9mm Oldest College Newspaper West of the Mississippi Vol. LXXIl Grinuell, Iowa, Friday. March 5. l965 No. I? Faculty Committee Answers SGA ‘WitIi Statement on Due Process By Bob Hadlema and John Wolf The Faculty Committee on Stu- dent Affairs late this week issued a founandoneshalf page state ment of their feelings toward jur- isdictional lines and due process at Grinnell. The statement, an answer to last week's demands for clarifi- cation on these points by son and the student courts, began by stating. “ The Committee on Stu- dent Affairs regrets the tone of the letters submitted to it by members of the SGA.” The FCSA members warned, “The Committee wishes to remind those students that no useful end can be served by calling its good will gratituitously into question. In the long run, a strategy of im- tagonism can only defeat or new flat valueless what ever purpose it seeks.” The FCSA asserted that the stu— dent courts “may be taken to rep- resent the ‘Student interest'," and that those interests are “not iden- tical with the community interest in the sense of ‘the interest of the College as a whole and as an on going institution’." The FCSA concluded that “Stu- dent Courts may not be the proper agency for handling cases in which the community interest most crucially at stake is that of the College as a whole rather than that of the student body only." On matters of jurisdiction, the FCSA expressed its intention of hearing cases where tile commu- nity interest is involved or where a hearing by the student courts might endanger a student’s well- Republicans Hear Javils Via Phone Sen. Jacob K, JaVits (Rep. N.Y.) will speak to Grinnell students via telephone at 9 pm. Monday. His talk, “The Republican Party —A Time of Change,” will origin- ate in Washington, D.C., and will be heard in the South Lounge of the Forum. A question and answer period Will follow the talk. Now serving his second term in the Senate. Javits has never lost an election. He served in the House of Representatives from 1946 to 1954, and was elected to the San- ate in 1956. Senator Javits’ telephone talk is one of a series being sponsored by the Young Republicans Club. Sen. Everett Dirksen of Illinois, who was scheduled to speak via telephone last Tuesday, was forced to cancel his talk due to illness. Dirksen expressed hope that his talk Could be given later in March. being. The FCSA did agree that an SGA official should be con- suited to determine which cases would be heard by which judicial body. The report recommended that cases of possible conduct proba- tion be handled by the courts or by the Deans' Committee. (The Deans’ Committee »— comprising the dean of men, dean of women, and associate dean of the college — was established early this year by the Acting President to assure a unified approach to the problems handled by each dean.) Concerning due process, the re- port Stated, "it is felt the Commit- tee should ossure the accused those protections traditionally as- sociated with fair hearings, rec- ognizing that the student’s rights and liabilities under college regu- lations are not fully analogous to the citizen’s rights and liabilities under public law." The report recommended that the accused student be given writ< ten notification of the charges against him and that he have the right to be present when evidence is presented against him. In par- entheses, the report noted, ” ‘Evl- dence’ here refers to information on the nature of the alleged vio- lation actually introduced before the judicial body and not to such information as may have led to notice or investigation of a viola< ' tion.” Finally, the chn agreed to stu- dent demands that in cases of misconduct, the three deans will not sit in judgement of the case. They noted, however, that this provision could be overturned by a ruling of the faculty. Acting President James H. Stauss reminded students this week that the FCSA report in- cluded only recommendations and was subject to his approval, Stauss also said that these pro- posals will be discussed with SGA officials. Siauss Makes Siaiemeni lo S&B.‘ Cites Pressures for Fair Hearing _, The editor asked me to comment on ”due process" in cases involving alleged misconduct. I think he wants to pm me down on what he calls “administration concerns" re- garding the way in which college government operates in these cases. “Due process” is an honored rubric of law, especially constitutional law, standing for the individual‘s right to “fair ’ governmental proceedings, It is a matter of “fair” procedure on behalf of the individual in his transactions with the gov- ernmental agency or official. It is a concept which has difs ferent concrete meanings in different situations, though its theme is always the rights of the individual. In decisions as to the concrete meaning of due process, a basic problem or issue requiring settlement is typically thist ——~*—'—@what belongs to the individual? Petitions for SGA presi- dent aro due this Sunday at 4:00 pm. Applications for the position of social coordinator and for positions on the social coord- inating committee may be ob- tained from Palmer Hartl. Nollen Lecturer W. J. Ong to Explain Effect of Mass Communication Media Walter J. Ong, 5.1., distin- guished Catholic literary schol- ar of St. Louis University, will Walter J. Orig, SJ. give the annual Nollen lecture at 3:00 p.m. Wednesday in Her- rick Chapel, His topic will be ”The End of the Age of Liter- acy.” Father Ong's lecture will concern the clients of the 0mm munication media on man’s re- lationships to himself and to his fellow men. He has written . extensively on this themef his ~ latest book is The Barbarian ' Within, a collection of essays ‘ published in 1962. His scholarly achievements ' are matched by a great diver sity of interests. He has lec- tured extensively, bod) in this country and in Europe. Last year he gave the Terry Lectures at Yale, Ong has published widely in several languages. The annual Nollen lecture is sponsored by Friars, senior men’s honorary organization. Mike Young, president, said, “We may expect that Father Ong's treatment will be both rigorous and sympathetic, both objective and optimistic, and that his Nollen lecture will provide the stimulus for much reflection," Panel Discussion on Scholarship Fails To Develop Issues Clearly By Bob Hodierne A panel discussion before a floor-lull of Grinnell students in the South Lounge of the Forum last night was a masterpiece of misunderstanding. The panel was composed of a promising lot. Reginald Archam- bault (education) was moderator. Sheldon Zitner (English) was there, Al Jones (history) was there. Mike Young (Friar) was there. And Pete Read (Coil-IF) was there. The only thing that wasn't there was a discussion worthy of such a distinguished gathering. Read started the discussion after a short reading by Archambault. Read argued that the “reason for college is to produce people, not scholars." Read stressed that scholastl~ Cism should have a practical pur- pose and should not be an end in itself. Young countered by saying in a reasonably direct manner that scholary habits “must be pursued for their own sake to be success- ful," Jones, who claims to have trouble talking with Edgar Mul- lins (mathematics), said that per- haps the only “integrating force" in college education today is fuot< ball, And then, strangely, the topic became a faint memory. Instead of a dlscussion on whether or not a student should be a scholar for the sheer satis» faction of being a scholar, the dis- cussmn disintegrated, as Archam- bault pointed out, into more of a discussion of how best to produce a scholar. Read’s rather provocative topic was, to use football jargon, which should please Jones, completely lost in an “end nln.” The topic was lost in spite of a valiant effort by Archambault to keep the panel on the right track. The best suggestion of the eve- ning was proffered by Zitner. He suggested the discussion be dropped at halftime. It wasn't. The next best suggestion of the evening was Ai‘chambault’s. He suggested at the outset that Zit< ner offer a rendition of “Winter Wonderland.” Zitner didn't, Other than those two sugges. tiorls, nothing came out of last night's discussion that Couldn’t have come out of a dull faculty committee meeting on curriculum. what comes within governmental authority? Adjudication: involv. ing due process, or its meaning in different situations, usually come to some kind of pragmatic adjust- ment of individual right and free- dom to governmental authority. Anyone who studies the volumi. nous literature of constitutional law on due process will see repeatedly the fact of this pragmatic adjust. merit, “These standards of justice are not authoritatively formulated anywhere as though they were pro. scriptions in a pharmacopoeia." (332 U. s. 68.) An important area of due pro« cess, in which the individual hill an equipment of rights, is "ade- quate notice" and "fair hearing," 1 emphasize this area, because it is the topic of current campus dis- cussion and because I believe that individual claims to have adequate notice and fair hearing should be respected and protected in col- lege governmental operations. Among other essentials, “the right to a hearing embraces not only the right to present evidence but also a reasonable opportunity to know the claims of the opposing party and to meet them,” (304 U.S. 18.) In constitutional cases involving standards of fair hearing. courts are frequently troubled by maneu< vers and problems attending the ability and effort of one party to prevent or suppress evidence use- ful to the other party. in courts of law, the individual has many liabil- ities (or restrictions of freedom), such as subpoena, oath, and con< tempt liability, as well as certain safeguards, relevant to this prob- lem of prevention or suppression of evidence. These liabilities are not typical of hearings on the college campus. Yet, the same problem of doing justice to each side recurs in the circumstances of some cases on the campus. Accordingly, the problem centerl in the conditions and extent of the accused’s Claim to know the sources of evidence against him. In View of two beliefs, I am not congenial to any absolute pres- cription. My first belief is, that various pressures on the individual may lead to unfair suppression o! evidence in ways that in fact sup. press responsible individual actiol and are detrimental to the col- lege. My second belief is, that w. must avoid a system of secret [to formants. I think it possible to have a “fair” adjustment of these considerations within the scopfl D! a “fair" hearing. James H. Siam March 4. 196' ADDRESS HERE: ‘10“UHD I