UNIVERSITY OF NEBS.
LIBRARY
iW Student Tribunal Has Three Problems of Jurisdiction
ARCHIVES
By JIM MOORE
Nebraskan Staff Writer
Since the founding of the
, Student Tribunal on the Uni
versity campus four years
ago, it has encountered many
problems concerning its juris
dictions and functions. v
Three of the biggest prob
lems involve the questions of
final powers, double jeopardy
and equitable punishment.
Should the Student Tribun
al, except in decisions of sus
pension or expulsion from the
University, have final power
in all cases of - student con
duct referred to them by the
Division of Student Affairs?
The present Student Tribun
al charter states, "The Tri
bunal shall recommend a de
cision to the Dean of Student
Affairs." The Dean is not
presently bound to accept the
decision.
Student Vote
In a referendum vote in
the spring of 1960, on whether
the Tribunal should have final
or recommendatory power,
the students voted by nearly
a 5 to 1 majority to give the
tional concern of the faculty,
and the specific authority of
the University administra
tion, as well as student parti
cipation.
"As it now stands, a stu
dent may appeal his case to
the Student Affairs office, the
Faculty Senate, the Chancel
lor, the Board of Regents,
and eventually even to the
courts of the state," Dean
Ross commented. "Surely no
student would voluntarily re
sign these recourses to ap
peal. Even the federal con
stitution grants the privilege
of appeal to its citizens," he
said.
Stanford Attitude
H. Donald Winbigler, dean
of Students at Stanford Uni
versity, explained his Univer
sity's attitude of the power of
a student court to have final
decision in a recent letter:
"All actions of ours (Student
Tribunal) are in a form of
recommendations."
"In the review procedure
for minor penalties, it is gen
erally accepted that it (Tri
bunal) has full authority to
act," the letter continues.
Winbigler also pointed out,
I can recall only two in
stances in the last ten years
Tribunal final power. Since m which recommendations
that time, the proposal has
lain before the Faculty Sen
ate awaiting official action.
According to G. Robert
Ross, dean of Student Af
fairs, "The basic philosophy
of the University is in ques
tion here. The word 'final' is
actually a misnomer; no stu
dent would want the Tribunal
to have final power without
any recourse to appeal,"
Ross explained.
The University's attitude is
that the most efficient and
beneficial decisions on stu
dent conduct can best be se
cured if a well-balanced com
munication exists between the
legal aspects of the situation,
the responsibility of the
Board of Regents, the tradi-
have actually been overruled."
Concluding, the Dean com
mented, "Our students con
sider that the University re
view of the recommendations
is actually a protection rather
than a threat."
Theodore Zillman, dean of
men at the University of Wis
consin also feels that a stu
dent court should not be per
mitted to reach a final de
cision. "I think if you will
examine the charters of most
institutions, it is impossible
for the Regents of a univer
sity to delegate final de
cisions to anyone except its
delegated officers," he ex
plained in a recent letter, j
In the University of Ne-
braska's case, even if the
Administration could delegate
its final powers to our Stu
dent Tribunal, the charter of
the University would not per
mil such action. In addiUou
it appears doubtful that any
student would want a final
decision to be made by any
court- ana not have the
power of appeal to a higher
autnonty.
A second problem that per
plexes the workings of the
University's Student Tribunal
is the often-asked question
"When a student is tried be
fore a municipal court, and
is also tried before a Univer
sity authority, doesn't this
involve a double leopardv'
situation? "
According to the Dean of
Students at Indiana Univer
sity, Robert H. Shaffter, "On
the premise that the student
is both a member of the
campus community and the
larger community where the
University is located, I feel
the accusation of double jeop
ardy in cases handled by the
police and the university is
unfounded."
"Just as a man maybe
sentenced by the state court
for breaking a state law and
again in the federal court for
the same violation if a fed
eral law is involved, we feel
that the regulations of the
campus as well as the laws
of the community may be
acted upon separately with
out a double jeopardy situa
tion developing," Shaffer ex
plained.
'Double Jeopardy' Valid
Dean Ross, however, feels'
that a "double jeopardy"
charge might be valid. "I
think the basic question here
is a contrast between the
minimum legal standards of
the community and the
somewhat higher, traditional
standards of the University,"
Ross said.
Ross further explained,
"The University attempts to
demonstrate by its actions
Council Takes Action
Mall Traffic Will Be
er Nov. 27
1-Wav Aft
By SUE HOVIK
Nebraskan Staff Writer
Traffic will be one-way around the
mall between Love library and Burnett
Hall after Nov. 27.
Traffic will go west on 'T" street
between 12th and 14th streets, south on
12th street between "T" and "S" streets,
and east on "S" street between 12th and
14th streets, explained Dale Redman,
chairman of the Student Council parking
committee.
New traffic lights will be put on on
the corner of 14th and "S" streets in
front of the Student Union and on the
corner of 14th and 'S" streets beside the
mall. Redman said that these would prob
ably be three phase lights.
He also said that 12th street between
"R" and ""S" streets will remain closed
except for a fire lane.
Bus Service
Redman also mentioned in his report
to Student Council that according to fu
ture plans, there will be University bus
service between city and ag campuses
for the school year of 1963-64 with a pos
sible offset in class scheduling on Ag
campus.
Concerning the parking situation,
Redman said that negotiations are cur
rently under way to purchase land on the
periphery of the campus. Other faculty
parking lots have been expanded. Area
2, east of 17th Street is being expanded
to include that property east of the pres
ent lot and west of the railroad right-of-way.
Upon completion of this, Redman
said that Area 2, west of 17th street, will
be available for general student parking.
Redman worked with Carl Donaldson,
University business manager, Capt Eu
gene Masters, chief of Campus Police,
and Robert Holsinger, city traffic engi
neer, on the campus traffic situation.
In answer to the question, "Is the
city of Lincoln attempting or concerned
with finding off-street parking for cars
near campus?" Holsinger said that this
was not the city's problem.
He also said that the safety of stu
dent pedestrians on campus is jeopar
dized only when students violate the
crosswalks and traffic lights.
In business action, the Student Coun
cil unanimously passed a resolution intro
duced by Dave Smith that it "reaffirm
the position of being opposed to the exist
ence of such organizations Le., Theta
Nu Epsilon, Pi Xi, Rho Delta and any
other outlaw organization) being incon
sistant with the recognized principals of
good student conduct as well as those
of our democratic way of life."
The resolution also commended the
Division of Student Affairs for ibeir re
cent action in "removing from the cam
pus individuals contributing to the prep
aration of these cancerous organiza
tions." Tom Kotouc questioned the inclusive
ness of the motion to make sure it would
endorse all future action taken by Stu
dent Affairs in connection with sub rosa
members.
Motion Defeated
In other action, Student Council de
feated a motion introduced by Steve
Christensen to rescind the recently
passed resolution to study the feasibility
of an official migration.
Steve Cass, election committee chair
man, said that 3,012 students voted in
the Homecoming election which is more
than voted in many years, and close to
the highest number voting in any campus
election.
Steve Honey, chairman of the activi
ties committee, said that a meeting for
representatives of activities and honora
ries concerned with journlistic and liter
ary interests will be held Nov. 13. He
said it was a self-evaluation meeting and
intended to set these different areas in
perspective.
The Student Council Roundtable dis
cussion to be held with G. Robert Ross,
dean of the Division of Student Affairs,
will be held Wednesday at 8 p.m.
the necessity of teaching a
student respect for the laws.
In contrast the municipal or
state authorities punish for
the benefit of society, not ior
the benefit of the individual
as the University attempts to
do, he continued.
L. F. Snoxell, student per
sonnel worker at the Uni
versity of Minnesota, stated
in a recent letter, "Univer
sities, likewise, are con
fronted with the necessity of
evaluating the evidence of
student conduct to determine
whether, on the basis of the
university's standards, inde
pendently of other legal
standards, the individual
qualifies for continued mem
bership and if so, under what
conditions."
The third major problem of
student courts is the subject
oi punishment. Attempting to
find an equitable punishment
tor au cases of student con
duct misdemeanors has prov
en auncuit if not impossible
Warning
At Stanford University, dis
ciplinary probation is a se
vere warning which will call
for a more severe penalty in
the event of future infrac
tions. Dean Shaffer of Indiana
University, said: "We have
found it impossible on a cam
pus of our size to provide a
penalty which restricts ac
tivities as a part of the pun
ishment. The enforcement
would be unrealistic."
The University of Nebraska,
however, is currently operat
ing under a system of a re
stricting of extra-curricular
activities as a form of pun
ishment.
Dean Ross, however, feels.
Aciuauy, mere is no one
punishment that is equitable
to all. The University admin
istration does, however, at
tempt to fit the punishment
to the offense as much as
possible." '
Other Ideas
Other universities, among
them Wisconsin, Ohio State,
and Kansas State, enforce
work hours, monetary fines,
or restriction of activities
other than extracurricular organizations.
Dean Ross, however, feels
that work punishments should
not be used for student con
duct offenses. "It is obvious
that monetary fines are not
appropriate on a college cam
pus," he continued.
The University's official po
sition on the subject of pun
ishment is one of coopera
tion between the student of
fender and the administration,
in an attempt to teach the
student the rationality of the
laws.
The Student Tribunal faces
many problems in its effort
to incorporate student opin
ion into the University's ad
ministration procedures. The
idea of a student court is in it
self unique, and an interest
ing development in Univer
sity administration. The areas
of jurisdiction will be more
definite as the Student Tri
bunal idea matures.
The problems it now faces
were to be expected.
Vol. 76, No. 32
The Daily Nebraskan
Thursday, November 8, 1962
IFC
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FOLLOW THE ARROWS Yellow and black signs with
arrows designating fallout shelters were put np Monday
on nine University buildings. The civil defense signs indi
cate where the shelters are located and the capacity of
each. The buildings marked as shelters are: Burnett Hall,
Richards Hall, Morrill Hall, Student Union, Avery Lab,
Nebraska Hall and Love Library, all on city campus.
Nebraska Center on Ag campus and Agricultural Hall
at Curtis Agricultural school will also serve as shelters.
(Photo by Pixie Small wood)
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At. A A. S 4 A
WORDS WILL FLY The University Moot
Court team travels to St. Louis, MoM
Wednesday for its first round of argu
ments. The debaters are, from left: Prol.
Wallace Rudolph, coach; Bill Hemmer,
third year student; Fred Kauffman, third
year student and Clayton Yeutter, a final
year student
Plenty of Variety
Four Final Slots Chosen
For Kosmet Klub Show
The four successful finalists for the annual Kosmet
Klub Fall Show were chosen last night at KK tryouts.
The four fraternities and the skits are: Kappa Sigma,
"The Reel Cleopatra;" Beta Theta Pi, "The Little,
Round, Red Reform;" Phi Kappa Psi, "The Sins of Sel
ma Sunshine;" and Phi Delta Theta, "Rockin' Reels."
With, for example, the Beta's attempting to persuade
college students to switch from beer to yoyo's and the
Phi Psi's demonstrating that "true love" can win out
even over the United States Forest Rangers, the show
appears to be full of variety. "Reel Riots" is the theme
for this year's Kosmet Klub Fall Show.
John Powell will serve as this year's show director
together with the assistance of Sally Hove, professional
director of the show. Doug Gaeth has been selected
as the master of ceremonies.
The ckitmasters of the successful shows are: Dennis
Larson, Kappa Sigma; Jim Trester, Beta Theta Pi; Al
Thompson, Phi Kappa Psi; and Larry Myers, Phi Delta
Theta.
The Fall Show will be held in Pershing Auditorium,
Nov. 17. Tickets are presently being sold by the mem
bers and workers of Kosmet Klub.
GiLbs Gets $10,990 Grant
Dr. Gordon TL Gibbs, chair-j normal sweat glands with cys
man of the department of pe-' &c f b r o s i s sweat glands,
diatrics at the University Col
lege of Medicine, has re
ceived a $10,990 mint from
the Department of Health, Ed
ucation and Welfare.
The grant enables Dr. Gibbs
and bis staff to follow up a
new discovery made at the
Cystic Fibrosis Clinic and Re
search Center in Omaha
the use of radioactive iodine
as an indicator in research.
Research will focus on ob
serving and comparing the
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high radioactive iodine con
tent. Cystic fibrosis is a chronic
children's disease that affects
the glands of externai secre
tion the lungs, digestive
system and sweat glands.
In addition to research, Dr.
Gibbs and his staff are inter
ested in the care and train
ing of the sixty children at
tending the Cystic Fibrosis
Clinic at the University Hos-pitaL
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Former Resolution
Reaffirmed hy Reps
By GARY LACEY
Nebraskan Staff Writer
The Interfraternity Council
(IFC) went on record last
night reaffirming a former
resolution condemning sub
rosa organizations at the Uni
versity. The resolution, which fol
lows, was introduced by
Grant Strong, president of Phi
Gamma Delta, and was sec
onded by Sigma Phi Epsilon
representative Ivan Grupe.
RESOLUTION'
WHEREAS: Sub rosa fra
ternities such as Pi Xi and
Theta Nu Epsilon are out
lawed by the National Inter
fraternity Conference, the
state status governing the
Board of Regents, and most
national fraternities;
AND WHEREAS: the IFC,
the Alumni Interfraternity
Board of Control, and other
campus organizations have
gone on record in recent
years, condemning these or
ganizations; AND WHEREAS: the ad
ministration of the University
has now taken action against
members of the organizations
BE IT RESOLVED I
L Reaffirming the Inter
fraternity Council's stand
against sub rosa organiza
tions.
2. Dedicating ourselves and
our chapters to work for the
elimination of the element
from our campus community,
and,
3. Commending Dr. G. Rob
ert Ross, and the administra
tion of the University for
working for the eradication of
these organizations, offering
them our complete support
Other Business
An amendment to the Jr.
Interfraternity Council was
passed. It proposed mat an
'Must Have
Evaluation9
Klemme
"We're going to have to re
evaluate and support our edu
cational programs in fee with
the knowledge that certain
skills and abilities will be
needed if we are going to find
new industries," emphasized
Randall T. Klemme. "Klemme,
vice-president of the market
ing division of Northern Nat
ural Gas Co., spoke yesterday
at the University Business
Careers Conf erence Program.
Klemme pointed out that we
must look to more than the
employment bases of agricul
ture, agriculture processing
and transportation.
"fm talking about the out
standing possibilities in the
manufacture of greeting
cards, plastic pipe, surgical
instruments and electronic
and telemetry equipment," he
commented.
After Klemme's address,
ten highest ranking sopho
mores in the College of Busi-'
sess Administration were
awarded the William Gold
Prte Keys by William Gold II
of Lincoln.
Honored were Dennis Bee-
son, Charles Burling, Dennis
P. Christianson, Mrs. Alice L. i
Franks, Karen Hanks, Ken
Michaelis, Gary Oye, Robert
Pohlman, Barbara Sieck and
Jerry Walth. !
alternate member be chosen
to take the place of the regu
lar representative in his ab
sence. The IFC also passed a mo
tion permitting Theta Chi to
activate npperclassmen im
mediately so that it can build
up its membership.
The Acacia representative
opposed this with another mo
tion placing a limit on time,
specifying September of 1963
as the date beyond which
Theta Chi could not immedi
ately activate. The amend
ment was defeated.
Junior IFC
Told About
Sub Rosas
John Nolon, Interfraternity
Council fIFC) president, in
formed Junior Interfraternity
Council (Jr. IFC) members
on sub rosa facts at their
meeting last night.
He stated that Nebraska
has more sub rosa members
than any other campus in the
nation. The reason he gave
for fas is that in the past
the sub rosas on this campus
had much political power and
the top people on campus
were members.
According to Nolon many
alums of the sub rosas are
now successful businessmen
in the state. These people do
not quite realize how their
organizations have changed
and, therefore, alumni sup
port still exists.
Nolon emphasized to Jr.
members that students who
are found to be sub rosa
members by the University
will have that fact on their
permanent records. Even if
the sub rosa member joined
the armed services he would
be branded as a poor security
risk,
Nolon gave each Jr. IFC
member a copy of clauses
taken from constitutions of all
constitutions of all fraterni
ties on c a m p u s regarding
their feelings toward sub
rosas. Each house condemns
such organizations.
Nolon also pointed out that
sub rosa organizationa are
banned by the campus IFC
and the Big Eight IFC.
J-School Starts
Annual Award
The Alan Marshall Scholar
ship is being established at
the University School of Jour
nalism. Interest on the principal will
be used to make an annual
award to recognize an out
standing student, in magazine
journalism.
Marshall, a veteran News
week editor, author and teach
er, joined the journalism fac
ulty in September, 1961, to de
velop the magazine journal
ism program.
Contributions may be made
at the School of Journalism
office, 309 Burnett HalL
Checks should be made pay
able to the Alan Marshall
Scholarship Fund.
UNIVERSITY OF NEBRi
US RAW
WOV 8 1962
