xt7r4x54j169 https://exploreuk.uky.edu/dips/xt7r4x54j169/data/mets.xml University of Kentucky Fayette County, Kentucky The Kentucky Kernel 19680208  newspapers sn89058402 English  Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel The Kentucky Kernel, February  8, 1968 text The Kentucky Kernel, February  8, 1968 1968 2015 true xt7r4x54j169 section xt7r4x54j169 Tie Kentucky Kernel
The South's Outstanding College Daily

Thursday Evening, Feb. 8, 1968

UNIVERSITY OF KENTUCKY, LEXINGTON

Vol. LIX, No. 94,

UK Growth

v7t

Slower Than

V
c

National Rate
Despite the enrollment of
students at the University this school year, recent
figures show that the growth
was below the national average.
Statistics released this week
by the Department of Health,
Education and Welfare (HEW)
showed that the number of students enrolled in all American
colleges and universities increased about eight percent.
The growth here was 6.8 percent.
The growth rate at UK over
the last five years, however, exceeded the national increase for
the same period. Influenced considerably by the addition of four
new community colleges, the Ten
faculty members were honored at the
total university enrollment grew Outstanding Teachers Awards
Banquet last
from 11,321 in 1962 to 22,221
night in the Student Center Ballroom at 6 p.m.
last fall.
Receiving recognition were (from left to right):
This represented a growth of Dr. Thomas Burton, special education; Dr.
nearly 50 percent, while the natPaul C. Sears, chemistry; Mr. Bernard

vo

1,421 new

r

r

Ir

c

1

Greeks Honor Outstanding Teachers

ional enrollment since 1962 grew
only 45 percent.
The largest overall growth rate
was found in public institutions
of higher education. There was
an increase of only 3 percent in
the number of students attending private schools. The number
of freshmen at private schools
actually declined more than 3
percent since the fall of 1966.
More than $1 billion in federal aid for student loan and aid
now helps nearly
programs
1,250,000 college students, compared to 255,000 students who
received such assistance five
years ago.

'SOCRATES
BITES COED
A UK coed was in satisfactory condition last night
at the Medical Center after
being bitten by President John
Oswald's dog, 'Socrates'.
Mary Menge, a freshman
living in Holmes Hall, was
bitten on the hand by the
St. Bernard on Tuesday while
visiting Dr. Oswald's home.

Marijuana Arrests
Made At Western

BOWLING CREEN,Ky. Three Western Kentucky University
students were to appear in Bowling Creen Police Court today on
charges concerning the sale and use of narcotics.
The students were arrested Wednesday night in what the Warren
County Sheriff's office described as the climax to a
investigation into the alleged use of drugs by some Western stuthree-mont- h

dents.
Being held in lieu of $5,000 bond each were Jolin Steven Campbell, 22, Covington; Donna Kay Cardinale, 18, Clinton, Md.;
and Donald Stanley O'Brakta, 18, Bal Harbor, Miami Beach,
Fla.
Lancaster said that more arrests, perhaps 15 or 20, were expected to be made. Five other Western students were being held
Wednesday night for questioning.

(Skeeter) Johnson, health, physical education
and recreation; Dr. Nicholas Pisacano, medi
cine chairman; Dr. James Clark Beidleman,
mathematics; Miss Sara Holroyd, music education; Mr. Wallace Briggs, theatre arts;
Mr. J. M. Edney, zoology; Dr. Holman

Hamilton, history; and Mr. Rollin A. Las-ser, English. The program featured three
speakers, including UK President John Oswald. The awards were presented by Cleo
Vradelis, president of the Panhellenic League
and Lynn Williamson, IFC president.

et

Court Fights, Resignations
Would Meet Speaker Ban

By GUY MENDES
Chances of further speaker
ban resolutions in the state legislature seem slim, but should
any such laws be enacted, court
fights and resignations by certain University faculty members

may be invoked.
Three UK professors said
Wednesday night that should a
speaker ban measure be enacted,
they will fight it in the courts
and possibly resign their positions at the University.
Dr. Gene Mason of the UK
Political Science Department
voiced the strongest opinion, saying he "would resign if a speaker
ban were enacted" because the

legislature had "no right to restrict the presentation of ideas."

Associate professor of business
Lawrence Tarpey said such an
enactment would be "not only
a tragedy, but a disaster" and
said, "if it is a bad bill, you
can fight it . . that would be
my position. But if that alternative would not work, if there

was no hope of fighting the bill,
I would probably look for another

job."

A third, Dr. Er W. Kelley,
also of the Political Science Department, said he would hold
Dr. Tarpey's position and would
resign if a speaker ban law "were
enacted and not challenged suc-

cessfully."

A proposed resolution barring
an antiwar conference to be held
at UK this weekend was to be

introduced to the legislature last
week but University President
John W. Oswald met with the
legislators behind the measure
last Thursday and convinced
them not to introduce it.
Small Possibility
There remains a small possibility that two other speaker

ban resolutions could be introducedone concerning the appearance at UK of Herbert Apth-eke- r,
Director of the American
Institute for Marxist Studies, on
April 22, and another concerning
a speaker ban in general.

Most feel the chances of such
resolutions are slim.
Robert Sedler, associate professor of law, called the speaker
ban crisis "a dead issue."
"I don't think there is any

real likelihood a speaker ban
will be enacted," Sedler said.
"The state legislature has never
enacted any loyalty oaths or
speaker ban laws, only the sedition law back in the 1920's."
"Some of the legislators just
I think the
want to pop off
legislature as a whole has good
sense," he said.
Sedler said if a speaker ban
law were enacted, "I would simply take the thing to court at
the first opportunity and have it
declared unconstitutional." He
said having it declared unconstitutional "could be done quickly" and would be "very easy."
Dr. Mason said any speaker
ban law would do "nothing to
bring credit to the notion of
education," and would "violate
e
Continued
7, Col. 1

...

on-Par-

Coming: The Weekend Against The War

By DARRELL RICE
Kernel Staff Reporter
Tli is coming weekend might well be titled, "The
Weekend Against The War."
A number of prominent speakers are scheduled to
appear at the Vietnam Forum Friday night and the
Conference on the War and the Draft Saturday.
Students for a Democratic Society (SDS) and the
Student Center Forum Committee are cosponsoring the
third annual Vietnam Forum in Memorial Hall at 7
p.m. Friday, Feb. 9.
Three speakers will discuss the war at the forum.
They are Cen. Hugh Hester, Rennie Davis and Bron-so- n
Clark.
Cen. Hester, who is retired from the Army, was
decor at ed for gallantry in World War I. He has done
graduate work in international relations at the Uniof a book on
versity of Pennsylvania, and is
foreign policy, "On the Brink."
A cofounder of SDS, Rennie Davis is now director
of the Center for Radical Research at the University
of Chicago, lie participated in a conference held in
Czechoslovakia last September between people from the
American Peace Movement and representatives of the
National Liberation Front and has also journeyed to

Hanoi.

Businessman

Bronson Clark is director of the Am

erican Friends Service Committee's Special Vietnam
Effort. He also participated in the Czechoslovakian
conference and he traveled to Thailand, Cambodia and
South Vietnam.
The Vietnam Forum will be free of charge and is
to be moderated by Dr. Michael Adelstein of the English Department.

On Saturday, Feb. 10, the Kentucky Conference on
the War and the Draft, which aroused much controversy in the state legislature, will be held in the Student Center.
The conference will begin at 9 a.m. with registration and last until 9 p.m. Several groups are sponsoring it, including the SDS and the UK Peace Action
Croup.
Kentuckians from communities and campuses across
the state will attend, campus coordinator for the conference David Elkinton said.
Speakers will include UK Professor Wendell Berry,
a poet and novelist, and Professor of Law Robert Sedler.
Prof. Berry will speak on "How I Came to be Against
the War," and Prof. Sedler will talk in the afternoon on
"The Draft and its Legality."
Other speakers will be Negro David Tuck, a former
member of the Creen Berets in Vietnam who testified

at the Bertram Russell War Crimes Trial in Sweden,
and John Wilson, a leader in the black militant Student Nonviolent Coordinating Committee (SNCC) and
chairman of the National Black Anti-Wa- r
and Anti-Dra- ft
Union.
Also to speak are Joseph Mulloy, former Appalachian Volunteer who is now with the Louisville Peace
Council, and former UK student John Lewis, who is
awaiting legal action after having refused induction
last October.
Small-grou- p
workshops will meet throughout the day
under the three general groupings of "The War in Vietnam: U.S. Domestic and Foreign Policy," "Organizing and Educating for Action" and "Action Against
the War and the Draft."
A press release says the conference "grew out of
concern expressed by poor people, community organizers and students at the meeting at UK in November
about the way the war creates greater poverty and the
draft takes young men away from their families and
communities because they are black or poor or both."
Elkinton said, "What we Itope to accomplish is to
put people in touch with others across the state and
particularly with people in their regions. Organizing
for action will be up to the groups."
The conference will charge a
registration fee
and all interested persons are invited to attend.
50-ce-

* THE KENTUCKY KERNEL, Thursday, Feb.

P

I

I

lr

.,r'

V

IN THE SWIM
1

m
K'li

1

I
1

y"V'

.

Francie Pcnick wears a flocked voile blue and
white two piece with a matching windbreaker.
The suit costs about $12. The windbreaker is extra. Francie, a member of Zeta Tau Alpha sorority,
shown
on this page are compliments of Bloomfield's.

is a senior English major. All swimsuits

Kl

S3

'

.,

.

A

W

I

.

Lynn Sykes has chosen a three piece voile suit. Blue flowers are
embroidered on the green background, with blue ribbon trim. The
suit features adjustable briefs which can be raised or lowered. The
suit cost approximately $19. Lynn, sophomore medical technology
major, is a member of Alpha Delta Phi sorority.

Kernel Photos by Rick Bell

By VIVIAN BROWN

WlhKmt

woinft tel youa

one-quart- er

one-quart- er

one-quart- er

half-hou-

.

bird-cag-

The Associated Press

They won't tell you about all the job opportunities
we have for college graduates engineers, science,
business and liberal arts majors. Not that they
wouldn't like to. It's just that there are too many
r
interview
jobs and too little time. In a
our man would barely have time to outline the
scope and diversity of the opportunities we offer.
That's why we published a brochure called "Start
ing Toints at General Electric." In plain language

J

white voile dotted Swiss with pastel border
deprint is worn by Marti Sik, junior clothing,
and merchandizing major. The suit illustrates
sign
e
the new
design, a two piece with open
back. The suit costs about $18. It also comes with
matching shift of the same material, trimmed with
yellow ribbon and a ruffled bottom.

Kooky Ring?
Many kooky rings seen in department stores are inexpensive
plastic great blurbs of white,
green, red, orange. Some girls
match rings bracelets and earrings.
If you want a wardrobe of
rings, you can have lots of fun
making them with pantry ingredients. You can make a little circle for the small finger or add
a little bow or knob to vary designs. Or you can make big
chunky rings.
The cupboard ingredients can
be mixed in a jiffy. Take 2 cups
of baking soca and 1 cup of cornstarch. Add one and
cups of cold water. Mix until
it is smooth. Bring to a boil
over medium heat, stirring constantly. Cook a minute longer or
until the mixture resembles moist
mashed potatoes. Remove immediately.
To make rings, rollthe'clay"
out on a waxed paper to
inch thickness and with
a knife and ruler cut strips
inch or width
preferred. The length of the strips
naturally depends on the circumference of your finger.
You can take your measurement with a piece of string and
lay it flat next to the clay.
Moisten the two ends of each
strip before pressing them together to form a firm bond. You
can roll little balls of the clay,
moistening and pressing the balls
into the clay band to give the
strips variety or you can make
a braid of several strips for a
different kind of ring. Another
idea is to put three plain strips
together and color each strip a
different color. If you want to
etch the ring or knob, do it with
the tip of a knife or a paper
clip.
Place finished rings on a wire
rack in a wann 350 degree oven
that has been turned off. Leave
in oven for alxmt half an hour.
Paint rings with water colors
or tempora paint after they become hard and dry. Then dip in
shellac for a slick, ceramic-lik- e
finish.

;

A

w

I

..

Make Your Own

It's fashionable to wear little
and big kooky rings on the fingers . . . lots of rings, too!

8, 1968- -3

it will tell you exactly how and where a person with
your qualificatioas can start a career with General
Electric. Pick up a copy at your Placement Office.
Then arrange for a productive session with our
interviewer. He'll be on your campus soon.

GENERAL

ELECTRIC

An equal opportunity employer

* 2

-- THE KENTUCKY KERNEL, Thursday, Feb. 8, 1968

Scanning Coll ege News
Ohio University
Beer at dorm parties? The
Ohio students are looking into

the possibilities of having

Although the appeals of 38
of the students involved in the
demonstration were denied, the

eight who faced police court
brew at university grills, in the charges of disturbing the peace
dorms and at social events.
were taken off probation to enSeems the students were not hance their chances for a fair trial.
ready to accept the Board of One student was found innocent
1 mi lres thumbs down on the of any violation of university
iifi when it was. first proposed rules in the demonstration.
ind investigated last August.
Meanwhile the dismissal of a
Now the Student Congress Social Gmmittee is asking rangraduate student of his teaching
domly selected parents, faculty, post led to a protest editorial
administrators and students what by the student newspaper.
they think about the proposal.
The editorial questioned the
University Of Iowa
of the student, Paul Klein-berge- r,
in police court can firing
Appearing
by the university simply
have its advantages, as eight
a
because
his
students found out here. The Decemberof 5 participation in
antiwar demonstraeight were among 47 students tion.
who were appealing beingplaced
on probation after participating
Kleinberger was charged with
in an antiwar demonstration Nov. using a two-wa- y
radio to help
3.2

1.

coordinate the demonstration and
of disrupting traffic. His case has

CINEMA

ac

not yet been tried.

.in-i-

Marshall University
The Gamma chapter of Sigma
Phi Epsilon fraternity here may
have its charter suspended for
one year because of hazing activities. Dean of Student Affairs
Olen Jones recommended the suspension after he learned pledges
were required to sit naked on
cakes of ice while ice water was
poured over them, says The Par-

NOW SHOWING!

IGDEBL

thenon.

Some 125 university students
and area residents have enrolled
for seminar sessions patterned
after a "free university" in which
students will plan their own study
programs and chose their ownin-stnictofrom their classmates.
The only charge for entering the
"free university" is a $2 fee for

STRAND

wftwnuw.'"Bm

NOW SHOWING!

JULIE CHRISTIE

rs

TERENCE STAMP
PETER FINCH
ALAN BATES
33

fi

coffee.

8

University Of Tennessee
Theft of a fall quarter zoology
final examination led to the suspension of 27 students, the dismissal of a
university
employee and probation for a fraternity here.
full-tim-

Sundries

.

Investigation began when an
associate professor of zoology suspected that a copy of the exam
got into student hands before the
test date. Of 1,350 students who
took the exam, 33 were suspected
of having seen the test before
exam time. The exam was reportedly sold to students for $700.
A student government president here has called for a review
of the university's present speaker
policy on the grounds that it is
"not compatible with the university's goals of academic freedom." In response, the vice president for student affairs has begun action to form a student,
faculty and administrative committee to consider changes in the

speaker policy.

Northwestern
statement reaffirming the
necessity of the university to
protect the rights of free speech
among members of the university and its speakers was approved here by Northwestern' s
Committee on Educational PolA

icy.

The statement is intended to
promote more discussion on the
role of the university in military,
industrial and political situations, said one of the faculty
members who approved the statement. Although Northwestern
students are planning an anti-Dorally Feb. 14, the drafters
of the- statement said it was not
promoted by the threat of dem- w

onstrations.

fl

Barber's Plot?
This billboard appeared in Norwalk, Conn., where officials are
scheduled to appear in court to show cause why four students,
suspended because of long hair, should not be reinstated. The
same billboard has appeared in other states, including Georgia,
Tennessee and Alabama. Remember when all you had to do was
pick up litter?

UWM Post Unsubpoenaed

For Special Drug Edition
District Attorney Hugh O'Connell has decided not to subpoena
editors of the UWM Post, the campus newspaper at the University
of Wisconsin, Milwaukee. The paper ran a
special addition
on drug use which included polls and interviews with drug users
among the university's faculty and students.
Mr. O'Connell originally said
also contained interviews with
he was considering such action It
users and historical and factual)
but has since changed his mind.
articles about drugs.
He did ask the school's dean of
student affairs, David Robinson, ed After the supplement appearMilwaukee papers printed
to reveal the names of student
several articles on drug use in
drug users known to him, but high schools.
Robinson refused. The DA was
unable to take Robinson to court
because of a Wisconsin law which
requires college deans and counWoods
selors not to reveal information
is a crime.
given them in confidence by students. The law took effect the
day the Post's dnig supplement
Report any
appeared.
The supplement
included
sign of it.
polls which showed that 20 per21 perHELP PREVENT
cent of the students and
FOREST FIRES
cent of the faculty used drugs
wanCv IN THE SOUTH
and 42 percent of the students
favored legalization of marijuana.
20-pa-

arson

iumi

S

A Sf VA"lN"iT,"l"iS4"-"o- 0J

N

HALE'S

o

91J
Phone

i

w
2&feilleyof
ttieDollslt

PHARMACY
S. LIMESTONE

Lexington,

255-774- 9

Ky.

Today

Acrou from

UK

Medical Center

PANAVISION

ADM. $1.25
CARTOON 7:30
7 Minutet South an Route 27

IliUMltMliilii

yyyl

Educational TV will be discussed at
Student K.E.A. meeting at 7 p.m.
in 3o9 Student Center.
Keys, sophomore men's honorary,
meets in lull Student Center.

Tomorrow

n

No.

Announcement for University (roups
will bo published twice once the day
n
before the event and oneo the
of the event. The deadline la 11
a.m. the day prior to the flraf
after-noo-

OPEN WEEKENDS!

17:37

Mil

OjC$i2

heturns

EASTMAN COLOR
H

11- 1-

9:12

llUiLI

HMaiTiflillVJIRli

1

RELEASED BY ALLIED ARTISTS
No. 3
10:43

student teaching during the summer

session or tali semester should apply
for placement conierences in hoom
126, Tayior Education B.dg.
Students may pick up additional UK
directories in lu2 Student Center.
Col.ege Life will meet 9 p.m. Sunday in the Sigma Chi house.
First round of the UK Quiz Bowl
will be at 1 p.m. in Student Center

Below are the Job interviews scheduled for Friday. Contact the Placement Office, second floor of the Old
Agricu.ture Bidg. lor further infor-

mation.
Automatic Electric Co. Chemistry
IBS); Math, Physics (all
;
Acct. (BS; Elec, Mech., degrees!
Met. E.

Coming Up

Students eligible for a fellowship
lrom Mortar Hoard are asked to cail
Students interested in submitting
manuscripts to the Southern Literary festival tnou.d do so by Feb.
15. Contact Mr. Bali, McVey 224.
Applications may be picked up for
Deiui Deiia Deita schoiarsmp competition irom Mr. Smith, basement of
t razee nail.
Applications are available for all
LKD committees at the East Information Desk, Student Center.
Applications for undergraduate
to the Student
memoir
itnieucs

IBS. MS). Citizenship.
Boeing Co. Math, Physics (all degrees); Civil, E.ec, Mech., Nuclear
E. (BS. MSI. Citizenship.
Emerson Electric Co.
Citizenship.
Schedule I:
Acct.,
Bus. Met.. Ind. Adm., Purchasing,
Saies (BS). Schedule II: Technical-Ci- vil.
Elec, Mech. E. IBS, MSl.
FMC Corp.
Citizenship. Summer
work also. Schedule I: American Viscose Division
Chemistry (B.S.MS);
Chem., Mech. E. (BS). Schedule II:
Inorganic Chemicals Division Chem-istor- y
(BS); Chem., Elec, Mech. E.
(BS, MS) .
Hunt Foods & Industries Agriculture, Economics, Math (BS); Ind.,
Mech., Chem. E. IBS, MS).

....

1iZAr ',SiS!ur
'

I

I

Tnii

uiviuiutu vv

1

Theater.

Heritage Quartet will play at 8:15
p.m. in tne Agricultural Science Auditorium.
"Von Ryan's Express," will be
shown at 6:30 p.m. and 9:15 p.m. in
Student Center Theater. Admission is
50 cents.

f1

ana

Committee shouid be sent to Sandy
SAC, Athietic Department,
Bugie,
Memorial Cousc-uby February 12.
Students who plan to enroll for

ELD OVER one week

U I IM

get a
haircut

Fountain

KENTUCKY
PC l'iui

No. 2

BEAUTIFY AMERICA

. METROCOLOR

MAT.: WED., SAT., SUN., 2 p.m.
EVERY EVENING
8:15 p.m.

COLOR by DELUXE

X

e

-

Drugs
PANAVISION

STUDENTS OF NORWALK

-

-

iiH

10

EARLY BIRD
MATINEE
1:30 to x p.m.
Mon. thru Krl.
All seats 6oc

dniys

"IT COMES
Ol'T FAST, MOD,
FL'KIOL'..
VIOLENT,

S.

--

BARBARA

ST

EilL

LxJF

VV

JJ
eg
iMiaai

WBKY-F-

M

91.3 mc

THURSDAY
5:00 Transatlantic
5:15 Sports
5:30 It Happened

Profile

Today: Bob Cooke,
Rick Kincaid. Mark Withers
6:00 Evening
Concert Copland
"Appalachian Spring"
7:00 The Hope of Mankind
"What
Price Civilization?"
8:00 Viewpoint
9:00 Masterworks Bob Cooke, Poul-en"Concerto in
for
Organ, Strings, and Timpan"

c,

12:00 News

Sign off
FRIDAY

12:00 Sign on Music 200
1:00 Hodgepodge

2:00 Afternoon Concert Bob Cooke;
Bach, "The Art of the Fugue"
Fugues 1 through 9

The Kentucky Kernel
The Kentucky Kernel, University
Station, University of Kentucky,
Kentucky 4050(1. Second class
po.stage paid at Lexington, Kentucky.
Mailed five times weekly during the
school year except holidays and exam
periods, and once during the summer

r,

session.

NX.

A MAD.

SADISTIC
SCIENTIST ON THE LOOSE!

Manufacturers Natl. Bank.
Acct.,
Banking, Finance, Bus. Adm., Bus.
Mgt., Gen. Bus., Statistics (BS); Economics IBS, MSl. Citizenship.
Wm. S. Merrell Co. Botany, Zoology (MS) ; Chemistry (BS.MS); Advertising, Bus. Adm., Gen. Bus., Mkt.,
Merchandising, Sales (BS); MBA. Citizenship.
U.S. Army Corps of Engrs., LouisEconomics (BS); Ag., Elec,
ville
Mech., Met. E. (BS). Summer work
for Graduate Students. Citizenship.
U.S. Naval Training Device Center
Math. Physics (MS. Ph.D.); Elec. E.
IBS, MSl. Citizenship.
U.S. Navy Dept. Civil. Elec, Mech.
E. (BS, MSI. Citizenship.

y

CISIMt coaroaATiOM

Published by the Board of Student
Publications, UK Post Office Box 4 a Kb.
lii'tfun as tlie Cadet in lb 14 and
published continuously as the Kernel
since 11)15.
Advertising published herein is intended to help the reader buy. Any
false or misleading advertising should
be reported to The Editors.
SUBSCRIPTION

11ATKS
$9 27

Yearly, by mall
Per copy, from files

$ 10

KERNEL TELEPHONES
Editor, Managing Editor
Editorial Pago Editor,
Associate Editors, SporU
News Desk
Advertising, Business,

Circulation

2321
2320
2447
S3 19

* THE KENTUCKY KERNEL, Thursday, Feb.

8, 1968

-- 5

In Loco Parentis Doctrine Slowly Crumbling

Students: 'Underclass9 In Eyes Of The Law?
-

WASHINGTON (CPS)

ban against a Communist
speaker at the University of Buffalo in 1963, a New York court
said, "we believe that the tradition of our great society has
been to allow our universities
in the name of academic freedom to explore and expose their
students to controversial issues
interferwithout government

An

a

article that first appeared in a
Los Angeles underground newspaper, the Free Press, and has
been reprinted countless times
since, began with the words "Students are niggers."
The writer's point was that
students are a repressed underclass in much the same sense
that black people are. It's a point
that is open to argument from a
great many standpoints, but
hardly from the standpoint of the
treatment of students in the

ence."

With all of these developments
outside of the courts, one crucial
decision by the Supreme Court
has aided students in their search
for legal redress. In 1961 the
Court ruled that almost any case
involving constitutional issues
can be taken at once to a federal
district court, which means that
students who believe their constitutional rights have been violated no longer have to exhaust
the avenues of appeal within
universities and in the lower
courts before getting to the federal court level. Since judges

courts.

students have
been able to make the essential
Historically

first step in seeking legal redress
for action taken against them by
that is,
colleges or universities
they've been able to get their
cases heard in the courts. Unfortunately, that's about all
they've been able to accomplish.
Judges in the past usually decided student cases on the basis
of broad concepts such as that
of in loco parentis, or that of
higher education as a "privilege." And, not surprisingly, they
have decided against the students
in almost every instance.
An opinion cited often as an
example of how courts have responded to student suits is the
following, written by the Illinois
Supreme Court in the case of a
student who had been expelled
for not attending chapel at a
state university (it was written,
incidentally, in 1891, 23 years
after the ratification of the Fourteenth Amendment):
By

voluntarily entering the

...

he (a student) necuniversity
essarily surrenders very many of
his individual rights. How his
time shall be occupied; what his
habits shall be; his general deportment; that he shall not visit
certain places; his hour of study
and recreation in all these matters, and many others, he must
yield obedience to those who,
for the time being, are his masters . . .
Although not all courts have
been so forthright about a student's inferior status, until very
recently most of them have accepted the view that educational institutions may dismiss students at will, without employing
any of the procedures commonly

associated with "due process"

fair hearings, citing of specific
charges, revealing the testimony
of witnesses, etc.
Students did not lose every
case, however. In an article entitled "Private Government on
the Campus," which appeared in
the June, 1963 issue of the Yale
Law Journal, Martin Levine notes
that in the past courts sometimes ruled that expelled students
be readmitted. Typically these
cases involved graduate students
who most clearly stood to suffer from being unable to finish
their course of study and typically the courts argued that students and institutions stood in a
contract
relationship to one
another. The basis of the ruling
in such cases would be that the
institution had failed to keep
its part of the contract.
There is a basic contradiction in the contract interpretarelation of student-institutioas Mr. Levine points out.
tions,
It implies that one party to the
contract has general authority
for deciding whether or not the
student -- is fulother party-t- he
of the contract.
filling his part
But it was probably more helpful
from the student's point of view,
than the in loco parentis interpren

tation.

But in any case, until very
recently students couldn't expect
much help from the courts. Today, though, the legal revolution
that is taking place in the field
of civil liberties is beginning to

some effect on students'-right- s
cases. This change, however, is not simply a reflection
of shifting opinions among judges
as is often the case when the
courts begin to develop a new
stance in regard to a major body
of law, social realities and shifts
in public opinion are helping
them along.
There are a great many
changes in higher education that
have had some influence on court
rulings in student cases.
Of these, perhaps the most
important is the tremendous
growth in the number of students. Gradually, the idea that a
college education is a privilege
is giving way to the idea that it
is a right (though the courts are
still far from giving legal recognition to this view).
Another important change has
been the tremendous growth in
the number and siie of
have

ernment, must operate like a federal agency in disciplining them.
The case has already been to the
circuit court level, but the court
side-steppe-

the

d

public-privat-

e

issue, and returned the case to
a district court for judgment.
Whatever the decision of that
court, however, the case will
undoubtedly be appealed up the
line, and may very well reach
the Supreme Court in time.
There have been other changes
in higher education that have
contributed to the creation of a
new legal status for students.
The growth of graduate education has made in loco parentis
an increasingly absurd concept.
The participation of students in
the civil rights movement, and
later in student power efforts
like the Free Speech Movement
at Berkeley, have led to a greater
awareness among students of
their legal rights.
institutions. Today
Along with these developmore than two-thiro( all col- ments, there has come the belege students are in public insti- lated recognition by groups like
tutions, and the percentage is the American Association of Unigrowing all the time. This means versity Professors (AAUP) that
that more and more students academic freedom applies to stucan make use of the Fourteenth dents as well as teachers. The
Amendment's clause that says courts are beginning to realize
g
no state can deny a citizen due the same thing. In
of law.
process
Furthermore, as private institutions depend increasingly on
public funds, the time may come
when they will no longer be able
to argue that they should be
exempt from public regulation.
Civil rights laws saying that private institutions receiving public
funds must be run according to
Clays Mill Pike
certain federal standards are alPhone 277-624- 8
ready reducing the legal defenses
state-supporte- d

construction" to make their rulings. This is not because judges
are necessarily timid, but because the accept ed way of building up new legal principles is

to construct a body of precedent before incorporating the
principles into accepted legal
doctrine.
In a few cases involving due
process issues, however, courts
have gone beyond narrow construction. In a I960 decision i
six students who hi
been expelled from Alabama State
College for participating in
a federal court of appeals
not only ruled that the student
had been denied due process
by the school, but also set down
what processes a state school
had to follow before expelling
a student.

It said a college must give
a student notice of what specific
charge is being made against
him, and show how this charge,
in federal courts are almost alif pro ven, could lead to expul sion
under the school's regulations.
ways more sensitive about violations of individual rights than
The court also said state collower court judges, this decision
has been of great help to stu- leges had to hold hearings in any
dents who have gone to court expulsion case, givingthe student
an ample opportunity to present
since 1961.
his own defense and a clear
In spite of the overall im- report on the source and content
provement in the basic legal of testimony against him.
Cases based solely on the
standing of students, the courts
have hardly been tripping over procedural issue, however, have
each other in a scramble to ex- one major drawback. Courts will
tend the rights of students. In often simply rule that the school
fact, the legal situation right must use certain procedures in its
now is at a highly ambiguous action against a student. The
juncture, with several cases that school can then