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2973

MINUTES OF THE UNIVERSITY SENATE, MAY 7, 1970

The University Senate met in called session (at the request of at
least 10 University Senators) at 4:00 p.m., Thursday, May 7, 1970 in
the Court Room of the Law Building. Chairman Plucknett presided. Mem—
bers absent: Lawrence A. Allen, Clifford Amyx, Albert S. Bacdayan, Lyle
N. Back, Wendell E. Berry, Norman P. Billups*,Richard C. Birkebak,
Wallace Briggs*, W. Merle Carter, Robert E. Cazden, Carl B. Cone,
William B. Cotter, Raymond H. Cox, Glenwood L. Creech, Marcia A. Dake*,
Jesse DeBoer*, Ronald W. Dunbar, W.W. Ecton, Joseph B. Fugate, Stephen
M. Gittleson*, Harold D. Gordon, Kenneth J. Guido*, Jack B. Hall, Wilburt
D. Ham*, Holman Hamilton, Rebekah Harleston, James W. Herron*, Dorothy
Hollingsworth, John W. Hutchinson, William S. Jordan Jr., Louis J.
Karmel, James A. Knoblett, Walter G. Langlois, Stephen L. Langston, Harold
R. Laswell, Robert Lauderdale Jr., Paul Mandelstam, Joseph L. Massie,
Leonard McDowell, L. Randolph McGee, Alvin L. Morris, Dean H. Morrow,
Thomas M. Olshewsky*, Nicholas J. Pisacano, Muriel A. Poulin*, Daniel
R. Reedy*, Thurlow R. Robe, Harold D. Rosenbaum, George J. Ruschell,
Doris M. Seward, Gerard E. Silberstein, Otis A. Singletary*, Eugene J.
Small, Emily V. Smith, Herbert W. sorenson, Leonard P. Stoltz, Robert
H. Stroup, John N. Walker, Raymond P. White*, Cornelia B. Wilbur*,
A. Wayne Wonderley, Kenneth R. Wright.

The Senate approved a recommendation to allow the students then
in the Court Room to remain and directed that the doors be closed and
no more students be admitted.

The Senate granted permission to John McGarvey, Carl Loveday,
Randy Meyers, Jan Fisher, Larry Patrick of WKYT—TV; Ferrell Wellman
of WVLK Radio; David McGinty of the Louisville Times; Sy Ramsey of the
Associated Press, Frankfort; Charles Bowen, Associated Press, Lexington;
and Ken Weaver of the Kentucky Press Association,to attend report and
photograph.

Steve Bright, President of Student Government, addressed the Senate
as follows:

It is very much against my better judgment that I do this;
however, I have been asked by several members of this body and several
members of the faculty to appear before this body and, before there
is any debate, to explain several things which people have said
that were either misrepresentations or at least were things which
were not completely clarified concerning my actions of the last
few days —— things which I should explain only as an explanation —-
not as an apology to this body since I am a member of this body.

As I say, this is against my better judgment, although I have been
told that it would_he a grave mistake if I did not do it and, taking
the counsel of those who advise such things, I would hate to make
any more grave mistakes.

Let me say first that most of the things I say I feel I have
thought out enough that I don't necessarily have to explain my
rationale behind saying each one. However, there have been a couple

*Absence explained

2974

Minutes of the University Senate, May 7, 1970 (Cont'd.)

of statements that I made in the last couple of days that several
people, who have been particularly close to me when I was agonizing
over these decisions and making the final decision, have felt I did
not, clearly, at least, explain to those who were present —— the
thought process, the rationale behind a couple of the decisions
which were made.

The first statement which I would like to clarify is the one
concerning the burning of the Air Force ROTC Building last Tuesday
night. I said, and I thought I had made it quite clear, that I felt
the situation at that time was one in which there was a very grave
possibility of the loss of human lives or at least serious injury
to very large numbers of students at this University. I stated
that considering this alternative to this property damage, the
destruction of a very old and outdated building was obviously the
most desirable. I did make the statement that we should be glad
this building burned and I said that simply because I felt that
the only other alternative was a confrontation which would have been
otherwise unavoidable.

The second statement was one relative to cooperation with the
President of the University. Let me say that my respect for the
President has grown with each day that I have worked with him. At
the same time this does not mean that I am bound to support each
of his decisions regardless of my personal views. I thought very
seriously and for a very great length of time about the statement
which the President of the University of Kentucky made to members
of the University community yesterday at 1:00 p.m. It was a very
long and thought out decision but I felt that the rights and
freedoms of the students were perhaps more important than cooperation
in that instance. The position I was in at that time and the official
position I hold relative to students of this University left me no
choice but to be there with those students at that time in order
to maintain rapport —— I do have rapport with some ——or did —- I am
not sure it is still there —— with the police, some of the University
officials, and the students.

I would also like to explain, in closing, my arrest a little
bit earlier today. My role of this morning was to help students
and try to keep them moving as we tried to leave the area near
the Student Center Patio. For this reason, I was in the very back
of the line which was leaving and which was, I thought, moving
quite rapidly —— you may disagree with me if you choose —— towards
the grass in front of the Lexington Theological Seminary. It was
obvious that I was going to be arrested when on several occasions
I was gouged by one officer who had a rifle and another one who had
a riot stick. Finally, I was shoved into the individual in front
of me and, in pointing this out to the police in what I thought was
a reasonably polite manner, I was arrested. I would like to make
it clear that I did not resist the arrest at all and I did go to the
station. I would like to express my very deep appreciation to Jack
Reeves for getting us out of jail just a few minutes ago.

I would like to say, in closing, that I do think there was no
justification for my arrest. In my own mind there was not. I think

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the students were leaving campus and were cooperating

in every way possible with the decision of the University for
the students to leave campus at that time. I feel very strongly
that had there not been any police action in several instances,
many of the problems which we are faced with right now would not
be before us.

Thank you, gentlemen.

Professor Drysdale, a University Senator made the following statement
and motion:

In view of the current situation of partial suspension of such
rights as free assembly and in order to test the application of
repressive sanctions, I move that the University Senate recess
immediately and reconvene this meeting on the Student Center
Patio at 4:30 p.m. today or as soon thereafter as possible.

The Parliamentarian ruled that the motion was one of recess and not
debatable. By the required majority vote the Senate defeated the motion.

Dr. Stanford Smith, a University Senator, made the following remarks
and motion:

Most of us are aware of the events of the past few days on
the campus. Some members of the Senate have been present at
various times and observed some of them, others of us have heard
press releases. All of us, I think, can relate the sorts of
things that we have been hearing and seeing —— the rumors
that are floating around —— with the sorts of events that we
have seen on our news media, in our magazines, and in our
newspapers over the past four, five or six years. Many of us
are very worried. I was one of the people who signed a
petition requesting the meeting of this body. There are some
people here who would like to pass petitions condemning somebody
or some group; there are other people who would like to pass
petitions, motions, or resolutions supporting somebody or some
group. I have been out seeing what is happening and I don't
believe that we can afford this kind of luxury or that it
will get us anywhere. I think a case can be made to document
the fact that there is escalating violence on this campus. I
think we have seen elsewhere the results of this kind of conventional
escalation.

I would, therefore, like to move the adoption of the following
motion by this body. There are mimeographed copies available
to be passed out to you. I move the following:

In view of the escalating violence of the events of the

past two and one—half days and the increasing likelihood

that serious injury and/or loss of life may occur, the
University Senate hereby strongly recommends to the President
and the Board of Trustees cancellation of all academic activities
for the remainder of the spring semester. Such activities
include final examinations and Commencement programs. In—

2976 Minutes of the University Senate, May 7, 1970 (Cont'd.)

structors shall give students the option of receiving a grade
based on work completed as of this date or of completing
their course requirements at a later date. Commencement exer— l

cises will also be rescheduled at an appropriate time in the hgﬂ’
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I make this motion with only one purpose in mind —— to save lives. 1
Thank you.

Dr. Weil, a University Senator, gave the following resume of what he
knew personally had taken place on the campus:

I have tried to make a brief resume of what has taken place I
on this campus —- what I know of, personally. I know a good bit of
it but not of everything I am sure.

I was present at the altercation last evening between 5:00 and ‘

7:30 p.m. —— and have been around the campus pretty much this after— 1
noon. I was not present Tuesday evening but I have talked to a '
number of witnesses who were there and I thought that for the ﬁ@
benefit of those people who have not been present at some or all 4 ﬂ'

of these events, some indication of what has taken place might
provide good background for this motion Stan has made. So, with your
permission, I would like to go over this briefly. l

Things appear to have started on Tuesday afternoon in the Office ;
Tower Plaza when there was a peaceful meeting of the students T
before the Board of Trustees' meeting. There were some students
present in the Board meeting and after the Board meeting, there
was a brief altercation in the corridor of the 18th floor of the 1
Office Tower in which a student was struck and there was some i
scuffling around. Up to that point nobody had been hurt in any way
and I believe there were no arrests made.

In the evening of Tuesday there was a mass meeting and then a .

march around the campus. Following that, there was a rally or meet—

ing in front of Barker Hall, the ROTC Building next to the Administration ﬁéh.
Building. State police finally came in and stood between the students "4
and the building. There was some rock-throwing before the police ar—
rived and, as I understand it, more rock—throwing after that. Some i
students were arrested at that time. One student has been hospitalized. ‘
A graduate student in Physics was attacked by some vigilante foot—

ball players later in the evening after being roughed up by the ]
police in the parking lot next to the basketball Coliseum. The 1
event in front of Barker Hall, as you heard from Steve, was terminated .
precipitously by the burning of the Air Force ROTC Building about ‘
a block away——but that was a separate event.

The next day, Wednesday, there was a meeting in the Student Center 1
ballroom at which President Singletary announced that there would 3
be no group meetings allowed after 5:00 p.m., on that day. At 4:30 p.m.,
again in front of Barker Hall there was a meeting of a group of students. ‘
The state police had been on campus since noon but they were not w
too much in evidence, except that their cars were parked on the driveway m
near the Administration Building and there were a couple of them standing

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Minutes of the University Senate, May 7, 1970 (Cont'd.) 2977

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outside the ROTC Building. Shortly before 5:00 troopers were
standing in semi—formation on the steps of Barker Hall and a few
more standing around across the driveway. At 5:00 p.m., the cut—
off hour according to President Singletary's announcement, no
action was taken by these police to break up the meeting. However,
a short while later a proclamation by Governor Nunn was announced by,
I believe, theColonel of the state police that a state of
emergency had been declared and that there would be a curfew at
7:00 p.m. It was also announced to all those present at that
time, that the National Guard had been called out, that they were
on their way, and that they were coming with live ammunition and
fixed bayonets. At about 7:00 o'clock the state police commander
read an announcement three times asking people to leave, and

to obey the curfew, and, after the third reading, about

eighty state police, who had walked in a few minutes before and
lined up in rank in front of the Armory, swept out rather rapidly
and moved the students off across the grass to Limestone Street.
At that moment two or three students were arrested and in the
course of the next couple of hours, I think a total of seven
students were arrested. There was not an attempt to arrest all
of the students. They picked one person out of a group and took
him down to the County Jail. The National Guard came on campus
at about 8:30 p.m. I wasn't here at the time but I was crossing
Broadway, heading toward the campus. I did see them going

around the campus shortly after that. That ends what I know,

at least of the events of Wednesday.

On Thursday, there was a noon meeting on the Student Center
Patio —— students peacefully congregating. State police came
down. At 12:00, I believe, the Governor issued another announcement
of a state of emergency and said that although academic affairs
would continue on the campus, all visitors were asked to leave
and that only people with appropriate business on the campus
could remain. To my knowledge, there was no general announcement
that meetings could not be held —— or that groups could not form.
However, this group by the Student Center Patio, was approached
by the state police at about 12:30. The police told them to
clear out, to break up their group and, as Steve has told you,
as they were moving off the police rushed and arrested about a
dozen students. Of these, one has been hospitalized. It is apparent,
if you look over the list of students and if you saw who was
speaking the day before, that the police were largely picking
out those students who had been active and who had been vocal
in the past day or so. I have been told that many of them
had sheets of photographs in their hands to be sure they got the
right ones and that they were very carefully ignoring other people
who were standing around. There were a lot of people there.

And there was no attention paid to most people who were there
as only a few, like Steve Bright, Peter Mitchell, Lou Colten,
were being sought.

After this arrest, there were still a lot of people standing
around, people with short haircuts and so on, and the others slowly
drifted back in front of the Patio since there still had been
no announcement that students could not assemble.

is 2978
J

Minutes of the University Senate, May 7, I970 (Cont'd.)

I was not there for the last episode of which I know, which
occurred about 3:00 o'clock. Apparently the National Guard marched
down from the Armory with gas masks on from one direction, the state
police came down from another direction and tear gas was sprayed out
from a back pack machine on one of the National Guardsmen. An
unknown number —— unknown to me —— of students and at least two
faculty were arrested at that time. There was no request by
the troopers or by the state police, so I am told, to disperse;
there was no announcement that meetings were allowed. In other
words, the right of the students to assemble peacefully was carried
out forcefully without any chance for them to acquiesce with any
new proclamation or demand of the administration or the Governor.

In summary, I would like to point out the following things.
As far as I know, since Tuesday night there has been no violence done
by any of the students. There has been no rock—throwing. The students
have not been engaging in name calling that I have heard, and I have
been around at most of these demonstrations. Stan has just handed
me a slip here that says that an attempt was made to burn a second
building at about 2:30 a.m. this morning. It was not destroyed.
It also says that there have been more arrests. Pat White in the
English Department has been arrested. I think he was one of those
who was arrested just after the gassing attack. So, to return to
my summary, since Tuesday night, there has been no rock—throwing
that I know of, there has been no name calling that I have been aware
of. The students have been exercising their right to assemble
peacefully and all that I have observed —— and I would say that I
have seen about 75 per cent of it —— has been very, very peaceful.
They have not been provoking the police as one has heard is often
done on other campuses. But they have been talking, often arguing
among themselves —— they are not always very unified —— but they have
not been planning violence, they have not been advocating violence,
and they have not been committing any violence. I don't think it
has been established that the burning of the Air Force ROTC Building
was, in any way, connected to the demonstration on Tuesday night
in front of the other ROTC Building. A person has been arrested
according to newspaper reports but there has been no statement
from anyone in any position of authority that the burning had anything
to do with what the student group was doing on the main part of
the campus. The students have been exercising their right to
assemble over the past two and one—half days. Most observers seem
to agree that this right would not have been used so much if it hadn't,
since Tuesday night, apparently been questioned. If police hadn't
been coming in and trying, increasingly, to break up the meetings
of the students. Tuesday night, observers who were there said that
at least half of the students had drifted away; that the group was
breaking up before the state police came in in front of the ROTC
Building. I don't think that the large groups of students would
have assembled today down on the Student Center Patio if they
hadn't known that the police were up the hill a hundred feet away,
waiting, for the purpose of coming down and telling them to leave.
The students, after the first attack, wouldn't have come back to
aggravate the situation if they had known that the police had left
the campus at that point, but they knew that they were there and
they wanted to assert their rights. I think everybody feels that

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Minutes of the University Senate, May 7, 1970 (Cont'd.) 2979

he has to stand up for what are his proper rights and the right
to assemble peacefully is certainly a proper one. So the pattern
has been that the students have not been committing any violence
but that what violence has taken place has come because the
police and the state troopers have moved in to abridge the right
to assemble.

The motion that Stan has made is a way to get us out of this
situation where the students feel that they have to assert
their right to assemble —— and the administration and the Governor
feel that they have to assert their right to protect the property
on the campus. It seems to be a collision course between these
two groups and the only way that many of us see out of it is to
dismiss the University at this point. There are only two days
of final examinations left. It isn't much to give up to prevent
the possible violence that can occur and has occurred on many
other campuses in the country.

The Chairman reminded the Senators present that they should recognize
that much of what Senator Weil had said involved personal judgment
and interpretation of facts and that, in all fairness, other persons
with a different interpretation should be allowed to speak if they

so chose.

Dean Denemark, ex officio Senator, spoke to the motion on the
floor with the following remarks:

I wish to make it clear that my support for the calling of
this meeting was not, in any sense, to create a situation which
would further polarize groups and points of view on the campus
or which would attempt to assign blame to individuals on any
side. Quite the contrary, I wished to provide some opportunity,
some environment, within which the faculty administration and
representatives of the student body might indeed reflect on
what are some of the concerns and some of the consequences. I
also supported the calling of this meeting because, in talking
with several faculty members of the College of Education
earlier today, I got from them a considerable sense of frustration
about their role, and their inability to see positive, constructive
things which they might do to help improve the situation on
this campus. They were looking for ways in which they might
make a contribution and it seemed to me that this meeting
perhaps might at least lead us in the direction of reflecting
on those possibilities.

It is my strong conviction that rather than deploring the
actions of any others, rather than trying to assign blame and
say that this precipitated that and this preceded that, we
might well take some time to say "What can we, as faculty members
and administrators of the University, do, not only in the
immediate circumstances, but in the months ahead, to deal construc-
tively with these kinds of broad national and state concerns,
and also the concerns of government involvement in the decision—
making on this campus.”

2980

Minutes of the University Senate, May 7, 1970 (Cont'd.)

made

In this context, then, I should like personally to support
a portion of the motion that is before us; to suggest the possibility
of other additions; and to restrict the interpretation of one
aspect of it. It would seem to me, and I think to some of my
colleagues, that it would be desirable to make every effort to
keep the University open until examinations are completed; that
it be closed when they are completed, and the Baccalaureate and
Commencement Exercises and all other organized programs connected
with Commencement, be cancelled. Some say Commencement carries with
it an important symbolic kind of culmination of the year's activities
—— that it is important to parents and students alike. I would not
quarrel with that but I guess I would simply say that the potential
it creates in a situation for further confrontation, for the
possibilities of violence, for polarization, is such that, in my
judgment, we simply should not risk that possibility. So I would
support that motion.

Going beyond that, I would like to urge —— and it is somewhat
in the context of several reports over radio and television earlier
today —— that we look ahead, that we recognize that maybe indeed
this is the time to lay down the bricks and the stones and recognize
that if we want to make a difference, if we want to have an impact,
if we want to change things, we had better recognize the orderly
electoral processes —— the influence on the ballot box, the election
of persons who represent the points of View that we think are desirable
and important and significant for our country. In that context,
then, I would suggest that we consider the rearrangement of the fall
Calendar of this University to allow early in the semester and, hopefully,
before trouble begins, for faculty, administrative, and trustee
involvement in discussions that concern some of these broad national
and state political matters and that concern also more effective
communitcation and more effective internal governance at the University
of Kentucky. I would also suggest that we consider adding to the
motion before us a statement which provides for immediate faculty
involvement in the evaluation of the necessity for the continuation

of armed personnel on the campus —— specifically, the National Guard ——
and, again, I say evaluation —— not determining on our own the removal
of that personnel —— and that we propose the establishment of a joint

committee to identify those conditions necessary for preventing
future breakdowns in University life. It does seem to me that it is
important, not only to look at these hours but to look ahead and to
recognize that over the long haul, in the process of finding a way to
exercise a significant continuing, non—violent, rational, influence
on the course of national policy, and the course of University

life, is indeed a highly significant thing for us to support and

give attention to at this time. Thank you.

Dr. John Rea, a Senator—elect, was permitted to take the floor and
the following remarks:

Even though I'm going before the mike, I am only going to say
about four sentences. This last speech sounds as though we had
the option of continuing business as usual. Last night the students
who had scheduled tests were ngt_permitted to take those tests. Last
night those of us who wanted to work in our offices, as lots of us

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Minutes of the University Senate, May 7, 1970 (Cont'd.) 2981

do —— grading exams and making new ones —— were not allowed on

campus to do that. The Library was closed and students were not

\ permitted to study for their examinations. This afternoon one

w ‘ of our students was forcibly turned away from campus by a guardsman
,. and told to leave campus although all he was doing was walking

9 from his car to the Office Tower to take an oral exam. The

1 difficulty with this student was that he hadn't had a haircut

I for a couple of years and therefore was obviously dangerous and

1 should not be permitted to take examinations. It does not seem
r to me that these are circumstances that are conducive to examinations
as usual.

Dr. Diachun, a University Senator, made the following remarks to the
Senate:

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I arise to Speak against the motion on the floor. I cannot
' disagree with Dr. Rea that these are not normal times. Witness the
I crowd in this Senate. However, I think the times are normal

MWN enough —— and this is an opinion —— to continue with as orderly a
‘ﬂgz. procedure as we possibly can with the main business of the University‘
"H in this last day and a half. In other words, to continue with our

classes, or with our final examinations as the case is now. And,

I have nothing additional to say, really, to what Dean Denemark

said very effectively but I couldn't tell whether he was speaking

against the motion or for it, in view of the fact that he did not

amend it. I think that a good many of us probably are somewhat

indifferent about the ceremonial aspects of a Commencement and I,

personally, wouldn't care whether we continue or not. I have no

feeling about this, but I think we will be penalizing many

professors, as well as students, if we do not continue with the day

and a half of examinations. I will not predict there will be no

violence. I think, however, the violence will occur if people are

. determined to create it. If people are determined to go about their

4 business, to give and to take examinations, violence does not have
to occur. And my conviction is that we can continue as we have this

1 past day and a half. Whether this is a violent period or not

seems to depend on how you interpret violence and I am not

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. of my friends, if there are those who are not yet convinced, that
T we can and should continue with the period of examinations.

Dr. Wagner presented a motion to vote on the previous question. The
vote was 71 to 53 to vote on the question; however, it was not the
required two—thirdsvote required by a call of the previous question.

Professor Ronald Atwood, a University Senator, presented the following
amendment to the original motion:

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In View of the escalating violence of the events of the past two
‘ and one—half days and the increasing likelihood that serious
injury and/or loss of life may occur, the University Senate hereby
strongly recommends to the President and the Board of Trustees

m the cancellation of all academic activities for the remainder
g* of the Spring Semester after final examinations.

Minutes of the University Senate, May 7, 1970 (Cont'd.)

The Parliamentarian ruled that this proposed amendment was a partial
deletion of the motion on the floor.

Vice President Willard, an ex officio member of the Senate, called
the Senate's attention to the fact that there are various parts of the
University that are not confronted with the present problem; that the
College of Medicine academic year does not end until June and that it is
important that both students and faculty continue in the operation of
that College. He stated that the amendment (or substitute motion)
would solve that college's problem if it were adopted. He stated further
that if the substitute motion were not adopted, he would like to
suggest an additional amendment that would solve their problem and yet
let the sense of the amendment stand.

Mr. Jerry Buckman, past President of the Graduate and Professional
Student Association, was permitted to address the Senate. His remarks
follow:

This morning, I discussed with Bob Brecht, who is currently the
president of the Graduate and Professional Student Association, the
status of the campus. Bob and I were both very much concerned as
to the safety of the students and the faculty and we were trying
to resolve the question in some way. We drew up a resolution
very similar to the one that was presented by Dr. Smith. We were
the ones that were responsible for getting the sufficient number of
signatures on the petition to call this meeting. There are some
things that we are aware of that perhaps the faculty isn't aware
of and I would like to make a few of those known.

I know the feeling of some of the students on this campus. I
know the resentment that they feel. I can see within the past two
days the number of people that were at one time moderates who are
now polarized to the point of perhaps not being radicals but at least
siding with the radicals. As of this afternoon there are groups
of people being formed, on the campuses of Western Kentucky University,
Eastern Kentucky University, Morehead, and Murray University, to come
to our campus to support these students. This is going to increase
further the danger that already exists. Some of these students may
well be on their way. The president of the student body at Transylvania
University was in the Grill this afternoon, and in the Student Government
Office, and offered to bring three or four hundred students over from
Transylvania University to support our cause. We have been offered
support by the Lexington Theological Seminary. The poi