xt7b5m627r7t https://exploreuk.uky.edu/dips/xt7b5m627r7t/data/mets.xml University of Kentucky Fayette County, Kentucky The Kentucky Kernel 19660425  newspapers sn89058402 English  Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel The Kentucky Kernel, April 25, 1966 text The Kentucky Kernel, April 25, 1966 1966 2015 true xt7b5m627r7t section xt7b5m627r7t Due Process Develops For Students

By LINDA MILLS
Kernel Executive Editor
Courts ordered an impartial hearing
for Alabama Negro students dismissed
from their college for participating in a
civil rights march downtown.
Michigan State University was ordered
to give statements of charges and an impartial hearing to graduate student Paul
Schiff, dismissed in a two sentence letter
presumably for participation in a drive
against discrimination in town housing.

News Analysis: First in a series.
Such decisions represent a growing
awareness of the courts of students' rights

to due process in disciplinary proceedings
in the public university and a growing rejection of the doctrine of in loco parentis,
i.e., "in the place of the parents."
The decisions have a constitutional
basis in the Fourteenth amendment in the
clause that states "No individual shall be
deprived of his life, liberty or pursuit of
happiness without due process."
William W. Van Alstyne, faculty
member at Duke University Law School
and expert in the field of student academic
freedom, said the decisions mean that no
public university can enforce a contract
which requires a student to relinquish any
civil liberties "unless restrictions on these

liberties can be demonstrated to be essential to the operation of the institution."
This invalidates the University's right
to regulate a vast array of student conduct
and misconduct under such ambiguous
clauses as "conduct unbecoming a student." It also places the burden of proof
for the necessity of the regulation on the
university.
The new rulings also see the student
as a free but responsible citizen within a
university community rather than a charge
of the paternalistic university administration under the doctrine of in loco parentis.
The role of "other parent" is legally and
ethically beyond the role of the university
administration, the courts have held. At

tempts to regulate behavior not directly
connected with the academic function of
the university represent violations of civil
liberties of the student.
By the same token, universityadminis-trator- s
have fewer responsibilities to the
student than they had under the in loco
parentis doctrine. Administrators need not
find the student a place to live, intervene
with local law enforcement authorities
when he is arrested or make periodic checks
on his personal appearance.
"Even today few colleges act entirely
in the in loco parentis tradition," Prof.
Van Alstyne said. He said that while a
Continued on Pate 5

It'
t
1

Vol. LVII, No. 126

University of Kentucky

LEXINGTON, KY., MONDAY, APRIL 25, 1966

SDS-Sponsore- dl
for Victory in Vietnam picketed the Southern Festi-

Students

val of Song sponsored by Students
For A Democratic Society at
Memorial Hall Saturday night.
The eight pickets, all university students, carried signs read-Review, picture of the folk
festival, page two.

as saying SDS had concealed its
sponsoring the event and had
duped performers into participating.
J. D. Crowe, one of the performers, said he didn't "know

anything about that but I'm just
here for the money."
The majority of the performers
were drawn from the Southern
Ho No" and Festival of Song, an arm of the

ing, "Music Yes,
"To Hell with the" Peace-Niks- ."
They also handed out leaflets
"anti-U.protest
protesting
groups."
SDS is an admittedly leftist
student group which has gained
national attention through its
stand against the war in Vietnam.
Lister Witherspoon, cochair-ma- n
of the Students for Victory
in Vietnam (SVVN), was quoted
S.

Southern Student
Organizing
Committee (SSOC) active student civil rights group, which
closed a
tour in Lexington.
Miss Bernice Reagan, civil
rights protest singer with the
Southern Festival of Song, said
her group was not connected with
the SDS.
She said her group will sing
anyplace they can get a sponsor.
te

CRA Meets Tuesday

The Kentucky Constitution Revision Assembly will hold a public
meeting at 1:30 p.m. Tuesday in the College of Law auditorium. The
meeting had originally been set for 2 p.m.
The revision, if adopted, would make substantial changes in all
areas of state government.
University President John W. Oswald will be host to the Assembly
at a Student Center luncheon preceding the afternoon session.
D. A. Akers ofMorehead is the secretary of the group that recently completed its proposed revision of the state constitution.
The revision will be on the ballot in the November elections.
Students and others interested in the proposed constitution have been
encouraged to attend the 1:30 session.

i

!

I

tzzzzi

Eight, Pages

Students Picket
Concert

Pro-Wa- r

tl

;

flnrm"V'','jl

zySk

yt

i.

It was later learned the SDS
received no money as profit from
the concert. The contract with the
Southern Festival of Song states
that the sponsor group shall get
enough money to cover expenses,
renting the hall, advertising, etc.,
no more than 30 percent, no more.
The remainder of the total
receipts is paid to the performers
to cover their travel, food and
lodging expenses.
The Students for Victory in
Vietnam is the same group that
initiated the petition supporting
the war in Vietnam that collected more than 4,200 signatures
and was sent to the President.
The pickets dispersed after
the concert began.
Papers handed out during the
protest read in part:
"Where is your dollar going?
Have you taken a stand against
Vietcong assassins? Refuse to
support anti-U.protest groups.
"Do you think that you should
give monetary support to an
organization that takes an active
role in attempts to frustrate the
U.S. military effort in Vietnam?
"Does the tolerance of the
ideas and beliefs of minority protest groups require your monetary
support?
"Are folk singers experts on
world politics and morality? Does
your admission fee support your
S.

ideas?"

.-

-

ir""-4-

r

Belle For A Day
parasol, white gloves, an antebeUum dress, and Southern
of an Old South parade. A few greetings are extended
to a convertible of Kappa Alphas and their dates as it passes the
Delta Delta Delta sorority house during their annual parade
Saturday.
A

Belle-ingredi-

ents

4-

Student Center Head
Said Stepping Down
The Kernel has learned Miss MackieRasdall will soon step down
after 23 years as Student Center director and will be replaced by her
current administrative assistant.
Frank Harris, a night super-vis- presumably will publicly disclose
the change.
in the building while a UniHarris, sources say, has al
versity student two years ago, will
assume the director's ready taken over many of the
officially
job July 1, according to reliable new job's responsibilities, and
sources. He has been assisting consequently, the building's staff
has been told of the changeover.
Miss Rasdall since last fall.
Announcement of the adminisFurther reports say Miss Rastrative switch probably will be dall wll become an assistant dimade at tonight's Student Center rector. She reportedly asked for a
Board banquet.
replacement as early as two years
Robert L. Johnson, vice presiago, and agreed to continue her
dent for student affairs, and duties until one could be found.
George J. Ruschell, director of Harris was asked to fill the
's
auxiliary services, are Miss
position last January, according
immediate superiors, and to reports.
er

Ras-dall-

Drill Meet Participants Refight The Civil War
The University's confederate squad fights it out with
the union squad from Ohio State University in mock
Civil War competition of the Ceorge A. Knight Invitational and First Regimental Drill Meet held behind
Stoll Field Saturday. The picture at the left shows the
turning point of the battle that won the competition

the Confederates. The Union squad charges into
the line of fire of the Southern cannon. As the smoke
clears in the right picture, there is still some minor
fighting going on behind the cannon. Had the cannon
been filled with live ammunition, the charging troops

schools were represented at the meet which included
IDR, exhibition, coed and individual drills in addition
to the Civil War competition. The meet has been held
annually since 1925 and was last held at UK in 1962.

19

Kernel Photot by Rick Bell

for

would have been massacred. About

100

teams from

* Folk Festival Portrays Portfolio Of Ballads
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* THE KENTUCKY KERNEL, Monday, April 23,

Bulletin Board

ZRT
i

Senator John Sherman Cooper
will speak on "The Case for
"
Modifying the One-Matonight at 8 p.m. in the
Student Center Theater. All students, faculty and guests are
invited.

-- J

n,

1

One-Vote-

Students interested in applying for appointment to the Board
of Student Publications
may
obtain the proper application
blanks at the following offices:
Kernel, Student Center Program
Director, and deans of men and
women. Deadline for returning
application to the Office of the
Vice President of Student Affairs,
located in Room 163 of the new
engineering building, is May 10.

4--

The Lexington Commission on
Human Rights will meet tonight
at 8:30 in the City Hall commissioners chambers, Walnut and
Barr Streets. The program includes reports and discussion on
Students and
area education.
stall are invited.

Interivoven Socks

New 411 Club Officers
Club for 1966-6- 7
Newly elected officers of the
are from left to right: Mickey Miller, president;
Carolyn Mills, publicity chairman; Hazel Ra gland,

Young Republicans Club will
hold its last meeting of the year
tonight at 7:30 p.m. in Room 243
of the Student Center. A special
meeting of all students who live
in the Fourth Congressional District will be held at 7 p.m. in the
same room. Applications for the
state convention will be available
at the meeting.

Are now availabl

treasurer; Susan Johnson, secretary; and Ernie
Harris, vice president.

at

Kernel Photo

...

HT""

.

"7

CLASSIFIED
S cents per
Deadline for acceptance of classified
copy is 3 p.m. the day preceding publication. To place classified ad come to
Koom 111 or 113, Journalism Bldg.
Advertisers of rooms and apartments listed In The Kentucky Kernel
have agreed that they will not Include,
as a qualifying consideration In deciding wnetner or not to rent to an
applicant, his race, color, religious
preference or national origin.

Classified advertisements,
word ($1.00 minimum).

FOB RENT
ROOMS

FOR

RENT

Men

only.

Kitchen, dining room, living room,
and 2 baths included. Between UK
22A2t
and downtown. Call
0.

efficiency apartments attractively furnished. Vacancies for summer and fall available
early May. 317 Transylvania Park.
2SA5t
Phone
FOR RENT Male studeuts. Comfortable single and double rooms. Summer and fall term. Near UK and
Medical Center. 119 Gazette.
8.

6.

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FOR SALE 1960 Austin Healy Sprite.
Good condition. Must sell. Call 278-2919A5t
after 5 p.m.
FOR SALE 1960 Austin Healey Sprite.
Good condition; new clutch, brakes,
transmission, $1,000. Kennedy Book
3.
Store Lot. Lynn Cravens,
21A4t
FOR SALE
Mobile home. 8' x 43'
Cadillac.
Reasonably
priced, good
condition. See Frank Melton in Ingle-sid- e
Trailer Park at corner of Devonshire Ave. and Impala Ct. (Lot

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LOST
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Lewis, 1410 Audubon Ave. Phone
22A3t
Reward offered.

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* "Now If We Could

Restricting Protesters

In his lecture to the University
chapter of the American Association of University Professors last
week, student academic freedom
expert William V. Van Alstyne
pointed out a fallacy of restricting
protesters because of violence inspired by their actions.
Too often, Prof. Van Alstyne
said, universities move to place
restrictions on demonstrators because their peaceful actions kindle
more violent behavior in others.
The regulations should be made
against those engaging in violence,
not the demonstrators, Prof. Van
Alstyne said.
UK made the kind of mistake
Prof. Van Alstyne referred to in
restricting pickets to the area across
the street from Memorial Coliseum
after the Founders' Day incident,
in which peaceful demonstrators
from the Students for a Democratic

Phone Relief
News that the University has
taken steps to replace its antiquated
phone system is welcome. The present system simply cannot handle
the volume of calls made by University phones.
Although the new system will
not be completely installed until
1970, an increase in the number of
lines will bring at least some relief
to the current phone problem.
It is unfortunate the new system
cannot be completed earlier, but the
University should be commended
for its decision to install a completely new phone system rather
than attempting to renovate an
antiquated one. The new system
hopefully will meet the University's
needs more adequately.

Letters To The Editor

Interfere With OUK Election"

Society were pelted by eggs by
anonymous students.
It would seem that the egg
throwers, not the demonstrators,
should be subject to University
regulation as they not the demonstrators were responsible for creating an incident which interfered
with the legitimate educational
function of the University.
The University, like any other
restrictive body, cannot use threatened violence as an excuse for
denying rights to any citizen or
group.
By limiting their activities to
a specific area and barring them
from the area before the Coliseum
without adequate justification,
University officials have interfered
clearly with the rights of demonstrators.
Unless the University had alleged and proved that the SDS
demonstrators themselves, not considering their hecklers, had interfered with traffic or entry and
exit from the Coliseum, they had
no right to exile the protesters
across the street.
Quite likely the banishment interfered with the effectiveness of
the protest. As most persons approached the Coliseum on the side
of the street on which the women's
dormitories are located, a person
would have had to cross the street
to obtain copies of the literature
the S DS members were distributing.
The University has the obligation to protect the peaceful expression of ideas on its own campus,
but restricting actions against
orderly demonstrators instead of
their disorderly hecklers is hardly
an adequate means of doing so.
.

Help For Slum Schools

The National Teacher Corps is
an imaginative effort to break the
cycle of poverty and ignorance in
rural and urban slums suffering
from a lack of trained teachers
and of funds with which to attract
them. Passed by Congress last year,
the project fell victim to a
refusal of appropriations
a balky House of Representaby
tured, and unwashed inhabitants tives. Corrective action taken in
therein.
the House now makes it virtually
A full scale rebuttal of her
certain that the first corps candinonsense would exceed the
dates can be selected and trained
nd-studded
200 word limit. Sufin time for assignment to schools
fice it to say that 1) really poor
in September.
people constitute a miniscule fracIn the final steps of clearing
tion of the population of SE Kenthe measure the Senate should retucky. 2) Mountain people are not move a clause hastily added
by the
dirty! They are scrupulously clean. House, under which local districts
(Incidentally, we used to have would be required to
put up 10
chicken pen in the back yard and
percent of the training funds. This
my brother and I made pets of provision would take
money away
several and would bring them into from the education of
needy
the house). 3) Even before LBJ,
children and use it for teacher-trainin- g
there was aid. I have seen the
fellowships. Thus a seem"poor" drive up to the county ingly minor detail could weaken
courthouse in their
cars a fine program.
for free sacks of food. Anyone
Despite its "national" label,
who lives in abject poverty has
only himself to blame.
In closing, I would like to ask
Miss Grisham three questions:

Reader Criticizes Article
On Southeastern Kentucky
To the Editor

of the Kernel:
While waiting for a UK musicale
to start, a friend and I amused
ourselves by reading the April 20
Kernel. One article, however, irritated us. My friend and I are
residents of Harlan County. The
article was Judy Grisham's absurd
article about Southeastern Kentucky, and the ignorant, uncul- -

Just He Sure Vietnam Won't

last-minu- te

diamo-

late-mod- el

Have you ever spent any time
on a farm any farm? Have you
taken a look at Lexington's seamier
side lately? What kind of music
have you been listening to lately
The Supremes?
HANK DAVIS
A&S Junior

this program poses less of a threat
of Federal interference than any
other school-ai- d
legislation. The
men and women of the corps will
be entirely under the control of
the local school boards; these
boards can even demand the corps'
removal. Thus the local authorities
will have greater control over its
teams and internes than over their
d
own
teachers.
The National Teacher Corps offers a chance to break the isolation
of poor, rural schools from the
sources of teacher supply. It may
help the cities to discover new
channels through which young men
and women with more varied backgrounds and goals may enter the
classrooms.
An anticipated bonus is that
some who enter the corps with a
short-tercommitment may find a
new career instead. It will be up
to the local school boards to avoid
dampening the young recruits' enthusiasm
bureaucratic
through
rigidity.
-- The New York Times
tenure-protecte-

m

The Kentucky Kernel
The Souths Outstanding
College Daily

ESTABLISHED

university of Kentucky

1894

MONDAY, APRIL 25. 1966

Walteh Chant,

Linda Mills. Executive Editor

Editor-ln-Chi-

rt

John Ztii N vus EJitor

Judy Grisham, Associate News Editor

Henhy Rosenthal, Sports Editor
Mahcaket Bailey, Arts Editor

Caholyn Williams, Feature Editor
William Knapp,

Advertising

AaridiM-"'"-

Tehence Hunt, Managing Editor

Sta.,

Marvin Huncate, Circulation Manager

* .THE KENTUCKY KERNEL, Monday, April

In Loco Parentis Theory Withers

Continued From Paf e 1
college might use its parental role
to enforce chapel attendance
rules, few would yield to even
overwhelming parental pressure
to eliminatewritings of Karl Marx
from its academic program.
Acting in loco parentis is further complicated by the fact that
law does not agree on a single
age of majority, Prof. Van Alstyne
explained. "In many cases a person must be 21 to vote, but at 16
he may obtain a driver's license
without his parents' consent."
Prof. Van Alstyne said the
doctrine of in loco parentis is
as the
becoming outmoded,
median age of college students

rises above the legal age of
consent.
Prof. Paul Oberst, UK professor of law and member of the
American Civil Liberties Union,
traced the origin of the parental
role for college administrations to
the Hritish system, where students often were young teenagers.
The Hritish "tough headmaster"
concept always has been in conflict with the Continental tradition in which the college was
concerned only with the student's
intellectual development.

nary charges against students.
Hearings before impartial boards
with the right to hear charges
e
and
the accuser
are among the procedures ordered
by the court.
Various educational organizations and professional societies
have gone a step farther than the
courts in specifying rights of due
process. First to comment on the
subject was the American Civil
Liberties' Union, in 1963 soon
followed by the United States
National Student Association.
The American Association of University Professor's committee on
student academic freedom has
recently made recommendations
on the subject.
cross-examin-

A major point of recent court
rulings is the requirement that
e
colleges follow
proceedings in bringing discipli
quasi-courtlik-

'

University Soapbox

Looking Back On The SC Race
By DON PRATT
The current representation of
Student Congress is null (insignificant). Now, representatives
take no stand nor represent any-

thing other than popularity and
in most
voting."
In this case Congress becomes
"
nothing more than an
Interfraternity Council.
This does not say the individuals elected are not capable
but that they have no commitment other than attendance and
obedience of the constitution.
It is good that some talk about
how attendance and enthusiasm
can form a good Congress but
responsibilities, mission, or pur-cases-"bloc- k

"inter-grated-

Unusual

and

beautiful

ele-

gant shape of a marquise
diamond. Selected for beauty
and durability.
Reasonable

terms available.

Proven Quality

pose are the objectives of representation . . . none have or must
take such stands for his or her
election.
Mr. Pratt was a candidate for
the Student Congress presidency
through a write-icampaign.
He was not listed on the ballot
because he did not meet
requirements for the
n

office.
Articles appearing in "Univerthe
sity Soapbox" represent
opinions of the author, not the
Kernel.

Since

the necessity to answer what
was a loud demand for an effective and relevant Student Congress. I knew that constitutionally and politically I was not
an acceptable candidate but did
want to learn more about the
campus and help shape it next
year.
The experienceof running was
worth the sacrifice (25 cents)
and the vote that I did receive
acknowledgement for (42?) was
sufficient. I would state at this
time that the official count does
not seem realistic to me since
I have been questioned by more
than "42" about the weakness
in numbers.
As for the constitution question of legality of my running,
I felt and still contend that if
"a man runs for President of
the United States at the age
of 30 or any other "unconstitutional" age, rank, philosophy,
grades, . . . that if elected, and
it would have to be by write-in,

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then he would be our President."
To the Kernel, I would say
"you hypocrite" knowing the
weakness of the candidates-verbalizi- ng
only, then at the
latest of moments. The pen can
create or stimulate action yet
the reporter is not only a recorder, the author must also be
an actor. The greatest or most
recognized critic is the man who
stands within the structures and
critically analyses, an outstandt.
ing example being Senator
As to the criticism by
the Kernel, it is tremendous but
you also must suffer through
and participate in before really
knowing.
Eighteen Hundred indicated
that they felt Carson Porter had
the best program for next year's
Congress. It now should be
carried out with ease and with
little time involvement as to
discussion.
Congratulations to Mr. Porter
and also a challenge to set out
finishing his program with speed
and finesse, which he does have-th- en
hitting some of the more
important demands of the students of this campus. He must
again face the question of NSA
as they are now and will continue
to be the only recognized national
student government body.
Feeling still indicated that the
newly elected president ran and
will serve finding out only what
this position can do for him and
not what he can do for the position. I, truely, wish that if this
is wrong then speak out Mr.
President, and act thusly.
Velocity at debate substitutes
not for accuracy of action.

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in

participation

polit-

ical activities or free expression of
ideas on or off campus.
The statements have resulted
in formal procedures of due
process specified at several colleges and universities throughout
the nation, but few contain all
guarantees included in the statements.
Most leave basic questions
unanswered, such as when the
university has a legitimate academic interest in the actions of
a student.
Here at UK interest in due
process for students recently has
been kindled. Included in the
proposed Student Congress constitution is a statement guaranteeing students certain rights in
appearances before the Judiciary
Board, Congress's judicial wing.
A faculty committee on student
affairs has launched a long-rang- e
investigation of the issue, and
members expect considerable re--

WILLIAM VAN ALSTYNE
The Legal Side
form in formal proc edure to result.
The committee's efforts have
administrative backing, as the
UK administration hasasked that
considerations of due process be
given "top priority"' in its consideration of student affairs.
Tomorrow: The Doctrine and
cess of UK Discipline

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These proposals have out lined
more specifically guarantees, including a clear codification of just
what constitutes an offense, right
of the accused to have counsel
and witnesses, right of appeal of
a decision, clear jurisdictional
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called for a clear delineation of
what is not an offense, such as

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THE

KENTUCKY KERNEL, Monday, April 25,

19GG,

Sports WildcatBy Henry Rosenthal
The
Offense?
The Wildcat Defense?

How good will the UK offense be next season? If fans were
wondering before Saturday night they will certainly be wondering
now. With the loss of Rick Norton, the dominant figure in the
Wildcat offense for three years, the Wildcats are sure to offer a new
look offensively.
e
The defense in Saturday night's
game put on a strong
showing against an offense that had four new interior linemen, a
new end, two new quarterbacks, a tailback who played fullback
last year, and a fullback who just did not play last year.
In addition the defense performed without the help of Mike
McGraw, a linebacker who was one of the top defensive players
last year.
VVhile Roger Walz may be commended for his 11 completions
in 20 tries, most of the time the ball went up in the air for a
distance of over ten yards, it became a most questionable thing
about which team would catch it.
UK will not have the sudden striking power that it had this
past season. Like Bradshaw said the team will come to regard
gains of three, four, and five yards in a more favorable light.
The Wildcats four yards and a divot of Bluegrass certainly wasn't
in evidence Saturday night. Outside of one TD in the first period,
the defense dominated until late in the 'game when it did not
matter much anyway.
Terry Beadles, who mostly played defense last year until he
was singled out for qua