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By Liz Crumley
Debate over the legality of the AS UN Senate rescind
ing its student appointments to the Council on Student
Life (CSL) will be heard before the ASUN Student Court
at 2 pan. Sunday.
The Senate and CSL student representatives and other
students may present their cases at the open hearing.
However, the Senate probably will ask for a one-week
extension of the meeting to allow their legal representa
tives time to prepare, said ASUN Senate President Jim
Say. And, the senior political science major from Norfolk
said, he thinks the request will be granted.
A petition was filed to the student court on Dec. 6,'
1975 by CSL members Dennis Snyder, a senior English
major from Lincoln and Chip Lowe, a senior political
science major from Sioux City, charging that the Senate
had rescinded its CSL appointees without proper
authority.
On Dec. 12, their petition was answered by Say and
ASUN Second Vice-President Paul Morrison, a first- year
political science graduate student from St. Paul.
The court made a preliminary decision on Jani 12. r
l.'ie plaintiffs asked for dismissal of Lowe's petition.
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Photo by Stave Bocrcwr
This youngster was one of about 30 Right
to Life protesters, an anti-abortion organi
zation, that gathered outside the west door
muster support for changing existing abor
tion laws. Indoors, the Nebraska Legisla
ture was debating the issue. See related
storks on page nine.
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They said it failed to name a suitable defendant, failed to
state a cause of action, presented no case or controversy
and said that the rescinded members had failed to file a
proper action.
The court said there was no merit in these objections.
In its decision, court members stated there was no
reasonable doubt as to who was being "sued." It added
that because Say is the elected Senate president and Mor
rison is the second vice-president, they were the proper
parties to accept the petition.
"It cannot seriously be contended that each mem
ber of ASUN must be given notice," the decision stated.
The court also declared that the petition clearly states
a cause of action when it alleges that "ASUN has done
something which it was without power to do, and that the
plaintiffs and the university have thereby suffered
damage."
The court, in defining class action (the type Snyder
and Lowe filed) as a suit one or more persons brings on
behalf of themselves and other persons similarly situated,
said the intent of the plaintiffs was to bring class action
and include all rescinded CSL members.
The court ruied that any student CSL member who
1 o
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thinks that the suit does not represent them ("their
motives in the litigation will be different or they have
an interest adverse to the members of the class"), may
"opt out" and the final decision in the case would not be
binding on that person. y - -
The decision further said that Lowe and Snyder should
contact al "members of the class" and inform them that
if they wish to opt out, they should do so in written letter
to the court by Saturday.
Snyder said as of Thursday morning, no CSL member
had said they wanted to opt out.
The court also ordered that until a final decision has
been rendered, the originally appointed members would
serve on CSL. It added that all actions taken by CSL,
"for which their consent is necessary, shall be valid, re
gardless of our ultimate disposition in this case."
Justices George Rhodes, a senior law student from
Bridgeport, John Vihstadt, a senior law student from
Littletown, Colo., Don Wesely, a senior from Lincoln and
Jim Curtiss, a senior political science and English major
from Lincoln, concurred with the preliminary decision
and order, the decision said.
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friday, january 23, 1976 vol. 99 no. 68 lincoln, nebraska gj
Driving program hitting bumps
By Nancy Clark
UNL's week-old defensive driving program, organized
by Campus Police, is ironing out enrollment figures, pro
gram cost and grading procedures, according to Campus
Police Chief Gale Gade and Education and Training Of
ficer Robert Myers.
A September order from Gov. J. James Exon requires
state-employes-who use state vehicles or drive their own
cars on state business to complete a defensive driving
program by June 30.
The cost of the program, originally estimated by Cam
pus Police at $10 per participant, was not included in the
university's 1975-76 budget. As a result, each UNL de
partment would have had to pay for training its em
ployes for the rest of this fiscal year.
However, Gade said, the $10 figure is being reviewed
by campus police, UNL Business Manager Ron Wright and
NU systems personnel. The exact figure each UNL de
partment must pay will be known within three weeks, he
said.
Number required unknown
The number of university employes required to com
plete the program also is unknown, Myers said.
Employes affected by the order must complete the
program to drive state vehicles he said, or to receive
reimbursement for mileage travelled on university
business. They will be re tested every five years.
Myers said they first estimated about 5,000 UNL
employes needed to take the course, but that so far, only
1 ,681 employes have been named to take it.
"Either there aren't as many as was anticipated, or the
departments have been slow about turning, (name) lists
in," he said.
Developed by the Nebraska Safety Council, the pro
gram includes eight 50-minute sessions to be given during
An objective test, given upon completion of the course,
may not be graded but "used only as a learning device,"
Myers said.
The defensive driving program is only part of Exon's
total package for decreasing state employes' traffic
accidents.
A five-member accident review board, including of
ficials from the governor's office, the State Patrol, the
State Claims Board, the Motor Vehicles Dept. and the
Department of Roads was formed in November.
Under the new policy, all motor vehicle accidents by
state employes on state business must be reported to the
board within 15 days.
The board will review each case to determine the cause
. and 'any possible corrective action. The board i3 required
to make semiannual accident reports to Exon, because no
complete accident record files previously were kept.
Employes low In
traffic accidents
UNL's employe traffic accident record is "remarkably
low," Richard Bennett, director of special business
services, said.
According to UNL records, there were 80 employe ac
cidents in 1975, costing $3,228. This compares to 1974
figures of 56 accidents at a cost of $6,296.
The figures show the repair costs for UNL vehicles
and do not include liability payments made by the uni
versity, Bennett said, and added that UNL only is covered
by the state's collision insurance.
While no records are kept on employe responsibility
for accidents, Bennett said, insurance claims indicate the
other driver often was shown to be at fault. UNL collect
ed $4,200 from other parties in 1975 insurance claims,
he said.
"There figures are remarkable when you consider that
about 3.5 million miles are traveled by employes in the
Coursa of 8 yr," Bennett said.
Bennett partially credited the accident figures to the
university's employe accident policy. A department must
pay the first $200 of any costs incurred by the university
when one of its employes Is determined responsible for
the accident.
This policy tends to make each department take an
"active interest" in promoting safe driving habits, he said.
East Union construction might raise student fees
By Bryant Brooks
Construction costs for the East Campus Union could
force a minimum increase in student fees of $1.50 per sti-
dent, a maximum increase of $12 and a probable increase
of. $4 to $5, according to Miles Tommeraasen, vice
chancellor for business and finance.
He said decisions by the Fees Allocation Board (FAB)
and the Nebraska Legislature will determine the amount
of increase. The fee now is $6 1 .50 a semester.
Students now pay $6.48 to support programs in the
Nebraska Union, Tommeraasen said. Another $2.50 has
been taken oat of each student's fees for the past five
years to collect the $500,000 needed to pay for equip
ment and furnishings for the new East Campus building.
If FAB starts putting that $2.50 from student fees into
Union operation or program expenses instead of using it
to pay back the $3.8 million bond used for construction
of the East Union, only the $1 .50 increase may be neces
sary, according to Tommeraasen.
But if student fees have to help repay the $3.8 million
bond, the increase is probable, he said.
A bigger increase depends on the Legislature's treat
ment of LB690, the higher education appropriations bill.
That bill contains a resolution for utilities in the new
Union to be paid for by state taxes. Taxes pay utilities for
See related
story p. 3
the Nebraska Union now, but budget cuts could result in
tax support being withdrawn for the Nebraska Union and
withheld from the East Union.
Ken Bader, vice-chancellor for student affairs, said such
action could result in as much as a $12 increase in student
fees.
He defended tax support of both Unions.
The Union is not just a student union," he said. "It is
a community center that fosters opportunities to enhance
educational programs of the university."
He added that records from meetings, speakers,
banquets and cultural events show at least 125,000 non
students used the Nebraska Union last year.
"Since it is a community center used in educational
ways, it follows logically that the state of Nebraska should
pay some costs," Bader said.
He said there probably will be no fee increases until the
summer of 1977.
"My commitment is to hold trie line on any increased
fees for next year," Bader said.
Bader said a re-alignment of the current fees allocation
could prevent an increase in fees.
"A full assessment of the present fee use will be made
to determine how much increase over the $61.50, if any,
will be necessary to meet the East Campus Union financial
needs," he said.