xt7sj38khd1h https://exploreuk.uky.edu/dips/xt7sj38khd1h/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 1987-09-03 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, September 03, 1987 text The Kentucky Kernel, September 03, 1987 1987 1987-09-03 2020 true xt7sj38khd1h section xt7sj38khd1h  





UK’s Carwell Gardner struggles to
get back in action. SEE PAGE 2





R.E.M’s latest more madness.
For a review, SEE PAGE 3



Today: Sunny
Tomorrow: Sunny and warm



Kentucky Kernel

University of Kentucky, Lexington, Kentucky

Vol. XCI, N0. 16

Established 1894

Independent since 1 971

Thursday. September 3, 1987


Student government not public, Opinion says

Universities’ student organizations can close their meetings, state attorney general says

Associate Editor

Executive Editor

University student governments in
Kentucky are not required by the
state to have their meetings open to
the public, according to the attorney
general‘s opinion issued in May.

The opinion says that since stu-
dent governments are not created

by state law, their meetings are not
subject to the Open Meetings Law,
wrote Thomas R. Emerson. assis-
tant attorney general.

The opinion was requested by
Chad Carlton, then-editor of the Col-
lege Heights Herald, Western Ken-
tucky University’s student newspa-
per, after one of his reporters was
asked to leave a WKU Associated
Student Government meeting in

Although an attorney general‘s
opinion is not legally binding, it is
often used in an advisory capacity.

The opinion states that "it appears
from the information . . . supplied"
that the ASG is not a public agency
“within the meaning“ of the Open
Meetings Law.

Since the organization was not
created "by statute or executive
order or by local legislative action,"
its meetings are not subject to the


Hang time

Ron Alexander,


an architecture sophomore,
goes up for a layup yesterday afternoon at the

Seaton Center outdoor basketball courts. Warm
weather is expected today and tomorrow.

em “LIAM/W Sta”



U.S. agrees to withdraw warheads

Republic of Germany) consequently
retires the 72 Pershing lAs, we
would, of course, withdraw the war-
heads," Mrs. Oakley said.

Associated Press

many makes good on its offer to re-
tire its Pershing 1A missiles, the
United States will withdraw the
rockets' American-owned nuclear
warheads from German territory,
the State Department said yester-
It declined, however, to specify
whether the warheads would be de-
stroyed or stockpi led for future me.

Replying to a barrage of questions
about the 72 Pershings, department
spokeswoman Phyllis Oakley restat-
ed the U.S. position that their future

“is not subject to any form of nego-
tiation with the Soviet Union.“

“The warheads of the Federal Re-
public of Germany Pershing lAs are
controlled by us, and always have
been,“ Mrs. Oakley said. “They are
part of our program of cooperation
with our West German allies.“

After the Pershings became a
sticking point in U.S.—Soviet medi-
um-range arms negotiations, West
German Chancellor Helmut Kohl
last month offered to remove them
in the interests of a superpower

“If the conditions laid out by
Chancellor Kohl in his Aug. 26 state-
ment are met and the PRC (Federal


Due to a reporter's error, the
article about the A. Paul Nestor
Creativity Awards in yesterday's
Kernel contained some incorrect

Nominations for the award will
be accepted until Oct. 1 and can



be made by faculty, staff and stu-

The two runners-up will receive
only a letter of recognition. Nom-
inations will be reviewed by to



”We really don't get into the defi-
nition beyond that of what would
happen to them.“ she continued.
“They would be withdrawn I am
not defining what withdrawal
means. We are simply saying that
we will withdraw them from the
Federal Republic of Germany."

Soviet officials said in Moscow
and Washington on Tuesday that the
Pershings‘ nuclear warheads should
be eliminated as part of the pending
agreement on medium-range mis-

But Mrs. Oakley said the pending
treaty “involves missiles, which is
the launch vehicle," rather than
warheads. She agreed to check fur-
ther when it was suggested that this
could open the door to the Soviet
Union redeploying on other weapons
the nuclear warheads from the 88-1)
missiles it would destroy under the


Open Meetings Law, the opinion con-
tinues, citing the Kentucky Revised

A public agency, as defined by the
Kentucky Revised Statutes, is “any
state legislative, executive. adminis-
trative or advisory board, commis-
sion, committee, which is cre-
ated by or pursuant to statute or
executive order."

The opinion was based on a 1980
case involving The (Louisvillei Cou.

SGA says it wouldn’

rier-Journal and the l'niversuy of
Louisville as well as a similar Oplli'
ion handed down on the Murray
State University student government
in the early 1970s.

Carla Harris. current Herald Mir
tor, called the opinion "bogus.“
claiming the organization should fall
under the Open Meetings Law since
it "supposedly represents the stu»
dent body" and is partially funded
by student fees.

any of its UK senate

Executive Editor

Associate Editor

Although the state attorney gener-
al issued an opinion that said stu-
dent governments can close their
meetings, several members of L'K's
student government say that proba-
bly wouldn‘t happen here.

SGA President Cyndi Weaver said
policy dictates that the Student Gov~
ernment Association‘s meetings are
open to the public and the press.

SGA‘s constitution states that "all
meetings of the student senate, as
well as its committees, shall be open
to the public. "

Because of the "open meetings“
section in SGA‘s constitution, the
implications of the attorney gener-
al's opinion aren‘t “all that great"
for UK, said Communications Sen-
ator Scott Ward.

Even if someone wanted to revoke
that section of the student govern-
ment's constitution, Ward said an
amendment would be hard to add.

Students need to know what hap-
pens in SGA meetings, Weaver said,
and the only way they can is if stu—
dents are allowed in the meetings.

The opinion, issued by the attor-
ney generals office last May. states
that because a student government
is not a "public agency.“ its meet-
ings do not have to be open to the

A public agency, as defined by the
Kentucky Revised Statutes, is "any
state legislative, executive. adminis-
trative or advisory board, commis-


sion. committee. which is cre»
ated by or pursuant to statute or
executive order. ”

Since university student govern-
ments aren't created by statute. its
meetings are not necessarily open to
the public.

An attorney general‘s opinion is
meant as an advisory statcmcnt and
is not binding by law

Weaver. though. said she believes
that because much of the opt-rating
expenses for SGA conic from state
funding and student fees. there is a
responsibility to keep the inwtings

Since SGA receives about Sumo
from the state as well as activity

However, the attorney gcncral s
opinion says that even though an or
gain/.ation‘s funding may come from
an tllliSldt‘ sourcc such as a state
agency. that is not a dctcriiiiii-
atiyc factor in the application of thc

Whether or not ASti's meetings
should be opcn can be decided only
by ASG bylaws or the organization
w hich created it. the opinion reads

Sec S'I‘l'lfl-NT. Page ‘

t close

ices trom the student body: the sin
dents have a right to know vihnt
their student government is doing.
said SGA Senator at Largc Susan

The press. Brothers said is thi-
medium by which students know
what SGA is doing.

However. the attorney gcncral's
opinion states that the sourcc ot
funding is not a laclor in dctining
what a “public agency " is

:\Sld(‘ from the lcgalitics oi thi
issue. though. Weaver said it‘s iir.
porlant. from a philosophical stand
point. that student government
meetings be open.

l'K is a community. in a sense
\Vt‘JHt'Y said In that regard. student
government should operate at lhi
same manner as any other .‘mcrii

“l can‘t see any reason why sill
dciit govcrnmcnt should t‘\'(‘l' bw
closcd.” said Sciiator .it Largi-
l)a\id Botkins ’ll dclcats the pur
posc ol student government '

Kentucky Kernel Editor Dan llas
sort agreed.

"The opinion completely disrc
gards the purpose of studcnt govern-
ments." llasscri said "('losi-d lilttt‘lr
lugs chcat the students out ol ”it‘ll"
right to have a say in their i‘i-prcscn

SGA Executive Vicc President
Brad Dixon said he couldn‘t really
think iii “any reason why tic would
have to (low a meeting but I‘d 'iintc
toput myscll in a box '

"ll you think about it." llixoii
said. "the ['8 government has a
closed session. but they have things
ol national security to deal “1”] "

SDC preparing for this school year

Staff Writer

The Student Development Council
will sponsor informational booths
around campus today through Sept.
9 in order to recruit new members.

SDC is composed of students who
work with the Development Council
and Development Office staff. a
group of prominent business persons
and civic leaders from throughout
the United States, to promote UK
and help raise funds to benefit the

This year‘s SDC officers have sev-
eral plans for the upcoming year.
said James Rose. SDC chairman.

The officers met with UK Presi-
dent David Roselle previously on
Aug. 19, and Rose said he was very
receptive to many of their ideas.

Committees have been assigned to
break down the tasks for the upcom-
ing year. These committes include a
campis coordinating committee, a
scholarship development committee
and a special projects committee.

The campus coordinating commit-
tee will be working on the Senior
Challenge, blitz week and a phone-a
then. The scholarship development
committee, whose main goal will be
fund raising, will be helping the Stu-
dent Activities Board with Parents

On Sept. 2, the committee will
have a full executive meeting, and
on Sept. 23, they will have their first
full meeting with the newly selected

The other officers are: Mary Wis
Esta, vicechairwoman; Tina Frits,
secretary/treasurer; and Amy Figg,
public relations.

The council is currently accepting
applications from students who are
interested in joining the organiza-
tion. Rose said the organization
wents to have a wide range of stu-

dents that tlic student

body .


“We‘re looking toward a positivc
year." Rose said. "We want stu-
dents who are ambitious and who
like to work with other studcnt lcad
ers and community and business ad -
ministrators as well.

“They should have reasonable
academic success. and are involved
in other activities, but not to Iht' ex»
tent that they have no time for this
committee, but who ill‘t' motivated

students who \HH gct inwlwd .‘il :
have the tune and \iillingncss to
pi'omot c and strengthen l'K "

.»\pplications tor ticyy nit-nibci‘s
may bc pickcd up and rcturiii-d to
the Student lk-vclopmcnt titiicc in
the William B Sturgil l)t‘\i‘lt)plllt‘lll
Building. locatcd on the corner oi
Rose Street and Rose Lane

The applications are due Sept in
tin Sept. lit. the selection t‘oltiliililu-
will meet to select the new mom
bers. with interviews being hold on
Sept 21. it needed.

Workers’ comp solution
in sight, Democrats say

By MARK R. CHELI.(‘-Rl-I.\
Associated Press
FRANKFORT —— House Demo-
crats reached a tentative agreement
on a resolution to the financial prob-
lems of the workers‘ compensation
program, apparently clearing the
way for legislative action on the

The agreement calls for an annual
assessment of $110 million on busi-
nesses with the coal industry picking
up 44.9 percent and other employers
paying the remaining 55.] percent.

The assessments would be based
primarily on a surcharge on work»
ers' compensation insurance premi-
ums with another percentage set by
an industry's use of the Special

“I think we just reached a consen-
sus," House Speaker Don Blandford
announced on leaving a caucus of
Home Democrats.

He added qualifiers that the plan
must be proved fiscally sound and
sufficiait to pay the estimated 81.7
billion debt of the workers‘ compen-

sation program and the ongoing
costs of benefits and administration.

Blandford. [)-Philpot. said the
agreement also includes a provision
that the recommendations of the
governor‘s Task Force on Workers"
Compensation be adopted without

Not all of the 73 House Democrats
attended the caucus. but more than
the Si members necessary for pas
sage v0iccd their approval of thi-
proposal. Blandford said

Given the vote. Blandford said hr
will recommend that Gov. Martha
Layne Collins call the General As
sembly into special session in early

The time is needed to draft legis
lation and do a more formal study of
the calculations. he said.

Collins said late yesterday that
she has not seen the latest proposal.
but is willing to listen.

“We have made progress and we
intend to continue the dialogue with
legislative members and riview
their suggestions.“ Collins said in a

See WORKERS} Page ‘


 2 - KENTUCKY KENNEL. “lured". WM 3. 1 ”1


Wildcats’ Gardner
‘playing it by ear’

Assistant Sports Editor

UK junior defensive end Carwell
Gardner has had his fair share of
setbacks since last season ended.

The 6-foot-2 Ins-pounder was sus-
pended from the team during spring
practices following a dispute with an
assnstant coach after an intersquad
scrimmage at Commonwealth Stadi-

This summer. Gardner. who was
in contention for a starting job at de-
fensive end. was reinstated to the
team with one condition. He had to
earn back his scholarship.

"The bottom line was that it was
just a misunderstanding.“ Gardner
said. "I didn't really ever leave the
team to tell you the truth.

“I just got taken off scholarship,
that's all that really happened"

This summer. however. as the
Louisville native was getting ready
to prove to the UK coaches that he
was ready to clean up his act. he
was forced to sit out again. But this
time it wasn't his fault.

A cracked vertebra was the cul-

"It first happened to me my fresh-
man year of spring ball." Gardner
said. “I cracked the right side of my
vertebra and it healed. Now this
year, over the summer. I cracked
the same vertebra but on the left

After taking it easy throughout
August. Gardner thought he was

ready for two-a-day workouts. But
his back had other ideas.

"I worked the first day of two—a-
days and after that I didn't go until
the second-toJast day," Gardner
said. “I tried to go again, and I hurt
it again. And I've been out ever
since then.

“The muscle spasms have quit but
I can still feel the crack when I
move certain ways." he said. “I
plan to be back hopefully for the
first game or if not, the second."

But when he does come back,
Gardner said he will have a slightly
different outlook toward football and

Although the injury has frtstrated
Gardner to no end, he said the time
off did aye him some time for an at—
titude adjustment.

"Getting pulled off the scholarship
made me look at some things I was
doing —— like not coming out to prac-
tice." he said. “Just spending time
by myself made me look at some
things and realize some things that I
was doing wrong. I had to change. “

At the time of his suspension,
words like “unfair" and “misunder-
standing" were being used to de-
scribe the incident. Now, however,
Gardner said he understands the
coaches' actions.

"At the time I was causing some
problems." Gardner said. “I would
have an injury or something, or I
wouldn‘t lift my weights and I had
problems in the classroom. It just
all built up."

UK defensive end Carwell Gardner's quest to regain his schol-
arship has been temporarily halted by a back injury.

“Right now it‘s just basically all
up to me again." he said. “I'm just
working hard in the classroom and
I‘ll try to work hard when I get back
out on the field."

Gardner’s main concern right now
is just when he will be able to get
back out on the field.

And with a scholarship at stake,
Gardner hopes he will be back in
full pads soon.

“(The injury) really hurt me," he
said. “I‘ve been nervous and scared
a little bit. It brought me down a
little bit but I just have to overcome




Coming Soon
University of Kentucky


Publication Date: Friday, September It, 1987
Space Deadline: Friday September 4, 1987

call TODHV

For further information contact:
LINDH COLLINS, Hduertising Director








it ... sol can get back out on the
field and earn my scholarship

Gardner added that performance
on the field is not the only criterion
for being fully reinstated.

“It's not just on the field, it‘s also
in the classroom," Gardner said. “I
got to earn it back that way too. Do
my work. If I don’t get back out
there on the field or if I don't play
this year. I can try to earn it back
by doing my work in the class-

UK names

tennis coach

Staff reports

John Dinneen has been named as
women's assistant tennis coach.
according to UK Athletic Director
Cliff Hagan.

Dinneen replaces Ed Schultz, who
left the UK program to pursue other

The wyear-old Dinneen is a 1983
graduate of Harvard University,
where he was captain and Most
Valuable Player of the 1983 Ivy
League, Intercollegiate and North
American champion squash teams.
He was also a four-year member of
the varsity tennis team.

“We’re very fortunate to have
John‘s experience and background
in our women’s program,“ Hagan
said. “Our program has made great
strides in the last five years and
with the addition of Dinneen, we'll

see continued success.“

Dinneen feels confident in his new

“I’m looking forward to working
with our women," he said. “I‘ve
worked with some of the players
through (United States Tennis Asso-
ciation) Junior Federation Cup pro-
gram and I‘m ready for the chal-
lenge at Kentucky."

Todd Jones
Sports Editor

Jim White
Assistant Sports Editor

.,_~3 )

A. ux'»


Dinneen, a New Jersey native,
served as one of only four coaches
responsible for the continued devel-
opment of a select group of United
States women amateur tennis play-

Included among those players was
UK standout Sonia Hahn.

“John brings tremendous creden-
tials to our program,“ women’s
coach Sue Rudd said. ”(He) has five
years of experience as an assistant
coach and is an effective recruiter.

“As a graduate of an academic. in-
stitution the} caliber of Harvard,
John also knows the necessity for re-
cruiting athletes who are scholars as

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R.E.M.’s ‘Document’ loses murkiness
of past albums, falters on second side

the sound is. Heavier drums
where before there were none.
along with a generally crisper
studio sound have helped pull the
band out of the murky mire that
plagued them after Murmur.

By TIM room;
Contributing Critic

I.R.S. Records

The latest release from those
obscure Athenian beat bards.
namely R.E.M., is an unfocused.
eccentric, piece of paranoia. It’s
also their best yet because that
schizophrenia is what makes
them work.

Titled Document, the new
album continues in the direction
that John Cougar Mellencamp's
producer, Don Gehman, took
them with Lifes Rich Pageant in
1986. Gehman’s straight-ahead
style worked wonders for Mellen-
camp. R.E.M. seems to have
culled a lot of that because while
Gehman‘s not back on Document.

No longer does Michael Stipe‘s
voice go down in the vortex of
those proverbial swirling guitars.
Although the sound is better. as
always, the lyrics are painfully
cryptic. Mainly courtesy of Stipe,
the words seem pulled from
somewhere other writers can‘t
go. By not taking themselves too
seriome — a major virtue -
R.E.M. gets away with some of
the weirder stuff of any non-un-
derground band.

Loyal to the Bank of America.
from “Exhuming McCarthy“ and



typical of the overly moody
material that serves to do noth-
ing but alienate. Here they only
add to the oddball mystique in a
negative way. It seems impossi-
ble that a band can be so good
and so bad on one album.




The best track on Document is
"It‘s The End Of The World As
We Know It (And I Feel Fine).'
the kind of quirky poem that
REM. seems capable of spewing
out at will. Micheal Stipe has es
tablished himself. in the tradition
of Dylan or Morrison, as the fin-
est lyric poet of the ‘80s If Dylan
Thomas were alive today he
would front a band like R.E.M.

Take your instincts by the reigns.
from “Fine Worksong,“ are ex-
amples of R.E.M.‘s gloomy. an-
archic mood that they have ex-
hibited in the past on stage. In
"It's The End of the World As We
Know It (and I Feel Fine),“ we
learn that Lenny Bruce is not

He would be if he listened to
side two, which other than for
“The One I Love“ seems a total
waste of time. “King ()I Birds"
and “Oddfellows Local 151“ are

Ultimately. Document does
what it intends to, confuse us all.





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KENTUCKY KERNEL. Thundey. September 3. 1907 - 3

Beat Farmers coming to UK

Staff Reports

On Sept. 24. the Beat Farmers will
bring their countn'fied blend of rock
to UK‘s Grand Ballroom. the Slur
dent Activities Board concert corn-
mittee announced yesterday.

The cost will be $8 and tickets will
go on sale tomorrow.

The Beat Farniers‘ three Li’s
have shown them to be an eccentric
brew of musical stylistii-s. They are
currently touring in the support of
their latest album. The Pursuit of

Erik Reece
Arts Editor


The Beat Farmers' live shows are
known to be fun. loud. and drunken
It should also be noted that the
Farmers are not a band likely to
conform to the campus alcohol poli-

Their live antics often tend to
overshadow the Farmers“ precise
and literate songwriting ability
’l‘hey also have recorded covers by
artists ranging from Johnn) (‘ash to
Lou Reed Their Il\'(' version of
Bruce Springsteen‘s "Reason to Bi»
lieve" gives an ironic danceabilit_\
to the song's morbid lyrics




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Si\'I'LRI);\Y. SEIVI'I‘IHBHR It), 1987

’ 'lhc l’arcnts chckeiiil "l Intuit-r \Iuihcr, lloosicr thither” Welcoming Reception
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For seven years, people have
been sticking to T. W. Lee’s
ribs. They’re the tastiest ribs
you’ve ever laid a hand on. And
people don’t mind the mess,
they’re too busy enjoying that
great barbeque taste!

Whether it’s our famous onion
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 4 - KENTUCKY KENNEL. Thursday. 809”an 3. 10.7


SGA responsibility
overrides legalities

Last May, the state attorney general issued an opinion
which said that university student governments don’t have
to comply with the open meetings law.

The opinion was requested by Western Kentucky Uni-
versity’s student paper, The College Heights Herald. A
Herald reporter was forced to leave a student government
meeting while personnel matters were discussed. The pa-
per’s editor felt the open meetings law was being violated.

The attorney general believed otherwise.

In short, the opinion, although not legally binding, says
that student governments can close their doors to the press
— and more importantly you — whenever they meet.

From a legal standpoint, the attorney general’s opinion
might or might not be disputable.

However, what it fails to do, or perhaps neglects to real-
ize. is the representative nature of a student government.

For any student government to do the representative
job it was created to do — openness is imperative. A stu-
dent government is inherently designed to be open for stu-
dent input as well as student examination.

Because students both elect and partially fund (in UK‘s
case pay) the representatives. student governments must
be held accountable for their actions. This cannot happen
behind closed doors. History dictates that secret meetings
and deals result in deception and cheating.

Our SGA cannot close its meetings to students because
its constitution prohibits it from doing so. Murray St. and
the University of Louisville have similar provisions.

However. a constitutional amendment could give our
student government the power to do so.

But legalities in this matter become simple technicali-
ties. The responsibilities. however. are not.

Drinking and driving
not a good combination

There is not a more sobering thought than an alcohol-
related death.

It’s a terrible waste of life that should never have to

Contemporary mores make alcohol use an accepted
part of daily life. and for most people. that‘s OK. There are
many things that drinking mixes well with to make a good

Driving. however. is definitely not one of them.

A chapter of SADD. Students Against Drunken Driving.
formed last year at UK.

SADD is a nationwide group of high school and college
students that has been trying to reduce the number of alco—
hol-related driving incidents.

The group is not out to make tee-totalers out of any of
us. just responsible drinkers.

The message they expound is not any great relevation.
or untold truth. but it can save many lives.

Simply put, if you’re going to drink. don't drive.


The Soapbox

Parking at UK has gotten worse each year for the past few years
due to increased construction on campus. Some of it has been restored
—— by shuffling sticker restrictions in other places — while the rest of it
has been banished for an indefinite period of time.

Some students. faculty and staff park many blocks from the Univer-
sity after searching for a space on one of the perimeter streets. Now
even the perimeter streets are starting to be affected. The free park-
ing spaces adjacent to Holmes Hall on Limestone Street are no longer
free. Parking meters were installed there this summer.

Do you feel like the city and the University are blind to the need for
parking? Or do you understand the need for new facilities on campus
and the need for the city to charge for parking.

You are invited to express your opinions here. in “The Soapbox.“

This will be a regular feature on the Viewpoint page each Thurs~

Submissions to “The Soapbox" will be printed following the intro-
duction of a topic the week before. This is your opportunity to vent
your frtstrations or your congratulations.

People submitting material should address their comments to “The
Soapbox." Kentucky Kernel. 03": Journalism Building. Lexington. Ky.
405060042. This can either be done by mail or dropped off at the office.



Dan Haasert

Jay Blanton
Executive Editor

Editor in Chief

Thomas J. Sullivan
Editorlal Editor





‘ srLibENT





ick leave

Excused absences a myth with UK Student Health Service

Getting sick is a normal facet of
everyday life.

Unfortunately. at this University.
it can also be costly.

Not costly as in money. costly as
in grade.

For the newcomers. allow me to

There is a great discrepancy in
the policy of this University. con-
cerning excused absences — one
that affects every single student that
ever passes through these hallowed

The Handbook of Student Rights
and Responsibilities states that we
as students are to provide excuses
for absences and that it is at the dis-
crimination of the instructor wheth-
er or not to accept these excuses.

This gives the instructor a great
deal of power and the student few

The most obvious solution would
be for the student to not miss class.
Ever. But how many of us are never
sick? Unless you're Linus Pauling.
very few.

So why is there so much red tape
surrounding something so common,
and something so ill-timed?

Good question. And regardless of
the answer. the red tape will still

It begins on the first day of class.
The instructor passes out a syllabus
and states that unexcused absences
will not be tolerated.

An excused absence is. however.

The difference between the two
lies in the written supporting of the
statement. “1 was sick." by a physi-
cian. thereby making the excuse ac-

So you're sick several weeks later.
You wander over to the Student
Health Service like you‘ve been told
you're supposed to. You miss two
classes for a physician to give