Spartans tangle Carlin with Trojans tonight quips Women's basketball / page 4 page 6 Spartan Daily Volume 73, Number 62 Serving San Jose State University since 1934 Tuesday, December 4, 1979 Grievance proceedings against SJSU stalls by Dave Burckhard few minutes with the continued objections The first academic grievance raised by Sasseen, Rudoff ended the proceeding against SJSU by Thomas meeting. Balgooyen, assistant professor of biology, All three parties agreed that the last Friday stalled when the university's procedures should be clarified before con- representative, Dean of the Faculty Robert tinuing. Sasseen, raised a question of procedures. Rudolf is seeking clarification from the Balgooyen is challenging a decision by Executive Committee of the Grievance his school's Retention and Tenure com- Panel, an SJSU committee. mittee to deny him tenure. The Executive Committee will contact After opening arguments were made by the chancellor's office and will advise Speech-Communication Prof. David Elliott, Rudolf. who represented Balgooyen, Sasseen ob- The next hearing will probably begin at jected to Elliott's presentation of evidence. the beginning of next semester. Sasseen said that Executive order 301, a Rudoff said his office will set the dates document issued by the California State for the first series of proceedings when all University and Colleges system Chancellor's parties involved are free. office outlining grievance hearing During the opening arguments, Elliott procedures, stated that each side was to acknowledged that Balgooyen's case is make an opeing argument followed by the complex and that the "stakes in this case presentation of evidence followed by a are extremely high" and that his "entire photo by Tom Duncan closing argument. professional life is on the line." He said that Elliott Phil Langdon, painter of the murals on the Underground Records was violating the He said that in light of Balgooyen's procedures by presenting arguments during professional qualifications and good building on Third Street, films the building's destruction. The the evidence portion of the hearing. reviews, he will show that the university's building is being destroyed to make way for Artist views ruins the planned Bank of His objections came when Elliottt read decision was unsound. America. from notes and documents originating with Furthermore, he said he hopes to reveal the evaluation committees which eventually the "real reason" for the university's denied Balgooyen's tenure. decision of denying Balgooyen tenure. Sasseen said the "documents speak for Elliott called the decision a "massive non themselves" and Elliott's "piecemeal sequitor." Senator Alquist honored by SJSU arguments" about the statements in the Sasseen said in his opening arguments by Jan Flanery-Taylor settle for a pilot program. We had some opposition from documents were out of order, "prejudicial" that it should be clear that the hearing is not and should have been made by witnesses. to determine whether Balgooyen should Sen. Alfred Alquist, D-San Jose, accepted a huge card the Department of Finance." Elliott, however, said he remained receive tenure but whether the process and numerous thanks from students and university officials Alquist later said Gov. Jerry Brown and his ad- unconvinced by Sasseen's objections and which denied him tenure was valid. involved in the Over 60's Program at a reception held ministration "had made it difficult to get it through the said that his presentation of evidence was He said that the burden of proof lies yesterday celebrating the new permanent status of the fee fiscal committees," because of concerns about the cost. not in violation of the executive order. with Balgooyen to identify what part of the waiver program for students over 60. He said he had been able to get the bill through the Balgooyen said that although the order tenure committee's procedure was in Alquist has been the main proponent for the program, Senate fairly easily, but had a tough time getting it through outlines the argument-evidence-argument violation of the executive order. which has been retained as a pilot program for 3-1/2 years assembly committees. procedure, it does not forbid them from He must also prove, Sasseen said, that at SJSU and California State University at Long Beach. Alquist also said he believed the program has great presenting arguments during the presen- the violation was substantial and had an The program was signed into law in July and will go merits politically and socially in bringing together different tation of evidence. adverse effect on the committee's decision. into effect throughout the California State University and age groups. Additionally, Elliott acknowledged that Elliott said after the adjournment of the Colleges system in January. The senator told the group the new law is one of his the hearing is not a judicial process and that hearing that if the grievance committee A giant card, which said "Thank you, Sen. Alquist," most rewarding achievements in 17 years as a legislator. his presentation, with his hopes of ex- were to find in Balgooyen's favor, it would with signatures from people in the program, was given to Alquist drew laughter from his audience of seniors pediting the hearings, would be the most propose a remedy which would require the the senator when SJSU President Gail Fullerton introduced when he recounted Jerry Brown's comment to Mrs. Alquist "effective and efficient" way to procede. campus president to accept. him at the reception at SJSU's International Center. that the two probably didn't get along too well because of The grievance committee chairman, If for some reason, the president does Alquist told the group of 50, "I'm more or less a the "generation gap." Sociology Prof. Alvin Rudoff, allowed Elliott not accept it, Elliott said, Balgooyen has facilitator of other people's ideas; it was Gail (Fullerton) Phyllis Sutphen, reentry adviser for Programs and the to continue with his presentation but, after a right to appeal to outside arbitration. who gave me the idea for the program." Services told the audience her office helps over-60 students He said the efforts began over three years ago and he to deceide on their options and tries to give them con- could not get the bill through the legislature "so we had to fidence. continued on back page Royce Hall resident assaulted in kitchen by Christine Merck 6:52 A female Royce Hall resident was assaulted at Repository gets OK a.m. Sunday, according to University Police, in an at- tack similar to a September assault in the same dorm. Sunday's victim left her room to get a glass of milk from the Royce Hall kitchen. While in the kitchen, a by Lori Eickmann students as a data base to generate ar- man approached her from behind, put an arm around The creation of an archaeological chaeological projects and research, her neck and his right hand partially over he mouth, repository which will "help establish SJSU Leventhal said. "A data base gives us a Officer Russ I,undsford said. as a research center in anthropology and comparative collection, so we can compare She was startled, screamed, and the suspect ran. He archaeology" has been given the final OK, newly acquired artifacts with old ones." appeared to have been a man she saw using a lobby according to Alan Leventhal, equipment The repository will contain "field notes, phone as she walked to the kitchen. technician in the Anthropology Department. maps, photos, and reports as well as ar- The victim believes that her assailant was The repository will house prehistoric tifacts so everything remains in tact," pretending to use the telephone, according to Lunsford. materials which are unearthed in ar- Leventhal said. "This way, meaningful The suspect is described as a black male, about 18 chaeological projects in the Santa Clara research can be done. years old, 6 feet 2 inches tall, weighing about 180 pounds Valley. "Hopefully, this will give students the with a short afro hairstyle and without facial hair. He Possible locations for the repository are opportunity to publish research," he added. was seen wearing a dark blue t-shirt and jeans. Lun- the basement of the old Science Building or I,evanthal said another advantage of the sford said. in the library, Leventhal said. J. Handel repository will be that the Anthropology A female Royce resident, who was attacked in a Evans, SJSU associate executive vice Department will generate money for its bathroom stall about 7 a.m. on Saturday, Sept. 20, president, will decide on the location foundation by accepting and curating these provided a similar description of her assailant to sometime this month. collections. University Police. That case is still under investigation. Leventhal said the repository will house SJSU and Cal-Trans are working out an The suspect had been described as a black male, the department's existing collections as soon agreement whereby Cal-Trans will pay the about 23 years old, 6 ;eet 2 inches tall, weighing about as it is completed. university for the curation of materials from 185 pounds with an athletic build and a short-cropped "We have around 20 local sites from the the Blood Alley Project. afro hairstyle. He was seen wearing a t-shirt and jeans, Santa Clara Valley and Santa Cruz "When they put in a highway, they investigator Greg Wixom said. represented in small collections," he said. assume the chance of destroying cultural The suspect fled before he was able to rape his "We will also be taking in collections from resources," I,evanthal said. "California had victim, according to Wixom. When the suspect barged Monterey." a high Indian population, for example, and through the bathroom door, she screamed and fought The next collection, consisting of this is a high burial ground area.