed the decision _
’   was too subjective. ·~ , ‘`‘`   " o  
gk   ' A group of Northwestern medical stu-     M d •
ii   dents filed suit over a 57 per cent tuition _ A -a . ·€~» O       ¤   S u I n g  
he {1 increase. They said the hike violated an
  implied <>¤¤¤¤¤¤ in thc ¤¤¤¤g¢’S ¢==¤¢¤l¤s I`“¤|(9 colleges H10 I`6 CICCOU I11'¤ ble .
Qi to keep fee increases "reasonable."
_   • A graduate of Southern University's  
_   law school filed suit after failing the
i state bar examination three times. He Negligence is defined very broadly in University, says individuals "may be in-
; claimed that the school had not pre- some cases. A Marquette University law volved . . . for anything from searching
· pared him to take the test. student sued because, he said a "mine- a dormitory to non-renewal of a faculty
• Eight Vanderbilt doctoral students control" course offered as an aid to member’s contract." Perhaps more sig-
won $30,000 in damages because a study threw him into a deep depression. nificant is a 1978 Supreme Court ruling
‘ court agreed with them that a manage- Delaware Valley College is trying to which makes "local governments"
ment program they were enrolled in was overturn a $1-million negligence verdict (hence, public colleges and universities)
"hastily embarked on, vague, and ill-de- in a case involving an auto accident liable for violating an individual’s
fined." which left a student a quadriplegic; the rights; previously, only an individual of-
7% Not many court battles in this hazy accident occurred on a return trip from ficial could be sued and the school, as a
  area of consumerism are settled in favor an off—campus class party at which beer branch of government, was immune.
(lo of students, but the growth in the num- was served. San Diego State University Now damages can be collected from the
~ ber of such suits, and the willingness of has been sued in the rape and murder of institutions, which, says Marion
L is , more and more courts to hear them, a coed in her dormitory room by a non- McGhehey, executive secretary of the
L.   may signal that a legal definition for student. The dorm room door was not National Organization on Legal Prob-
EL what some are calling “academic mal- forced, and the dormitory was shown to lems in Education, have ‘“deeper
Jia ( practice" is on the way. Already, courts be safe, but the court ruled that the uni- pockets to dig into."
di_   have come to view catalogs, bullet1ns, versity, in being aware of a chronic pat-
HC i and other publications as part of the tern of violent assaults on women in the
no 1 contractual agreement between the stu- university community, should have
to dents and the university. Sheldon Stein- taken "respons1ble precautions to re-
we bach, of the American Council on Edu- duce the. hazard and hto protect the
ld_ cation, warns, “If you say this course‘1s residents 1n the university dormitories,
phy going to do something and it doesn t, or to warn the students, or to train the
’· you’ve got a potential legal problem on students to protect themselves."
Of   your hands," Individual administrators may be
Cp ? held personally liable in some cases.
me i Robert Bickel, counsel at Florida State
` 5

fhleilcs. Title IX’s ban on sex 'tyirjjici °a°¤i.ch_ Docs the First l ‘
discrimination is revolutioniz- ’l`$`$'l'l• _ Amendment eover what
ing ¢<>1}¢gi¤¤¤ ¤¤h1¤¤i¤¤ and ‘ might be called ··the iight of i
generarmg a hoer of Prob'   inquiry"? Scholars hope so  
lcms. m3¤Y of which ¤f€ ii¤d· if - because they feel that new
A ing their way before courts and govern-   - and proposed guidelines for federally E bt
ment agencies. In the eight years since lx} V i J \ sponsored research violate such rights.   tit
thc act’s p¤S§3g€. b0ti1 1’¤€¤`S and » . q'     i For example, proposed guidelines to va
womerrs athletic associations have filed _ , i _ » * \ . protect human subjects in social science I fc
suitlto pilod'Hl£W iilitcé spellingrrotit     I   g   ~ and humanistic research have produced l sn
€i$€ Y W ar 15 mifm € rm er it € · . 3 .   ,_ Pg outrage in the academic community be-
Much of the confusion surrounds the     _     ·\ ·.=_; ; cause they require researchers who in_ ar
applicabilityi of Title.IX to interco1le— ·,,   i`    __ ,y·y[/ia} tcrviewi Study, Observe, Oi, merely talk i ;;
grate athlctlCS. P¤T¤€¤larlY revenue' l         ‘   A   to human subjects to submit projects to Oi
prciaducirig spoiitsllilke fgotball. i d d .. . ,"'   -   the same kinds of peer-review boards T wl
t issue is w et er ongress mten e ’   _i or  S W   . that biological scientists do. Duke Uni- li
uanlf edllearlon Program or aerlvlrll re' ~        li e versity political scientist james David in
ceiving federal financial assistance" to ` gi ·‘’_      at Barber suggests such a regulation would Oi
mean $PorrS aenvlrles whleh do nor      l     `v-~- “  _ mean that he “can’t go out and talk with tli
themselves receive federal dollars, but \  ·__     some political candidate and note his or W,
wiilichl dig] bring in moncyhfcr thi 3 her views without going through some tc
sc oo s. omen's groups say t at equa _. ‘ J HEW Prior Ccnsorshiptll ca
oPPoro·mlrY means just mar; ¢q¤¤1       A A   The right of the researcher to confi— tn
S€h0lPt1‘Sh1pS. equal g‘f¤t1t5ji¤·¤1d» €q¤¤l , ,     ._     dential notes and records is also being ta
coaching staffs and facilities, and equal . V. _; tl  P    challenged, and a case Soon to be dc.
average eXPendlmreS per smdene In ln' .l’ {_   V `       cided by the U.S. Supreme Court raises S
Snmnons wrm blg‘rlme arllleoes Pro'     A       the question of whether the public has al
grair(li$·b$oeh an erilnallzanon Proeess   or if   the right to see raw research data (in in
eon e enormon$Y eXPenSlVe· esPe' federally funded projects) under the t-
qiailv S¤¤¤¢ w<>m¢¤`S Spws w¤¤1d mir ;il";;ii;’?’a‘i;‘     Freedom of Information Act. ihepievi- Sl;
. likely pciodtgce revgiiiiie the way men lj Rcismagl Calils Utmde union ous case involving confidentiality, judge nt
$Porr5 o· ome msnmrrons Wir . B. Renfrew said: "Much of the raw data
· · · - l1t " has also led to a . C2
malor mrereolleglare arhlene Programs mcnla y. on which research is based is sim l n t .
have hired a Washin ton ublic rela- Pmllfcralloh of legal Problems m d ‘l b py 0 h'
_ g P_ f n d . . . C i b. a e ava1 a le except on the pledge of t
tions firm to represent their interests in Ohm gges an uhlverslllee o nm la fd ‘ l· ·  
the legislative and regulatory arenas University tried to cut its budget by fir- Sigia emlaxinogsrggggiign igggsure Jn
* . . . . . . . I`€- ,.
Meanwhile. athletic equality has al- mg a grciuli of unwirslliy inalqi They search into uestions of ublic oli ci
ready become a court issue. A federal S;°diJ¤l==¤m{¤g Sex dleerlmlh*;lhoh· and the very Subjcgcts in whjchlihc pugiic   li;
district court last year ordered Michigan l e nlvcmty was Compe lc to keep terest is the greatest " l
State University to give its female bas- the malds and pal] $l00·000 in {eee  i _ re
nketball players the same amount for The _DeParrmenr of Labvr nad $¤€d F i W ( / to
transportation as it gives its male varsity henver S Regle College ro roree rr ro PaY r . ·   ;
nlaycta And last November, the justice its. student residence-hall counselors the   ·  ·   ., . A _ 
Department took its first legal actions rhlhhhhm wage (and oael"PaY_ allow` lu ` 4 *· - .   r l,  I
untlct Title IX by moving against Texas ances). Regis argues that ithe residence- ¤ _' i . .
A & M University and the University of hall Program le an eelnearlonal Program U   A if il
AlaSlta_ Charging tbam with disCrimina_ for the students and they receive tuition, i_ r af in
ting against female stndanta room, and board rebates. The case V `     V •
could have significant implications for ‘ it .  __ tj  g V Il
J higher education.    \_   V V     ~ ,,
\‘ So could the Yeshiva University case K   A     Y ,l C
i recently decided by the UZS. Supreme   ii  ’   .  
i Court this year. The National Labor j igs  
` Relations Board ordered Yeshiva to rec- *     V.; *—   i
ognize a faculty collective bargaining '  I    
unit. Yeshiva went to court, claiming [ ·`     ~ i
that faculty are part of management i [   _   i
since they share in decision making in-   l i i
volving curriculum, hiring and promo- / l` `TT“ r ;-    
tion of faculty, and setting and enforc- / `
ing academic standards. A victory by / / — l
Yeshiva could have curtailed unioniza-
tion on all private campuses.

l .
st uculfy hiring ¤nd promofions. Coping with increased litigation has agencies, commissions, boards, and
it . A decision rendered in the 1974 become very expensive, and costs are quasi-judicial bodies with jurisdiction
af F case of Faro vs. New York rising rapidly at a time when colleges over some aspect of higher education.
io   Unzixersity stated: "Of all fields and universities are already struggling "Proceedings can be quite complex, and
W which the federal courts Should to make ends meet. Stanford is probably the legal sanctions these agencies may
IY 5 hesitate to invade and take over, educa- typical: its legal expenses have quad- invoke can be quite substantial,” says
$· l tion and faculty appointments at a uni- rupled in less than a decade and now ex- Professor Kaplin.
[0 _ versity level are probably least suited for ceed $l—mil1ion annually. Even at small, The cost is not entirely monetary
?€ ~ federal court supervision." It is a mea- non-resident community colleges, an- when the courts intrude into academe.
’d 4 sure of the swiftness of change in this nual legal bills of $200,000 are becom- In peril is the right of colleges and uni-
B‘ area that the Faro precedent has al- ing commonplace. versities to decide for themselves such
T ready been substantially supplanted. A Preventive measures consume much matters as academic standards, hiring
lk . year ago Christine Sweeney, a professor of the money and considerable staff and promotion policies, criteria for ad-
[0 of education at Keene State College, time, as administrators (now personally mission, and various intemal gover-
is l won a sex discrimination suit in which liable) try to avoid potential lawsuits by nance practices. judges and juries are
fl' she charged that she had been denied a checking decisions and policies against more and more ready to intervene in
ld full professorship unfairly on two preyi- the mountain of state, local, and complex academic and managerial is-
id ous occasions. Perhaps more important federal regulations that govern their op- sues, and, as they do, institutional I
ih than the fact that she was the first erations these days. Shortly before he re- autonomy is eroded. For example:
Jr woman to win a faculty promotion or signed as president of the University of • A judge in Pennsylvania recently
lc tenure case. was the court ruling that Cincinnati, Warren Bennis com- awarded tenure to Connie Rae Kunda,
called into question the "hands off" atti· plained: "I find I must consult our a physical education instructor at Muh-
E` tude that earlier courts had taken with lawyers over even small, trivial deci- lenburg College who claimed discrimi-
lg respect to faculty promotion cases- sions. The university has so many suits nation because she had not been told
C' The ink had hardly dried on the against it now that my mother calls me the full requirements for tenure at the
ICS Sweeney