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Western Carolinian Volume 38 Number 40

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  • Westei^i EZjm^dLjMianj VOICE OF THE STUDENTS VOL. XXXVIII No. 40 Thursday March 1, 1973 Western Carolina University Cullowhee, North Carolina Carlton's Actions Discussed Spokesmen for the 72 tenured faculty petitioners critical of Chancellor Jack K.Carlton's method of administration are hoping that solution to their grievances can be reached soon. Dr. Clifford Lovin said "everything will be fine" if Carlton carries through with his plan to reconcile differences with faculty members opposing him. However, Lovin said: "The major problem now is the lack of confidence in the chancellor. It's a kind of gulf that is hard to explain and a kind of gulf that is difficult to bridge." In a Feb, 21 letter to William C, Friday, president of the UNC system, Carlton said he would "defer making basic changes" until WCU has "achieved certain understandings." Carlton said Western must "conduct a realistic and careful reassessment of its position within the higher education community." Stating that the current university self-study must be per- formed properly, Carlton warned of the "risk of generating divisiveness and arousing feelings of insecurity." Carlton also outlined how he would establish "effective com" munication with and effective involvement of the members of the University." In addition, Carlton hoped to establish a "mutual understanding between administration and faculty." Dr, Friday responded to Carlton saying his policies appeared "sound." Expressing hope that the Cullowhee difficulties would be resolved, Friday said he could see no reason at present for any "direct intervention." However, Friday reported that he would soon send Dr. A, K. King to WCU for his third visit since the faculty openly- broke with Carlton. If efforts by King to establish peace fail, Friday said he would be prepared to institute a formal investigation of the troubled WCU campus. An estimated 80 tenured faculty petitioners met Monday- afternoon only nrnutes after Carlton had released his letter and Friday's reply in the Faculty-Administration Senate. Closed to the public, the petitioners' meeting was called to "segregate rumors from the truth," and serve as an "information session" for the petitioners, one faculty member said. In addition, a response to Carlton's statement to the Senate, constitution and rules committee chairperson, Dr, Marilyn Jody said that "we are all attempting to work in a spirit of resourcefulness and good will" that will be "advantageous to the University CONTINUED Page 8 , THE FIFTH DIMENSION will be in concert Monday night at 8:00 p.m. in Reid Gym. Advance tickets are S2.00 for students and are available at the second floor information booth in Hinds University Center. Sales today and Friday only from 2 to 5 p.m. 5th Dimension Will Perform Here Monday The 5th Dimension will perform here Monday, March 5 in Reid Gymnasium at 8:00 p.m. Accompanying them on the program will be Merry Clayton. Comprised of five members- Marilyn McCoo, Florence Gordon, LamonteMcLemore, Billy- Davis Jr. and Ron Townson - 1965, and since 1966 they have been one of the biggestand most popular acts in the music business. Beginning with "Go Where You Wanna Go," they have had a continuous parade of hits including such songs as "Up, Up and Away," "Stoned Soul Picnic" and Wedding Bell Blues." This stringofsuccess is being continued at present with their latest release, "Living Together and Growing CONTINUED Page 4 . .. . Dr. Marilyn Jody Elected As Vice Chairman Dr. Marilyn Jody, WCU associate professor of English, has been elected to a one-year term as vice chairman of the Faculty Assembly of the University of North Carolina. She was one of five nominees for the position at a meeting of the Assembly in Chapel Hill last Friday. Dr. Jody was elected on the fourth ballot in the only contested election. She is one of three officers of the assembly, the other being the office of chairman and secretary. The Faculty Assembly, established under the new system of higher education, represents the faculties of the 16 constituent institutions comprising the University. It was organized to gather and exchange information on behalf of the facilities, and is charged with advising, through appropriate channels, the Board of Governors, the NX, General Assembly and other governmental agencies and offices on matters of University-wide im^ port. It also is constituted to advise and communicate with the President of the University with regard Co the interests of the faculties and other matters of University concern, Dr. Jody holds the bachelor of aits degree from the University of Kentucky and the Ph. D. from Indiana University, She is one of three WCU representatives to the Faculty- Assembly, The others are Dr. Clifford R, Lovin and Dr. Sal- vatore D, Nerboso. Dr. Jody was named Woman of the Year by the WCU Student Senate for 1971-72. SGA Pres Dismassal Of Cooper Not Authorized A special session of the Student Supreme Court, called yesterday afternoon, decided that SGA President Dwight Nelson does not have the constitutional authority to dismiss Public Defender Wayne Cooper from his office. The formal injunction against Cooper stated that Nelson had "formally dismissed" Cooper on Februray 27. It also stated that the Public Defender "refused to abide by the President's dismissal." In a statement Cooper presented to the Student Senate on Monday night, he stated his case and reasons for refusing to resign his position. He said he would not be "railroaded from my duties" because of Nelson's "political whims," Cooper listed Nelson's reasons for asking for his resignation as being a part-time student, incompetence anda breakdown in the lines of communication between Cooper and Nelson. Cooper answered each of these accusations. Cooper denied being incompetent, He told a Western Carolinian reporter that he has successfully pled not guilty in twenty four of his cases, pled nolo contendre three times, received the minimum penalty for his clients six times and has only lost six cases outright. In his Monday night statement, Cooper said that he has used his office "for justice, not political prestige, not as a political stepping stone; as did my predecessor," He also said that Nelson was aware of the fact that he was a part- time student when he was appointed as Public Defender, Cooper also pointed out to the Senate that the SGA constitution does not stipulate an academic load requirement for the Public Defender, Attorney General Christine Troutman, acting in Nelson's behalf, procured a formal injunction requiring Cooper to appear before a special session of the Student Supreme Court yesterday afternoon. In her statement to the Court, Troutman saidthather case was "based solely on constitutional questions." She went on to say that the basic question was "whether the President of the SGA has the constitutional authority to remove appointed officials from the office which he previously had appointed." Troutman said the power of the executive office under the SGA Constitution is paralleled in the US Constitution in the area of impeachment privilege. She based her statements on the similarity of the two different constitutions in the area of impeachment privilege, She cited an interpretation made by the US Supreme Court that supported the president's "right of removal," Another question brought forth by Troutman was whether the Public Defender is an "official" or an "officer," She read definitions of the two terms from Webster's Dictionary and concluded that the office of Public Defender is "a subordinate office," therefore determining that he is not an "officer," but an "official." She said that as an official "he is not covered under the Senate's impeachment clause and is subject to re moval by the President." In her concluding statement, Troutman pointed out that "the precedent set by this court will determine for all future Student Governments the relations between the executive to his subordinates and the crucial point of effective administration of Student Government," Cooper handled his own defense and based his competen- WAYNE COOPER cy claim on his record of cases he has accumulated in fulfilling his position as Public Defender for the student court system, The Supreme Court voted unanimously in favor of the Public Defender. In a written statement, Supreme Court Chief Justice Keith Ramsey stated that "the President of the SGA does not have the constitutional authority to dismiss those appointed officials for which he previously had appointed them, if they fall into the cat- egorv of stipened officers (sic)'," Ramsey added that "only the Senate has the constitutional authority to impeach stipened officers." He also stated that the court feels "that the President of the SGA should have the authority to dismiss his own appointments, as he probably is best qualified to make decisions." But he concluded that "at the present time, the SGA Constitution clearly does not allow him this privilege," Following the release of the court's decision, Cooper said that he had no comment to make, except that he was "happy a- bout the decision of the court," Troutman said that her office is "not going to appeal it any- further." She said the Supreme Court decision "will stand" as it was stated and "no more CONTINUED Page 8 ... ,
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