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Instructor Files Discrimination Suit AS Controller Resigns From Spartan Daily Volume 78, No. 43 Serving the San Jose Community Since 1934 Thursday, April 15, 1 982/ REC passed to I Fullerton for I. campus approval By Holly Fletcher Although the controversial Recreation and Events Center has been in the planning stages for months, and a formal complaint charging cam- paigning violations is before the AS. Judiciary, the Student Union board of directors took less than 10 minutes to approve a motion which would send the referendum to Presidnet Fullerton for her approval. The board's action is but the first of a series of approvals necessary for the realization of the center. Although the board approved the referendum, which was favored by 59 percent of the students who voted in last month's AS. elections, Fullerton must also approve it. In earlier interviews, Fullerton has indicated her support for the proposal. If she issues her stamp of approval, then the proposal must be accepted by the Chancellor's office and the CSU trustees. The Rec Center referendum was only advisory. Thus, only an indication of student support, and not a specific percentage, was necessary for the board's approval. At Tuesday's meeting, the board had to decide whether the voter turnout and percentage approving the center was sufficient indication of student support. The board voted 12-1-2 to approve the referendum. Brad Kurtz, the board's chairman, said the turnout and percentage approving the proposal was "sufficient and reflected student interest. They ( the board members) felt there was sufficient positive student response." Ron Barrett, S.U. director, found neither the positive board vote nor the lack of debate surprising. "The board all along has been strongly in support of the center," he said, "and they were ready to move." As presently envisioned, the Rec Center is a $13 million complex which would house racquetball courts, swimming pools, shops, seating for 10,000 and other facilites. It is expected to be completed in 1985. It will be funded through student fees which will increase $10 beginning this fall. After two years, the fees will increase to approximately $40 a By Mark DuFrem. semester. Kevin Johnson, a student board member, said the uneventful vote G. Gordon Liddy Nat), the mastermind of the Watergate break- "didn't surprise me at all." will be Liddy, Leary meet in, and Timothy Leary, the former "high priest" of LSD, Earlier in the semester Johnson had said the board was attempting a debating tonight at 8 at UC Santa Cruz and tomorrow night in "snow job the students." With the lack of discussion over the motion, Berkeley. "I want to turn him on," Leary said. Look for exclusive Johnson said, "They showed their hand totally." week. in 'great debate' interviews with these controversial figures in the Daily next The referendum and vote was less than a rubber stamp," he said. "Anything that would forestall the approval of the center wouldn't be discussed by the board," he added. Although there was no debate over wheter the motion should be approve, Robert Martin, dean of student services, suggested a "friendly amendment" Instructor files discrimination suit to the motion so it would contain the statement that "this board looks for- ward to participating" in the planning, construction and operation of the By Dave Lewis named in the lawsuit. by a pay raise. facility. A foreign-language instructor has filed a "There was no racial discrimination in- Lela Noble, associate academic vice Prior to the vote wich sent the referendum to Fullerton, Johnson made a $1.75 million lawsuit against SJSU, charging that volved at all," Radke said Tuesday. "He was on president, said she agreed with Radke about the motion to table the Rec Center decision because the formal complaint he has been denied a promotion because he is the fourth level. There is no review (for promotion of Hernandez. leveling charges of campaign violatons is till before the judiciary. Hispanic. promotion) on the fourth level." "Normally people are considered for The board voted 2-10-2 against tabling the vote, because the board felt Jose Hernandez, associate professor, filed Levels represent seniority and increase in promotion at level five," Noble said. "There the judiciary's actions had no effect on the board's actions. the suit last week in Santa Clara Superior Court, Pay. may be a rare exception, but promotions usually "We did this (hold an election) to get a sense of student interest," said charging the university with "willful and Radke explained that promotion to full don't come before the fifth level." Martin. "We are not bound by it one way or another." systematic discrimination." professor usually comes only after the fifth level. Another allegation made in Hernandez' suit "The reality is that we don't even need a student election," said Barrett. Hernandez also alleges he was unfairly Teachers entering work at SJSU start out as is that he was required to earn his Ph.D. before The complaint was filed by Andy Arias, A.S. vice-president. In part, the denied sabbatical leave and required to obtain assistant professors. Usually they are on the he was tenured. He claims other instructors in complaint said a flier distributed and paid for by the board contained in- his Ph.D. before he was granted tenure. third or fourth pay level. There are five levels of the department did not have to do this to receive formation that was "either flase or misleading." In the suit, Hernandez maintains he should assistant professor. tenure. The flier was also printed on orange paper, Arias said, in violation of the have been promoted to full professorship last When a teacher reaches the fifth level he can Radke explained that this was due to a election code that states material can only be printed on white paper. semester and that he was denied the promotion seek tenure. If tenure is granted the teacher change in administration. The complaint was filed with the election board which voted 3-2 Monday due to his ethnic background. moves up to associate professor one. There are "When (John) Bunzel became president he to refer the complaint to the judiciary, said Don Dushane, A.S. adviser. If the Werner Radke, who was chairman of the also five levels of associate professor. wanted to raise the percentage of tenured faculty judiciary finds adequate reason, they could rule that the referendum be re- Foreign Languages Department when Her- Finally, when an instructor reaches with Ph.D.'s," Radke said. "To raise the per- submitted to the voters. nandez was denied the promotion, said no racial associate level five he can seek promotion to full centage of Ph.D.'s, tenure would only be granted Barrett said if the judiciary does rule that referendums are included bias was involved. Radke is also a defendant professor. Each increase in level is accompanied continued on page 3 under the election code, he wants to know "why we weren't informed prior" to the election. As to allegations that the board printed incorrect information, he said, "that's an individual, subjective kind of thing." He said the A.S. did not tell "us what we could or couldn't do" during an A.S. Controller resigns from position election. Robinson said the complaint "was pretty much expected, but I'm not too spend." By Lenny Bonsall worried." In a surprise announcement made Monday, it was revealed, Angela Arias said the lack of a controller for a month would not seriously "I don't thinks student really pays attention to whether paper is orange 1 () has resigned from her post as A.S. controller. The resignation took hamper AS. procedures. The budget process is drawing to a close and Osborne or red," Robinson said. "It doesn't determine an election." 5. special allocations meetings, which the controller is responsible for running, effect April Arias said he filed the complaint because he sees Rec Centers becoming -elect Robin Sawatzky, voted into office two weeks ago in the were ended three weeks ago. Controller a trend on college campuses, adding that he feels there should be guidlines to take over the office, prematurely, in May. "Everything is starting to wind down right now," Arias said. student elections, is scheduled and standards set up to govern the elections. In a letter sent to A.S. board members, executives and advisers Osborne was elected to the controller's position last year during the "I don't want to sound like sour grapes," he said. "People just need to Osborne cited "complications deriving from family problems" as Tuesday, spring election, along with Arias and Robinson, the other A.S. exectuives. know what to look out for. the reason for her early departure. She could not be reached for comment. She had held the post since the beginning of the current school year, in "There was so much grease on the wheels, there's not really much I stated in the letter that she would "keep in touch to assist in the Osborne late August. could have done." budget process" and would help in the "orientation of the newly-elected controller." The final budget package, which Osborne helped to assemble, will be presented later this month. Andy Arias, A.S. vice president, said no replacement would be sought to fill in the time between Osborne's departure and when Sawatzky takes over Firm to begin plans for new housing the position. Sawatzky is expected to begin her duties on May 12. "At this time, there's not enough time to do a search for an interim (controller)," Arias said.
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