Rice Responds to Motion for Retrial; Discredits Chance's Claims Uncertain Future for Rice Recycling
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0 The SINCE 1916 RicVOLUME 79, NO. 5 e ThresheEVERYBODY GETS A SECOND CHANCE SEPTEMBER 20, r1991 Rice responds to motion for retrial; discredits Chance's claims The audit consisted of one phone call by Shaila K. Dewan with each of these professors. Timeline of events Chance claims that Rice manufac- On Wednesday, Sept 11, Ricc tured evidence and includes a letter April 15,1988. Chance files a class-action lawsuit against University filed a motion in response from Fleming which states that he Rice, alleging that the university has discriminated against to tenured English professor Jane was never asked to do a review of women in pay and terms and conditions of employment. In Chance's request for a new trial in an Chance's work. Fleming also states addition, she sues Grob, chair of the English department from ongoing battle over charges of sexual that he does not remember then discrimination. The document called Provost William Gordon's name, with 1981 to 1986, for punitive damages, alleging that he has Chance's request "a hodgepodge of whom the conversation about Chance engaged in a "vicious and protracted campaign to insult, defamatory, unsupported allegations, allegedly took place. demean and harass" her. vituperatively uttered in a pitiful at- Fleming also states, however, that April 22,1988. Three female members of the department tempt to save face after losing a law- while he was chair of the English praise Grob and the department in a Thresher article: suit" Chance, the motion said, "failed department at Princeton, he would professor Meredith Skura, associate professor Susan Wood to elicit one scintilla of evidence of receive several requests a month for (then assistant professor) and lecturer Katherine Wallingford. sex discrimination." professional evaluations. "If I can The suit in question was filed by establish that a conversation is strictly German professor Susan Clark speaks out for Chance. Chance in 1988, when she charged confidential, informal and off-the- May 21,1991. The four-day trial begins. There are 12 Rice with sexual discrimination and record, I often offer the requested witnesses for the plaintiff and four for the defense. The case English professor Alan Grob, chair information or opinion and forget against Grob is dismissed on the third day of the trial. of the department from 1981 to 1986, about the matter." July 12,1991. Judge Harmon finds in favor of Rice University with personal harassment. On July Rice claims first of all that July 25,1991. Chance files a motion for a new trial, or 12, Federal District Judge Melinda Fleming's letter is inadmissable alternatively an amendment of findings of fact. Harmon found for the defendants, English professor Jane Chance. hearsay. Hearsay isgenerally defined awarding them court costs. as evidence from a person who is not Sept 11,1991. Rice and Grob file a response to Chance's Chance filed for a new trial on July days after it was filed. Federal stat- present to be cross-examined. request and motion for sanctions (attorney's fees). 25, claiming one of her witnesses utes require that a motion be deliv- Therefore, even though Fleming was unable to testify and claiming ered to the opposing parties within a wrote the letter himself, from per- this sort are the most common form Fleming says in the letter that he that Rice gave false testimony and 10-day period. The opposing party sonal knowledge ofthesubject.it can of hearsay not admitted in court." does remember a confidential con- may have intentionally withheld evi- must then respond within 20 days. be considered hearsay because his Secondly, Rice's motion says the versation with a senior Rice official dence. If the judge denies her request, Rice responded exactly 20 days after statements were not made in court. letter "does not even purport to claim" about Chance, but says he will not Chance will have 30 days to appeal. they say they received the motion. Furthermore, Fleming's letter is not that the memos in question are false, reveal the name of that official. This The response filed by the Uni- Chance's motion includes a "Cer- a notarized affidavit and that actually, it "supports the all without factual or legal support." versity says repeatedly that Chance tificate of Service" in which Lopez According to Redwine, "Lettersof facts contained in [the memos]." SEE CHANCE. PAGE 7 "insults the integrity" of Rice Uni- states he mailed a copy of the motion versity in her motion for a new trial. to Baker & Botts, Rice's law firm, on Rice attacked Chance's motion on July 25, 1991, the same day it was the following counts: filed. The certificate is not notarized Forged letter calls attention to Fondren since, according to Baker & Botts Friday night and finding that it was classrooms available to students was Untimeliness. Chance's motion attorney Robin Curtis, lawyers are by Kraettli Epperson closed," said Castle. also thought of, but those buildings was filed 13 days after the judge considered officers of the court. The letter resulted not only in can be spooky at nighl. The Univer- handed down her ruling. Federal Harmon's case manager could not A letter to the editor published in attention being drawn to the three sity might need to provide a monitor. Rules of Civil Procedure allow ten be reached for comment, but ac- last week's Ihresher brought atten- intended victims, but also to the is- Also ihe lecture hall in Scwall is a days for such a motion to be filed cordingto Redwine, Rice received an tion notonly to the change in Fondren sue of where students are to study on possibility, since it has an outside after the judgment is entered. How- extension from the judge. Library hours, but also to a practical weekend evenings. Responses to door and there are plenty of scats," ever, according to Rice General joke gone awry. the letter took the form of a memo said Shapiro. Counsel Shirley Redwine, the motion False testimony. In the trial, one The letter, attributed to Jim randumwritten by University librar- can still be granted at the judge's of Rice's exhibits was a memo sum- Kostras, Craig Huang and Micheal ian Beth J. Shapiro, a letter to the [The university needs d iscretion. In other word s, the motion marizing a 1985 "audit" of Chance as Michealidcs, was actually written by editors by Ix>relle 'Lamascus and need not be denied simply because it a scholar by two references, identified Jones president John Castle, who Traci Ext, and greater attention given to provide study areas was untimely. in a later memo as former Rice En- signed the names of the three Jones the issue at a College President's Also, Rice claims that Chance's glish professor Monroe Spears and members. Luncheon and at a meeting of the attorney, David Lopez, did not deliver then-chairofthe Princeton University "The idea was conceived while University Library Committee. that are quiet and safe.' the motion to them until Aug. 22, 41 English department John V. Fleming. walking to the library at 10:10 on a "Dr. Ruppcametothe President's meeting and said that he would take —Stella Wong the concerns about the new library hours to his meeting with the li- Stella Wong, student representa- Uncertain future for Rice Recycling brarians later that day. He took it tive to the Library Committee, said of very seriously," said Castle. the problem,The University needs by Eric Carmichael For many people, the issue of li- to provide study areas that are quiet brary hours has long been one of and safe. You also need more people A shortage of recycling volunteers concern. According to Shapiro, The than just the Library Committee to may force Rice Recycling to shut decision to change the hours came address this problem. It is campus down as a result of pressure from up as an issue before the library wide. The administration and the Food and Housing, according to chair management team and myself last colleges need to get involved." Barbara Solon. Solon said that Food spring in April. The decision to make In Shapiro's memorandum she and Housing is pressuring them to the change was made in late May or listed the University's reasons for keep their dropoff points cleaner— June." changing the hours: "1) Fewer than something she says they cannot do In the responsive memorandum .5 percent of all library checkouts with their existing staff. of September 16, Shapiro said, "We occur on Friday and Saturday nights; "If Rice Recycling doesn't get regularly receive complaints from and 2) after 10 p.m. on both nights support from the colleges, the only faculty and students that we do not rarely are more than 50 people using way we can comply with Food and open early enough on Saturday and the Library, while use on Saturday Housing's requirements is to shut Sunday. In addition it is difficult to SEE LIBRARY, PAGE 8 down," said Solon. get staff to work late on Friday and The problem is that it [the dropoff Saturday nights because of issues A&JL point] becomes a hazard," said A volunteer helps Rice Recycling collect newspapers around campus. relating to personal safety." Shapiro Marion Hicks, director of Food and added in an interview, "As a result, Housing. "Our fire marshals and Life Counselor and RA at Sid college, get that amount of support." Yet this we looked at what times the library CAM brings Bronx building inspectors, as well as parents said much of the problem was "a labor is critical, she said.