------- ------------~-------------- - 1842 1992 Sl SQUIC! Nil NNIAL VOL. XXIV NO. 66 THE INDEPENDENT NEWSPAPER SERVING NOTRE DAME AND SAINT MARY'S Manier talks on Burtchaell case By PETER LOFTUS icy needs to be re-written so board comprised of responsible Assistant News Editor that it guarantees due process members who would guarantee of law and equal protection," confidentiality. A longtinw Notre Dame phi­ said Manier in an interview A clause in the sexual ha­ losophy professor altribl!ted Wodnesday. The Faculty Hand­ rassment policy, found on page partial blamn to thn University book is a faculty version of ND 48 of the Faculty Handbook:, for both tlw inadequacy of the students' Du Lac. ensures confidentiality of a case sexual harussnwnl policy found Manior was quick to avoid so long as it does not impede in llw current Faculty Hand­ diseussion of the "personality or upon the legal investigation. hook and the eounseling condi­ the behavior of the accused and Manier believes the University tions under which ND theology the accusers." He limited his has irresponsibly used the professor Father .James discussion to criticism of both confidentiality clause. BurtchaPII's allegrd sexual mis­ the sexual harassment policy "These principles of confiden­ conduct occurred. and the conditions which led to tiality are construed to elimi­ Edward Manior, who has the alleged misconduct. nate important rights-the right taught philosophy at ND for 32 Manier, who said he knows to an attorney and the right to years, said that the Faculty Burtchaell, saw Burtchaell's confront the accuser," said Handbook's guidelines for in­ resignation as the result of an Manier. vestigation of sexual harass­ infringement of traditional val­ Manier believes that the pol­ nwnt charg11s do not conform to ues upon modern aspects of icy should restrict a person's modern notions of domocralic democratic society, most no­ ability to make a "third-party dun process of law. tably due process of law. allegation." A third-party alle­ lin also said that the Univer­ "We've got to work harder on gation impedes on the accused's sity needs to makn a distinction the right mix of NO's traditional right to confront the accuser, he bntwoen professional counsel­ values and modern due said. ing provided by the University process," said Manier. Manier, having known Counseling C~>nter and unpro­ Manier cited several impor­ Burtchaell since he came to ND, fessional counseling provided tant elements of due process guessed that, ironically, by untrairwd advisers. not found in the Faculty Hand­ Burtchaell would not agree with Burtchaell. a ND theology book's sexual harassment pol­ his thoughts on the conflict profnssor and a Holy Cross icy: between traditional values and priest, resignnd Monday aftrr •the right of the accused to modern due process. alt.~gations of sexual harass­ confront his or her accusers; "Burtchaell's a very nice guy. The Observer/David Hungeling nwnl of male students he was •the right of the accused to Everybody says he's brilliant," Who turned out the lights? counsding were madr public employ an attorney in his or her said Manier. "But I don't think hy tlw National Catholic He­ defense, he's thought through this rela- Tom Blicher, the JACC sound and ligh~ing engineer, checks the porlPr. •the right of the accused to lighting in preparation for the football banquet. "Tlw sexual harassmnnt pol- appeal his or her decision to a see BURTCHAELUpage5 ND security does not consider date rape as an attack By CATHY FLYNN "We're not saying it isn't a sary in the case in which the dining hall is considered serious Policy procedures regarding News Writer serious crime, but it sparks a victim knows the assailant," enough to be reported in The the reporting of sexual assault ditTerent response," he said. "It said Rakow. However, Security Observer, noted one member of are outlined in du Lac and in l>alf' rape is not eonsiden~d to is not something that is going to does take reports of acquain­ the audience. Even without the faculty handbook. In eases ·1w an attack by Notre Dame threaten the safety level of the tance rape just as seriously as mentioning names, reports of involving students and faculty, S•H~urity's definition, according campus community." reports of attack rape, he in­ an alleged date rape would for example, student com­ to l>i n~ctor of Security Hex Although all reports of sexual sisted. alert students that this problem plaints should be filed with the Hakow. assault received by campus se­ "Hape is rape no matter does exist at Notre Dame, the Provost's office. "EvPry limn we havo an at­ curity are immediately reported what," said Ann Yolk, a coun­ student continued. "If a student agrees to regis­ lark on campus, we make a re­ to The Observer, the policy dif­ sellor from the Sexual Offense In assault cases, Security ter a formal complaint, then we IPasn on it," he said. Allegations fers with cases of acquaintance Services (SOS) and another sends a bulletin to every dorm will present the faculty person of acquaintance rap•~ are not rape. Security puts out infor­ member of the panel. "We need and notifies The Observer in an with the facts submitted by the madP public, Iw added. mation about assaults so that to acknowledge that all sex of­ attempt to stave off rumors, student," said Sister Kathleen Hakow addrnssed the issur of someone does not put them­ fenses are serious and that both Hakow said. "If we have an as­ Cannon, Associate Provost. sPxual harassrnm1t at a forum selves into a position to be vic­ acquaintance rape and assault sault that is left untended, ru­ Student confidentiality is strictly sponson~d yesterday by Campus timized, Hakow explained. rapes are attacks." mors take over the campus," he see SEX/page ~ AlliancP for Hape Elimination. "We have not found it neces- Theft of a bookbag from the said. McCarthy says democratic party needs improvement By DAVID KINNEY in disarray and President Ge­ Associate News Editor orge Bush is highly vulnerable, McCarthy said. as the resigna­ Democrats must confront the tion of Chief of Staff John Su­ institutional, foreign policy and nunu indicates. The party and, domestic problems of the Bush the president must be recon­ administration if it is to regain ciled, and Bush must avoid the control of the executive office, appearance of taking both sides according to Eugene McCarthy, of many issues. Democratic presidential candi­ McCarthy, former senator of date. Minnesota, criticized Bush for The Democratic Party, Mc­ allowing the corruption of the Carthy said, is adrift. Although institutions of government and the candidates are addressing fostering the personalization of some of the areas in which the presidency. "He has demon­ Bush is failing, they are not at­ strated disdain for the Consti­ tacking the most important is­ tution and the traditions of sues and have not developed a government," he said. good alternative platform. Bush has shown a willingness "If the Democrats try to just to amend the Constitution in second-guess the Hepublicans, I order to deal with moral issues think that they'd have trouble - such as abortion and prayer winning," he said. "It's not in school - that should really enough to say 'we'll give you be addressed by the courts, ac­ more unemployment benefits or cording to McCarthy. He has The Observer/Elisa Klosterman ... more food supplements' or shown disregard for the princi­ Elizabeth Pawlicki, Ann Volk and Rex Rakow discuss sexual harassment last night. According to Rakow, ND 'we'll be more sympathetic to ple of separation of powers by Security does not classify date rape as an attack. you.'" The Republican Party is also see MCCARTHY/pageS page 2 The Observer Thursday, December 5, 1991 INSIDE COLUMN Money is Lines separate high temperature zones for the day. FORECAST: Cloudy but warmer today. Highs in the low 20s with a 70 better spent percent chance of light snow. than saved TEMPERATURES: City H L Athens 39 34 The day after Atlanta 71 33 Thanksgiving was the Be~in 36 23 biggest shopping day of Boston 43 29 Calgary 09 05 the year. Chicago 30 04 Many of the customers Dallas-Ft. Worth 53 29 Denver 42 16 coming into Casual Honolulu 84 74 Corner while I was Houston 57 31 working were enticed ndianapolis 37 07 London 44 43 into the store by the Anna Marie Los Angeles 76 53 additional 25 per cent off Miami Beach 82 76 sale merchandise· signs Tabor New Orleans 58 43 SMC Accent New York 48 40 and bought outfits on a Paris 34 32 whim. I'd lie in wait Editor Philadelphia 56 36 Rome 59 37 behind a gondo, stalking San Diego 79 57 the customer who was "just looking," and San Francisco 79 48 watch them pick up tank tops, shorts, and Seattle 51 43 South Bend 32 10 summer dresses. PriiSSUre Tokyo 61 48 I knew what they were thinking because H L f,~,~l ~ rn t.. >j fxxx) § -I) ~ £) Washington, D.C. 55 38 they almost always tried to rationalize their HIGH LOW SHOWERS RAIN T-STORMS FLURRIES SNOW ICE SUNNY PT. CLOUDY CLOUDY purchases to me. "I'll be able to wear this ,•;··:· . }·· swimsuit next season, then I won't have to pay :;· ·::· :·:·: :·:::: .. .::::. ·:: . f:~:;., full price." Yeah, right. This year's bargain item is next year's fashion fossil. Then there are those who splurge on that sequined mini that you can't sit down in. They TODAY AT AGLANCE ·ustify their purchases by saying they plan to spend an evening posing.