University of Cincinnati 8 PAGES ( VOL. LXI No. 8 CINCINNATI, OHIO, FRIDAY. MAY 4, 1973 { Gays told 'no' by administration and University Programs Gary Penfield filled Larry Elsasser, assistant director of TUC, issue and said Thoms had not expressed his conscience in concurring with the legal By RONALD LIEBAU said it was his understanding that the legal moral considerations in his presence. opinion of his counsel. "I do not feel much News Editor in for Bennis. In response to questioning, Nester said the opinion from Thoms indicated no space Bennis said he was "walking the line" of a twinge," he said. should be given to the Gay Association. between the constitutional guarantees of the Bennis who earlier said he saw no As had been expected, the University opinion from Thoms was issued with the students and the legality of the organization. problems with any group attempting to Administration Wednesday declared that "knowledge and approval of the President." Fogarty supports Gay Group He said he has no intention of overruling the organize said Wednesday night that he was "no privileges or advantages of recognition Nester said Thoms had the concurrence of Bob Fogarty, newly elected student body Student Senate, although he said he has the unaware at that time of the legal opinion of may legally be granted" to the Gay Bennis. Nester said that as a layman, Bennis president, said the "academic and legal authority to do so. the ·dty solicitor. The opinion had been Association. has to rely on the decisions of his two constitutional rights of the gays have been primary legal counsels (Thoms and Hennis said he was not acting against his received March 20 by the university legal The directive, issued in the form of a jeopardized" by the University's decision. office and Thoms said Bennis had been given memo from University Legal Counsel Peter Luebbers). He said he was "unequivocally" in favor of a copy of the opinion on the day he was Thoms, says the recent action of Student The effect of Thoms' opinion, Nester said, recognizing the group and said he was "not questioned about his personal feelings. Senate in recognizing the Gay Association is is that no funding or space allocation will be afraid to buck Bennis on this." Bennis said he had not yet felt any "lacking in force." afforded to the Gay Association. He said it Student Senate Wednesday passed a pressure from the community on the gay does not rescind Senate's recognition, but it resolution calling for an explanation by the Steve Iossi, president of the Gay issue. He would not comment on whether f denies privileges attached to recognition. legal office as to how recent action of Association, has indicated that he would be the Board of Directors had pressured him to prepared to file a lawsuit against the negating Student Senate's recognition of the Similar Oklahoma case concur with the legal opinion of Thoms and Association may conflict the Charter of University. In a similar case in Oklahoma, the District Luebbers. Thoms said he gave the legal opinion after Student Rights and Responsibilities, adopted Court held that the University of Oklahoma It was later learned that Bennis was being consulting with Thomas A. Luebbers, city by the Board of Directors in 1969, which in must grant the same privileges to an pressured quite strongly by the Board. solicitor, who on March 15 said recognition relevant part states, "All recognized student organization of homosexuals that are According to a reliable source, Bennis said of the Gay Association would "fall short of organizations shall have access to University granted to other campus groups. he was caught in the middte on this issue, meeting the standards by which the Board faciliti'es in accordance with University but that there was nothing he could do (of Directors) must be guided." practice." Paul Wells, financial adviser to student about it. Bennis will follow opinion groups, said he has been instructed by Some members of the Gay Association President Bennis said he must follow the Penfield that a budget for the Gay have questioned whether or not Thoms's opinion. He said he has been informed that Association would not be legal. moral values may have influenced his legal the University would be in violation of law if decision. Thoms said he tried to suppress his He added that it was still within the the city solicitor's opinion was not followed. moral concerns saying he based his decision General meets deficit, prerogative of the student Budget Board to on the legal matters. Bennis was not at his open hours meeting grant a budget for the group, but said they A reliable source said Thoms told him that Wednesday night because he was ill, said would have to get an opinion from Thoms. he was strongly opposed to the group on hopefu I of increase, William Nester, vice provost for student At this point, Wells said, the opinion from moral grounds. The source said Thoms was affairs. Nester and Dean of Student Groups Thoms is binding on him. against the group because homosexuality announces director ~~Mmi©W&Th%\l§lmmf~R~~-ill~W%!lt%tm!Mlll0RiiW&tml))WlMN~W.&'IMWMMN@jj@m!f'W©H>ilWW..i...W.&.i%1%h'"l}iHmttiit~ was a union which produces no life. Another source said Thoms' position as faculty '@ By MARILYN WARD • adviser to the Campus Crusade for Christ, a News Reporter lncrease next year I religious campus organization, is an example of how Thorns' mor;U values may have THE NEWS RECORD(rOM HOLZER Cincinnati General Hospital is coming out intluenced his legal judgment. I of its foreseen deficit of a million dollars and There will be no increase in student fees financial burden on students and parents." Bennis not moral issue PRESIDENT BENNIS relaxes momentarily is hopeful of having a $76,854 gain. next year and the faculty will receive a 4.5 It would have been possible for UC to Bennis ·said he felt this was not a moral at Tuesday's Board of Director's meeting. These figures were released by Rodger E. percent increase in salaries. The increase many fees which are not under the Mendenhall, hospital administrator, recommendations by President Bennis to the student fee freeze by Governor Gilligan. following an announcement by Edward A. Board of Directors Tuesday were made after The board approved the 4.5 percent Gall, UC vice-president and Medical Center a thorough examination of the budget and funding increase to each dean or unit director. the possibility of some increased state director for salary increases. Bennis urged Grievance tasl{ force The main reason for the reversal was due against a general across-the-board increase. funding. to efforts of the hospital's administration to In a statement, Bennis said, "It is tempting "I strongly recommend selective and recognize the problems causing the deficit to try to resolve some part of the financial discriminating uses of this money as a conCludes report and trying to correct them, Mendenhall crisis by charging a bit more to our students reward for quality programs and stated. and their parents in those areas where we performances. The consequences of not The main problem was the increasing rate have no restrictions. However, fees at UC doing so would be institutional President Bennis announced that the been concluded. The committee was of unoccupied beds, said Mendenhall. He have increased significantly over the past five mediocracy ," Bennis said. report of the Advisory Committee appointed last November by Bennis. explained that a bed still costs even though years and I believe that we must hold the The amounts that will be made available to investigating the grievances of the presidents In a letter to Charles Johnson, vice it is not occupied. To help this situation, line in '73-74. The consequences of not the deans ar.e now in the process of being of the United Black Association (UBA) and president of metropolitan affairs and Mendenhall said a new system of assigning doing so would simply place an additional calculated. Black Student Government Caucus have chairman of the advisory committee, Bennis beds was started. Residents used to admit accepted the recommendation of the patients according to their needs, but would committee. Bennis is requesting all "line hold some beds open in case. of emergencies. officers to implement all recommendations Admitting is now in the hands of personnel Fogarty, Thornburg take office that have not been previously put into and nurses who assign patients to as many effect." beds as possible. The grievances were lodged by two Another cause for the reduced income was By LINDA BRUZGULIS students, Ron Foster, president of Black the increased rate of out-patients, Assistant Managing Editor Student Government Caucas, and John Mendenhall explained. Clinic visits rose to Marshall, president of UBA. 156,000 in 1971-72. Emergency visits rose Foster has submitted a minority report After former student body president Deb to 126,000 half-way in to the 1972-73 fiscal charging that some of the grievances have Ludlow reviewed her past administration year too. The high cost of staying in the before Student Senate with "mixed not been answered. hospital urges more people use out-patient emotions", Bob Fogarty took oath of office "We are now asking the President and the facilities to get treatment, Mendenhall said. as student body president Wednesday night Board of Directors to . uphold their A new system of placing certain similar pledging his entire effort to student responsibilities to the University and all diseases in an area with a group of nurses government for this next year.