Technician. Volume Llll, Number 53 Wednesday, February 7, 1973 Photographer assaulted in game by Marty Pate an unidentified security officer, who investigate the case. However, no and Carolina head coach Dean Smith fight," whereupon 10 students leaped News Editor told Cain he could do nothing and action can be taken until a witness to were involved in separate altercations on him. Smith was reputedly struck in- Allen Cain, Agromeck photo- told him to speak with Chief of the alleged assault is found. Monday night. the head by a State student with a grapher, claims he was assaulted by Security for the game, Sam L. Penny. “I’m ”not out on a headhunt. I ACCORDING TO the reports, “Pack Power” sign. Carolina basketball player Ray Hite According to Cain, Penny replied don’t want to see Hite locked up. If Washington jumped up after the game Neither Smith nor Washington were Monday night after the game. to his complaint with, “You shouldn’t he’d apologize, and it doesn’t have to and shouted, “Anybody want to available for comment. Cain was standing at the south end have gotten in his way.” be a public apology, I’d drop the of the court after the game, off the PENNY AGREED he did say that case,” he said. court, photographing the pande- to Cain, but it was because of a case BUT THE PROBLEM of no wit- monium following State’s victory, of mistaken identity. Penny said Secu— ness remains. As long as Cain has no when Hite ran into him. Cain lowered rity was having problems at that time witness it’s just his word against his camera, and it was then Hite keeping people behind the restraining Hite’s. reputedly struck him. ropes to clear a path for the Carolina The fact that there is no witness CAIN SAID his lip was slightly team. poses another problem, that of the split by the blow, but the fact that he “At the end of the game. we overzealous State supporter. “One wasn’t seriously hurt doesn’t matter (Security) had our hands full. I thing worries me. Someone who hates to Cain. “The fact that he attempted observed to my left Mr. Price and Carolina might just come up and say to do damage bothers me. another officer having a tough time he saw it. I want a witness, but‘I want “I wasn’t mad when Hite ran into with two students who were t ing to a real witness,” he cautioned. me. I just lowered my camera to see cross the ropes. One stud nt was Apparently, Cain’s wasn’t the only who did it and if anyone was hurt, yelling in Prices’s face and at that fracas after Monday night’s game. Ed since I’m bigger than he is. The next moment it looked like Cain. Seaman, Sports Information Director, thing I knew I was hit in the mouth, “When Cain came up to me later said he had to restrain a State student and Hite was running to the dressing and complained about the assault I after being shoved by a unidentified room,” Cain said. thought he was the one who yelled at Carolina player. Cain further said he made no com- Price, and I told him he shouldn’t “I DON’T THINK it was anything ment or threatening action to provoke have been on the court. I found out intentional. The Carolina player was Hite. “He just hit me without any later that he wasn’t on the court and just trying to get back to the dressing reason. I can see him hurrying to get was in his proper place, so to speak.” room and was shoving his way back to the dressing room. I would AFTER ARGUING with Cain, through the crowd. One student too, if I were a basketball player. But Penny told him there was nothing he started swinging back and had to be I can’t see him hitting me without any nor any other officers could do since restrained. provocation. they did not witness the incident. He “I don’t think any Carolina player “THEY (CAROLINA) can’t take a then told Cain to lodge a complaint would be stupid enough to start a loss like men. They have to take it like with the magistrate downtown. fight in there last night. The odds little kids who’ve lost some candy,” Cain reported the incident to Sar- were against him,” Seaman said. Cain stated. gent J.R. Smith, who turned the case According to unconfirmed reports, Cain reported the alleged assault to over to an unidentified officer to Donald Washington, Carolina player, Gentili challenges out-of—state tuition at state-supported schools by Allen Houston introduced in the Senate which states tuition, students from other states Staff Writer that “attendance at any institution of paid the higher, out-of-state charge. State-supported universities, those higher education in the state neither University officials reasoned that the bargain-basements of higher educa- constitutes nor necessarily precludes natives’ parents as state taxpayers tion, are experiencing a new onslaught the acquisition of in-state status,” a were helping to defray the university’s of student protest: lawsuits. The more liberal interpretation ofthe expenses. peace protests and demonstrations of situation. The lawyer representing the stu- the 1960’s may seem mild in com- Gentili’s dispute is more than just a dents in the US. Supreme Court case parison to the potential financial blow desire to be classified as a citizen of argues that while a state may treat to colleges as dozens of out-of—state North Carolina. Fifteen hundred dol- different classes of residents differ- students throughout the country are lars is at stake, the differential ently, the classification “must be rea- challenging the residency require- between the $2.002 in tuition and sonable, not arbitrary.” He contended ments imposed by state legislatures. fees paid annually by‘0ut-of-state that the practice of denying residency State is among those being sued. graduate students, and the $427 figure status because a person is a student Sorry, Dean Joe Gentili, an out-of-state graduate for in-state students. ” was not reasonable, and thus violated student in the School of Design. is the FOR DECADES the practice has the Fourteenth Amendment. His key Coach Dean Smith wears the expression of aman plaintiff in the suit which is similar in been to bill students according to the argument: a 1965 decision in which who has just seen his Carolina basketball team lose many respects to a case being tried double standard of resident and non- the US. Supreme Court invalidated a its fourth game of the season and its third straight before the US. Supreme Court in resident status. Natives paid in-state March. (see ‘Residency ’page 8) to arch-rival State.(photo by Caram) GENTILI HAS lived in Raleigh since January. 1971 , when he enrolled By advisory committee as a graduate student. lie and his Wife moved all of their belongings to Raleigh. He pays local and state taxes on income and property, has a North Regan cites policy violation Carolina’s driver’s license, is a regis- tered voter in the state. has voted in by Robert McPhail Committee Chairman Charles. H. have a meeting pro forma? What if “For example. Trustee policy is state and local elections, and is an Assistant News Editor Little. the possible conflict with uni- there is nothing to do? The way is what is referred to when questions officer of the Citizens Land Use Coun- A new policy for establishing versity policy was brought to the open for anything to be discussed. A come up about the use of profits. I cil and the Conservation Council of attention of the committee by Dr. group of busy people belong to the think this (the committeeaction) rep- North Carolina. The state has consi- meeting dates by the Campus Stores Advisory Committee may be in viola- Thomas Regan. a member of the committee and it is pointless to meet resents a double standard. We use the dered him a resident in every respect committee. if there is nothing to discuss.” policy to justify actions on one hand except the payment of tuition. tion of a 1952 Colsolidated University policy. Regan made a motion that “the Little also emphasized, “This was and vote to ignore it on another According to the law, Gentili may Campus Stores Advisory Committee an action of the committee. It was not occasion." _ not become a resident of the state IN A JANUARY 25 meeting, the meet monthly and at other times an action of the chairman. I didn‘t The Technician attempted to con- until he has taken a year out of his Committee voted to meet as necessary necessary” to comply with the policy. even vote on it.” studies at the call of the chairman or tact Vice-Chancellor for Finance John to establish his residence sta- at the according to the memorandum. The REGAN, WHO HAD been critical Wright Tuesday afternoon, but his tus. even though he intends to live in request of any committee member. motion by Regan was defeated by a of the committee in a secretary said he was in conference the state permanently. The decision to meet as necessary may vote of 3-1. report to the be in violation of paragraph 8, page 8 Faculty Senate,cited an October 6 and could not be reached. The secre- , GENTILI’S LAWYER, Robert The memorandum continues.