New Hearing System Proposed Lewis Hall Incident Provides Impetus for Action
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On The Inside Irish over Trojans ■page 8 Nocturne Night Flight ■ page 5 Vol. VII No. >«___________________ serving the noireTHE dame - st. mory's community Tuesday, March 20, 1,73O New hearing system proposed Lewis Hall incident provides impetus for action In fact, the minutes present a letter from Gordon by David Rust listing what the Vice President calls “general needs,” Staff Reporter which he asks to have considered by the Committee, and another letter sent to Lewis, Brownson and Carroll Halls, written by Gordon and paraphrased by Fr. Notre Dame’s Advanced Student Affairs Committee Austgen, suggesting what the minutes call an “in has produced a compromise judicial hearing system terim" judicial and appeals mechanism measure. that would allow students accused of offenses against The way Fr. Austgen chose to present the Com the community to choose between a private hearing mittee’s dliberations in the minutes is on the whole a and one conducted by a board with student mem definite point of contention, said Wessels. bership. For example, the minutes of the second (Feb. 23) Creation of the new system, initiated by the Lewis meeting, criticized Wessels, make the sanctions Board Hall affair of last December in which a graduate of the system which has been accepted by the ASAC student was forced to withdraw following accusations sound as though it is more subject to the Vice President of cohabitation, came only after two chaotic Com for Student Afaairs than it was actually meant to be. mittee mem clings, behind-the-scenes negotiations and “The Sanctions Board should be a fairly autonomous the help of the Faculty Senate. body.” said Wessels. “Although the Vice President According to Barry Wessels, Graduate Student should have the power to review its decisions, we would Union President and member of the ASAC, the Com hope that he wouldn’t make it a practice to overturn mittee "unanimously agreed” to the tri-partitie th e m .” system, which now goes to other administrators, This brings the process away from an “in loco presumably Vice President for Student Affairs Philip parentis" attitude, explained Wessels. Faccenda and Provost Fr. James Burtchaell, for their The GSU chief also took aim on arguments recorded approval. in the minutes, put forth by ASAC member Brother The new system would allow accused graduates to Kieran Ryan, Assistant Fice President for Business choose a private hearing conducted by either the ASAC Affairs, that the Administration, “always ...sincere in chairman or the Dean of Students. its attempts to protect the student’s rights...would not This hearing officer would report his “recommen present or volunteer confidential information to the dation" to the Vice President for Advanced Studies, Father Austgen noted the impropriety of disregarding (Sanctions) Board.” Dr. Gordon's letter “without so much as a discussion.” who would then decide sanctions. “If the student members of the Board were not If the accused feels at this time his right to due allowed pertinent information , confidential or not, how process has been violated in some way, the Vice could the Board be able to render a complete and fair President would appoint a special Hearing Officer who decision?" asked Wessels. would make his own investigation and report to the "It is not my intention that students go delving in Vice President. Final appeal would be allowed to the and students and the board would decide guilt and discriminately into the private affairs of fellow President of the University. specify sanctions. These sanctions would be reviewed students, but only have abailability to those facts A student may also choose a public judicial by the Vice President for Advanced Studies, with which are pertinent to the case,” he said. appeal to him and the President. mechanism, in which the student would plead his case (continued on page 7) before a trippartitie board of administration, faculty If accepted at all levels, this would replace the present system which requires all cases to go to the Dean of Students and then to the Vice President for Advanced Studies, who may in special cases appoint a Hearing Officer to investigate and recommend a course of action to him. Even this judicial method is new, architected by present Vice President for Advanced Studies Robert Gordon and put into effect last January. It was this system that Dr. Gordon put before the Committee via two letters read at the Committee’s Jan. 22 meeting. According to the minutes of the meeting, authored by Chairman Fr. Robert Austgen. immediate response to the reading of the proposal was a request by committee member Brother Mark Ratkus of the Social Science diviision to be allowed to offer a contrary motion. "Father (Austgen) responded that it was quite impropoer to brush Dr. Gordon's letter aside without so much as a discussion, in favor of another motion,” ’ the minutes read. Actually, as the minutes of the next meeting go on to hint.. Gordon was “dissapointed” that his proposal was never really discussed by the Committee, said the GSU’s Wessels. "Fr. Austgen wanted us to answer Dr. Gordon’s proposal.” explained Wessels. “Because of comments that were made during its presentation we mistook it to be an interim arrangement that need not be answered. Dr. Robert Gordon. Vice President for Advanced "Some members wanted to make another proposal GSU President Barry Wessels feels students should Studies, under the new proposals, would review all because Dr. Gordon’s did not make allowances for have access too“facts which are pertinent to the sanctions made by a tripartite board. students on the Board,” he continued. ease. ” Reporter 'shields' sources; (C) 1973 New York Times Washington-The Supreme Court state'shield law’lhen in effect was quote but refused tosay what other The newspaper reporter’s lawyer rejected by the New Jersey declined loday to review the inoperative if the name of a information the Commissioner, told the Supere Court that a grand Superior and Supreme Courts. contempt conviction of a New source appeared in the paper. Mrs. Pearl Beatty, had given him. jury should not be entitled to Last June, the Supreme Court Jersey newspaperman who had The case involved Peter J. lie was convicted of contempt and compel him to reveal confidential ruled. 5 to 4, that the first amend refused to provide a grand jury Bridge, then a reported for the served 21 days in jail, until the information when the jury might ment did not give journalists the with information given him in Newark Evening News, who grandjury investigating the not prodce any indictments at all, right to refuse to provide grand confidence unless the state proved quoted a commissioner of the housing situation was discharged. but merely a critical report, on the juries with the names of sources "compelling need.” Newark Housing Authority as None of the nine justices voted to a re a it w as investigating. and inform ation given them in The decision left standing lower having said she had been offered a review the New Jersey court He also maintained that the state confidence. court rulings that the first $1(1.000 bribe to* vote for an xun- decision, but Associate Justice should have the burden of proving Since that time, efforts haxx amendment did not provide named candidate for Executive William O. Douglas based his some compelling need for the been accelerated to win legislative reporters with any privilege to Director of the Authority. refusal on a belief that the case had information before a grand jury approval of statutes that would remain silent when questioned Called by the Essex County already been resolved since Mr could force a reporter to testify. provide that kind of protection, at about their sources and the the (■rand Jury . Bridge confirmed the Bridge had served his term. These arguments had been the state and federal level. 2 the observer Tuesday, March 20 , 1973 West adopts flexible AT NOTRE DAME w orld new exchange rates Settle (C) New York Times b rie fs by Clyde H. Farnsworth That was incidentally the (C) 1973 New York Times “floor” rate to which the dollar down had been pressed by the floods of Moscow-The Soviet authorities waived emigration taxes excess dollars that moved Par is-A new monetary system Monday for at least educated Jews in what appeared to be to Frankfurt on March 1. Those to the of flexible and frequently floating dollars were exchanged for marks 1 he start of an effort to appease American Congressional exchange rates was ushered into opposition to an casing of trade with the Soviet Union. Jewish on a bef that either the mark would I he western world today under be upvalued or the dollar devalued. sources said the five, including two married couples, had calm, circumspect market con natural been, summoned to the Soviet Visa Office and had been told ditions in which the beleagured 1 hal they could leave for Israel without paying the high duty On March 2, the governments of dollar was able to pick up a little Western Europe and Japan normally levied on emigrants with a higher education. strength against the other major one. stopped intervening in the ex currencies. change markets and called a round The reopening of official foreign of conferences to try to resolve a New York--Prospects of a fare eu this year on regularly exchange trading after a 17-day crisis, not just of the dollar, but of scheduled trans-Atlantic flights have virtually disappeared, shutdown left the currency the monetary system itself. Busch I and it became all but certain that fares for American specialists in the major European Over the intervening fortnight travelers would rise 6 per cent starting April 15 to reflect the centers still confused over the the old system of fixed and in recent dollar devaluation.