Law in the news; Academic freedom

The National Education already own network presents a law in the news with Professor Joseph R. Julan associate dean of the University of Michigan Law School. The president has issued what must be recognized as a measured statement on campus disorders. A statement which warns that intellectual freedom is in danger in America perhaps as important as any other part of the warning is the reassertion that the federal government cannot should not must not enforce. The academic freedom essential to the survival of our society and indeed perhaps to our civilization that in the words of the president is fundamentally the task and responsibility of the university community. But at the same time he announced that he has directed the Department of Health Education and Welfare to launch new initiatives toward easing tensions in our educational community. Just what these new initiatives will totally encompass is somewhat unclear. Although a letter of Secretary Robert Finch to the administrators and colleges in the nation does give some indication of what the federal government expects of those presently responsible

for the operation of our higher educational facilities. The AGW secretary calls the attention of college and university officials to certain recently enacted federal laws and asked that these be brought to the attention of the students affected by them the faculty's trustees and where possible even parents. He then requests review of university policy and regulations with regard to student participation in campus affairs in order he says to guarantee that in maintaining order on the campus the right of legitimate and responsible dissent is fully protected. The law to which reference is made a law which Adam Clayton Powell is called unconstitutional provides for a denial of federal financial assistance to certain students found guilty of violation of criminal statutes in connection with campus disorders. The denial of financial assistance does not automatically follow upon conviction rather a conviction by any court of record of any crime committed after October sixteen thousand nine hundred sixty eight. A crime which involved

the use of or systems to the use of others in the use of force. Disruption or the seizure of property under control of any institution of higher education to prevent officials or students in such institutions from engaging in their duties or from pursuing their studies. Triggers and institutional proceeding against the criminally convicted student. The purpose of the proceeding will be to determine whether or not the crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which the crime was committed. An affirmative finding which can only follow an appropriate notice and opportunity for hearing will result in a denial of federal support for two years and the institution to which the student or after transfer is bound by the determination of the institution having conducted the discipline proceeding. Another section of the Federal Student assistent law provides for a light proceeding where a student willfully refuses to obey a lawful regulation of the university and that refusal is found to be of a serious nature and contributed to a substantial

disruption of the administration of the institution. This is apparently to cover those instances in which for one reason or another the student's disruptive activity does not result in arrest and conviction in the criminal court. Significantly the federal law states that nothing in the statute shall be construed to limit the freedom of any student to verbal expression or individual views or opinions and that the universities are not preempted from carrying out independent disciplinary proceedings pursuant to existing authority practice and law. And Secretary French's letter to university administrator States under this legislation the burden of administration falls upon the educational institutions of the point of view of one within the academic community. This is most important even though it must be readily apparent that the colleges and universities of this country may now be faced with a judging task which could be very great. The AGW secretary recognizes this fact of our age when he says the implementation of the enforcement

procedures established by Congress will require a reasonable amount of time and involve areas fraught with tension and emotion. It now appears that we're living at a time when it is no longer enough that the university president be a man of learning. In addition today he must be a pretty good lawyer. PROFESSOR JOSEPH R. Julan associate dean of the University of Michigan Law School has presented a law in the news recorded by the University of Michigan Broadcasting Service. This is the national educational radio network.