inside
Criminal Code Revision: Or the Nebraska
Legislature soon may eliminate the
25-cent fine for swearing. See
Third Dimension . p. 7
Norwegian Wood: A look at pretty
ladies . . . p. 11
Teacher evaluations: The A, B, C,
DandFofit p.2
daily feii
Wednesday, february 25, 1976 vol. 99 no. 86 lincoln, nebraska
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By Iiz Crumley
In a five to one vote, the AS UN Student Court ruled
Monday that the ASUN Senate's attempt to rescind the
appointments of its Council on Student Life (CSL) ap
pointees was invalid.
The Senate had passed a resolution (No. 42) at its '
Nov. 19 meeting to rescind its student appointments until
successful reorganization of CSL could be completed.
On Dec. 6, CSL members Chip Lowe and Dennis
Snyder filed action with the court stating that the Senate
was without power to rescind their appointments.
Lowe is a senior political science major from South
Sioux City and Snyder is a senior English major from
Lincoln.
- Ruling stipulates "cause"
' In its 16-page opinion, the court ruled that the ASUN
Senate can remove its appointees, who hold office for
definite terms, "only upon cause after notice and hearing."
Resolution No. 42 failed in all three respects, the opin
- ion stated.
Chief Justice Doug Voegler, a senior law student from
Schuyler, wrote the court's opinion. .
Lowe testified he had learned about Resolution No. 42
from the Daily Nebraskan, the court said.
However, "ASUN cannot rely upon the Daily
Nebraskan or upon rumors to satisfy its affirmative duty
of notice" to appointees who are about to be removed,
the court said. ,
It added that no attempt was made to give all CSL ap
pointees who were to be removed by the resolution notice
of the rescission and a "meaningful" hearing.
However, more important than what it said about
notice and hearing, the court said, was its contention that
Resolution No. 42 did not remove the plaintiffs and other
CSL appointees for valid or legal cause.
"All appointees were removed because it wai specu
lated and conjectured that some of the appointees would
not adequately represent ASUN at the upcoming CSL
meeting concerning CSL restructuring," the opinion
stated.
"Regardless of how valid the reasons for this specu
lation, it could not form a valid grounds for removal.
No set term. . .removal at will
In summary, the opinion said, when an ASUN Senate
appointee holds an office for which there is no set term,
he may be removed by the Senate at will. No notice or
hearing needs to be given and cause doe 3 not need to be
established, it said.
. However, when a definite term of office is set for an
appointee, as is' the case with CSL, cause, notice and an
adequate hearing must be given, it said.
The court stated, however, that it could not lay down
any definite rules for notice, which, if followed, would
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In a Ave to one vote Monday, ASUN Student Court members George Rhodes, John VBistadt, Doug Voegler, Don
Wesely and Jim Curtiss ruled that the ASUN Senate's, attempt to rescind its CSL appointments was invalid.
always result in adequate notice being given.
The opinion also said whether a cause was valid and
whether a meaningful hearing was given would depend
on the particular case and judicial review.
It added that the court was of the opinion that "fail
ure to follow the clearly stated and specifically enunciated
policies of ASUN" would constitute a valid cause for re
moval of an ASUN Senate appointee, who holds his of
fice for a definite term. ,
In a short preliminary dissenting statement, Justice
George Rhodes, a junior law student from Bridgeport,
said he dissented with the majority opinion because of
what he called the legal distinction between suspension
from office and removal from office with no notice and
hearing necessary.
The Senate said Resolution No. 42 rescinded the CSL
appointees and did not recall them.
According to Rhodes, suspension that requires no
notice and hearing is valid when the suspension is up to
six months Since it was testified that the rescission of the
CSL appointees would last only five months, Rhodes said,
no notice or hearing needed to be given.
He also said he holds that the Senate has the power to
remove at will, as well as for cause.
The official dissenting opinion will be released soon, he
said.
have been an overkill."
Several alternative uses for the bank's space have been
suggested, he said. One idea is to put the ASUN Senate
offices there.
"More students might participate in government if
these offices were more accessible," he said. Senate offices
now are on the Union's third floor.
The most practical idea, he said, is to use the space as
headquarters for the Campus Assistance Center, which has
been unable to find a home.
The proposal for the student information, advising and
assistance center w?s tabled indefinitely by the NU Board
of Regents In December after meeting opposition to its
placement in the Union. "
Winkler said other banks are not interested in the space
because parking is scarce and the rent is "twice as high as
they claim they would have to pay for other space."
Only a tew Lincoln banks report numerous new stu
dent accounts since Gateway's policy change. All of them
said they have no intentions of dropping free checking.
Jay Dunlop, Lincoln's Union Bank and Trust Co., pre
sident , took a stand in Gateway's behalf.
"The students are lucky to have Gateway, he said.
"I'd double the service charge if I were them."
When contacted after the majority opinion was re
leased, Paul Morrison, ASUN second vice-president and
CSL member, said the ASUN executives had voted not to
pursue the matter.
However, he added,' that vote was taken before the
executives had received the preliminary dissenting
opinion, and said he was uncertain what the executives
would do now.
Vote could recommend bank 'check out' of Union
By Bryant Brooks
Gateway Bank's Nebraska Union branch office may
have to start looking for a new home after May's ASUN
general electiori.
The Union Board resolved Feb. 4 to submit the
question of who should use the space currently occupied
by the bank to students during AS UN's election. ASUN
Sen.7im Winkler at that meeting presented the board with
a 1,000 signature petition asking the Nebraska Union to
terminate Gateway's lease.
The question on the ballot is only to determine student
opinion, according to Alien Bennett, Union director. He
said Union Board will make a recommendation to him
based on the election results. The election itself Is not
A combination of re
laxation, meditation
and guided fantasy was
practiced by these peo
ple Tuesday night h
the Nebraska Union.
They were participating
in "Body Awareness
through Fantasy," one
of the programs in the
Second Annual Body
Awareness Week, which
continues through Sat
urday. Today's pro
grams include dis
cussion on fasting at
noon, a discussion on
the ancient Chinese
movement of Tal Chi at
3 psa. and a prcgrsm
on massage at 7 pj?i.
Body Awareness Week
is sponsored by the Sto
dent Y.
v ...
binding.
Bennett then must make a recommendation to vice
chancellor for student affairs who makes a recommenda
tion to the chancellor before any action can be taken for
final consideration by the NU Board of Regents, Bennett
He disagreed with ASUN Senate's efforts to evict the
bank from the Union because of its new "activity" charge.
"1 think it is ill-advised," Bennett said. "I don't think
ASUN took the time to investigate what the needs of the
campus are."
No other bank willing
The student body may suffer if the move to throw out
Gateway is successful, according to UNL Comptroller
Robert Lovltt.
Lovitt said no other bank is willing to replace Gateway
and the Union cannot afford to operate a checkashing
service. He added that there would have to be an increase
in prices for Union services or a decrease in services to
make up loss of $15,000 annual rent.
The bank had about 2,000 student checking accounts
immediately before the activity charge began. An addi
tional 2 XX) students use the bank to cash checks, Lovitt
said. '
Dennis Applebee, Gateway vice -president of opera
tions, said fewer customers than expected have dropped
their checking accounts. However, he would not give the
exact number of account closures for "competitive
reasons."
"We have found our customers very understanding," he
said. "The majority of accounts are receiving little charges
or none."
The petition drive reflects another story, however,
according to Winkler. He said it took him two and i halt
days to collect the 1 ,000 petition signatures.
"That's significant because I think I could have gotten
a lot more if I had gone longer," he said. "But that would