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Show the DAILY r RDMCLE 7 ( UTAH MONDAY. SEPTEMBER 25. 1978 MM oddogd by JOHN MURRAY Chronicle staff Nursing Dean Madeleine Leininger was found guilty of libel per se in the Third District Court September 13 after a nine-da- y trial. She had been sued by two former University students, Janie Pendleton and Theresa Wood. The suit originated in 1976, after the graduating planning committee asked to use the nursing building for a reception. Leininger permitted use of the building only if faculty members would provide security and clean up afterwards. The committee arranged to use another building. Wood, president of the nursing student organization and Pendleton, merit scholarship winner and member of the baccalaureate curriculum, circulated a petition at the graduation criticizing the dean's list of conditions. The petition was signed by 50 students and 15 faculty members. Upon receiving the petition, Leninger wrote letters to the two students faculty members who signed the petition, and Ramona Adams, associate dean of Student Affairs. "They fail to appreciate the value and importance of academic of any policies and tend to set up their rules for their needs," Leininger wrote. "One can only hope they will get help with their self-center- ed and authority problems and individuals who can gain and maintain respect in the future." In addition, the dean characterized the students as rude; "destructive selfish," hostility become malevolent, disrespectful, decietful, VOLUME 88. NO. 23 THE UNIVERSITY OF UTAH slanderous and dishonest. The students said the letters might damage their careers, and several times asked Leininger for a retraction and an apology. When she refused, the students filed suit. "Basically, the reason we did it was so a dean would ' tever feel free to do this thing to tudents agj.in. A dean of a college ought to be held accountable for what she says, and she wasn't," Wood said. t Wood expressed some bitterness towarcT the University for not helping remove the letters from their academic records. "It's a crying shame the University didn't do anything about it. we went all over that place trying to get somebody to do something about it. At the time I felt I was part of the University. I really expected some protection from them . . . It's pathetic it had to go to public trial," she said. The two students' attorney, David Leta, said they tried everything in their power to solve the problem on campus. "They pleaded with people to do something, to ask for a retraction or an admission that what was said was false. The administration would not compel the dean to do that," Leta said. "There doesn't appear to be a grievance procedure where students can bring problems with the faculty, or the conduct of deans, before a body that has power to make binding decisions," Leu said. The major problem in the case, according to professor of nursing, Bonnie Clayton, is that there is disagreement between the dean and the court as to who won. "The dean apparently believes she won the suit because no money was exchanged. Students need to be aware that the judgment was in favor of the two students," Clayton said. Dean Leininger told the Chronicle that the decision was, indeed, in her favor. "It was a victory. The jury made some very good deliverations," she said. The dean added that she thought Wood and Pendleton did not use all available University resources before taking the issue to court. "Those channels, those ODDortunitie were there. They did not use what was available to them," leininger said. She added that she regretted the incident, and said freshman orientation channels to communicate grievances. Leininger did not discount Assistant Dean Elizabeth Moses' theory that the two students had been "used by a small, dissident group of faculty." "I'm always concerned if something like that happens. We like students to move and explore things themselves," Leininger said. "This" Is a precedent case," Pendleton said. "There is no other case of a dean being found guilty of libeling a student, so it's a great case for student rights." "We're very happy with the verdict. We didn't get awarded that much money, but the decision was what we were after," Wood including the ASUU organization, Leininger is there." she said. Of the 15 faculty members who signed the original petition, seven removed their names. The remaining eight have filed a suit against Leininger pending in District Court. Bonnie Clayton said the second suit against Leininger is still under consideration, and that it regards "the freedom to express an opinion." Ombudsman; Deans Newell, Dixon, McKean and Adams; the American Civil Liberties Union; a Utah nursing association; the faculty relations committee; and the student appeal committee. "If she can think of another channel, I'd like to hear it. she does not believe in academic freedom. Democracy does not exist in the College of Nursing. It's an autocratic system, and it will be as long as Dean Gardner defends budget by JOHN MURRAY Chronicle staff President David Gardner defended University budget increases during the annual faculty breakfast Friday, September 22. "With inflation, an budget buys less and less," he said. "Each budget session is a struggle to maintain the level of performance expected of us." As the Consumer Price Index rose 50 percent in the past six years, faculty salaries increased 47 percent. Staff salaries went up 67 percent, but Gardner said the actual purchasing power of those salaries is less than nearly ten years ago. "That fact cannot be wished away or belittled. Gov. Brown of California tried to appease faculty in his state by saying they were earning 'psychic dollars,!' the benefits of being in an elitist profession. The faculty replied, and I think appropriately, that they would be glad to pay their taxes and their contributions to his next political campaign in 'psychic dollars'." Gardner said the University is a costly institution to operate because it involves the performance of highly educated people using expensive tools. Administrative costs add $150,000 to $300,000 to the budget annually. "There is simply no way of avoiding these costs without simply losing our edge as a viable institution of higher learning," Gardner said. "Any reduction of funds of the kind which we have just been obliged to make at the governor's request in our 1978-7- 9 operating budget is not a mechanical operation, accomplished as easily as addition or subtraction, but surgery on a liv ing organism." Although taxpayer revolts have taken root both in Utah and the nation, Gardner said he was confident the people of Utah would continue to support the University. "When residents of the valley ate roots and weeds to ever-risin- g " said. Pendleton was awarded $1 in damages. The pair had sued for $1.2 million. "Funny how the courts decide one thing and she decides another," said Janie Pendleton. "She was found guilty of libel per se actuated by malice. The money wasn't important. In fact, our attorney in his closing argument said we didn't bring the suit for monetary gain, so the $1 award was nothing surprising to us." Pendleton denied being used by a dissident group of faculty. "I was offended and insulted by that accusation . . .She has felt very threatened by a group of tenured faculty that she can't get rid of." As to not using all available resources, Pendleton said she and Wood approached every feasible campus official and x Ul; l&& J1 J X f Hi 4 David P. Gardner sustain themselves, they recognized the importance of education and supported the University of Deseret as the University was originally named. Now as the state is experiencing the largest economic expansion in its history, why should University programs and services be diminished?" he commented. "The people of Utah have always supported education, and if properly informed as to need, will continue to do so., however politically expedient it may seem to suggest otherwise. Our job is to communicate with them and they with us," Gardner said. To meet the budget, Garnder suggested that the 1,650 faculty members make retrenchment where possible, and educate public and officials to the needs and complexities of University operations. Bookstore undergoes remodeling; textbooks relocated if-by BARBRA POWERS-SYPHU- S Chronicle staff If you think you have the bookstore all figured out, look again. The University Bookstore is undergoing remodeling and the major change is the textbook section on the upper landing. Director Brooks Terry said the reason for the relocation is to consolidate the textbooks in one area. "The art and engineering, and school and office supplies will be moved downstairs. The main reason for this is that they are something people buy all the time," said Terry. "The overall move was geared to improving service to students directed towards what the needs of the customers are," he added. Terry said that he did not anticipate any major changes in policy or procedures regarding the purchase of textbooks this quarter. The bookstore will add a "What's Happening" bulletin board, which will be centrally positioned and will have information such as sports schedules, film times and other events that will take place on campus. He said that there is no real way to avoid the crowds that plague the text book section of the bookstore during the first week of school unless books are purchased before the quarter begins. The crowds are heaviest during the first three days of bookstore not having their texts will inevitably be those who ordered their books late," he added. The bookstore will be remaining open longer hours during the first two weeks of school to help accomodate the larger than usual crowds. Hours will be: Monday 8 a.m. to 8 p.m.; Tuesday 8 a.m. to 8 p.m.; Wednesday 8 a.m. to 5 p.m. (Mini-stor5 p.m. 8 5 a.m. 8 (Mini-storto to p.m.); Thursday p.m. 5 p.m. to 8 Friday 8 a.m. to 5 p.m. XX X ' y !j ' X School & Ottlt SuppUes jl i UX BryBaok II ( Ai Z7 V n w 4f-- PtprbMSoolu Y A Sir r- - ' & ( Cafihl"re ? n' jl fi OrJtli-Car- TV , k iJ ,' Li LJ V Karotandlw Batumi ( ' 0WT1 BaWtdlllat v XXf $ & tU ' 7i ryt J 7 ' Education Physical n Sports W Athletic Supplies yA ll; ' JM- -j "-- Home Study Texts Z777 . Tii A Text Customer Semoe DesK ' q I Balcony TWrtbookArM i y Special Book Outers XL Direct"rs 0fflcef JVi-- J InHnttrlm ftnmilt iWdom il I' Vz-rzJ- L f 'a Jl . i irt . X. , ft , , 1If2 i e: X. t .1 e: classes. Terry also said that this year efforts have been concentrated on getting all of the ordered books on the shelf. According to Terry all of the books that were ordered on time are on the shelf and 80 percent of all late orders are there. "We even picked up late orders ourselves this year from the local publishers," said Terry. "Professors who complain about the -- ' i ' CiotMn ' Hardware Health Beauty AJds Household Products Automotive ( 5Ff MJJ Andlofr miaeMa S 5 Candy W c- -h , ' J. ApFT tv V VLzm Enter ai )S)S |
