emerald
Vol 83, No 32
Eugene, Oregon 97403
Monday, October 19,1981
Women profs
pleased with
court action
By ANN PORTAL
Otth* Em«ratd
University women faculty members say they are
pleased by the recent class certification given to a
lawsuit alleging that Oregon colleges and universities
discriminate against faculty women
Instead of having to pursue affirmative action
lawsuits on their own, all faculty women employed in the
state system as instructors or professors since July
1979 are represented by the class action suit
"It's a very positive step for us." says Biology Prof
Jane Gray, one of the four original University plaintiffs in
the case
The case was filed in April 1980 on behalf of 13
women faculty members from five state colleges and
universities However, U S District Court Judge Helen
Frye's decision last week dismissed four of the plain
tiffs. leaving only four schools with representatives in
the case — the University, Oregon State University,
Western Oregon State College and Portland State
University
Gray says the class certification puts faculty
women in a much stronger position for fighting dis
criminative practices
The key question is the extent to which the women
involved in the suit are representive of all faculty
women. Gray says, acknowledging that some may
remove themselves from the class
"I know a lot of the women on the faculty don’t think
it's the correct thing to do," she says
Lois Schreiner, an assistant professor in the
University library and another University plaintiff, says
she is not surprised the suit received class certification
"I expected it to go that way," she says
But the president of the state board of higher
education says the suit is prosecuting the wrong party
— part of the board's defense against class certification
"Obviously we feel that the state board as a state
system does not practice discrimination," says Pres Ed
Harms
The board is only responsible for taking action
against institutions that discriminate, he says, adding
that rules exist for dealing with such cases
Each state college and university is charged with
drawing up its own affirmative action plan, according to
Melinda Grier board compliance officer The board s
plan covers only its own employees, she says
However, Chancellor Roy Lieuallen says that only
the board can make legal payments if damages are
assessed at the outcome of the lawsuit
"Bringing the suit against individual institutions
wouldn't do any good," he says
Portland attorney Don Willner. who represented
the 13 faculty women, says the suit is for both money
damages for past discrimination and injunctive relief to
prevent future discrimination
The suit alleges that state schools discriminate
against women faculty in pay, promotion, tenure,
professional duties, sabbatical leave, grant-application
support, administrative and adjunct appointments,
salary support and grievance mechanisms
Willner says he may or may not be able to prove
discrimination, but says, "Obviously, this preliminary
ruling does not hurt me any."
Vet James Casby, the assistant attorney general
representing the board, says Frye's complex decision
limits the kind of damages that could be collected if the
suit is successful, and may even require women to file
individually to receive those damages
The decision identifies eight sub-classes — the
eight state colleges and universities — within the class,
Casby says, adding that unless the four schools cur
rently without representatives come up with them in the
60 days specified in the decision, the suit may apply to
only four schools
Photo by David Corey
Blocked!
With Arizona leading 15-14, Oregon kicker Doug Jollymour attempted a 43-yard field goal with less
than six minutes left in Saturday's homecoming game against the Wildcats, but defensive back Al
Gross blocked the kick and put the Ducks' hope for victory on ice. Arizona won the contest 18-14.
See story Page 8
Youth brigade members
found guilty of arson
By MARIAN GREEN
Of Hm Emerald
When two Revolutionary Communist Youth
Brigade members burned a gasoline-soaked cloth last
February during a speech by a former Iranian hostage,
they commited first-degree arson, a jury decided in
Lane County Circuit Court Friday
Afer deliberating 2Vt hours, the eight-woman,
four-man jury found RCYB members John Kaiser and
Nancy Whitley guilty of first-degree arson, a Class A
felony that carries a possible 20-year sentence and/or a
$2,500 fine
Presiding Judge George Woodrich ordered an
investigation to precede the defendants' sentencing
Prosecuting attorney Frank Papagni. a county
deputy district attorney, indicated the defendants
probably will not receive the maximum sentence
During the jury's deliberation, Kaiser and Whitley
took their usual stations outside the courthouse, carry
ing red flags and distributing copies of the Revolu
tionary Communist Worker newspaper to passersby, as
they had at almost every recess and lunch break of the
trial's two-week duration
During Friday's closing arguments, Papagni said
the burning created a danger of panic" and possi
bility of serious injury to audience members, including
University student Brian Lewis, 19, who attempted to
extinguish the blaze with his coat. Showing the jury a
frame-by-frame videotape of Lewis' attempt, Papagni
said Lewis came close to searing his lungs from the
gasoline fumes
Between 1,000 and 1,200 people attended the
speech on Feb 9 by former Iranian hostage Victor
Tomseth in the EMU Ballroom , where Kaiser and
Whitley said they burned the ribbon to make a "sym
bolic political statement "
Whitley s attorney Michael Phillips and Kaiser's
attorney Ralph Bradley both refuted Papagni’s charges,
arguing that possiblities of injury and panic were
remote
The defense attorneys also maintained that the
burned “ribbon,” which Papagni sometimes called a
“rag,” was not something of value, a stipulation con
tained in the first-degree arson definition Papagn
countered that argument, saying the ribbon had value
to both Kaiser and Whitley
Wearing red armbands and T-shirts with slogans
such as "Mao Tsetung, The Greatest Revolutionary of
Our Time,” Kaiser and Whitley, both 29, showed little
emotion while the verdict was read
Leaving the courthouse, the defense attorneys said
an appeal was probable but wouldn’t be announced
until after the sentencing
Whitley said the verdict "kind of blew me away, but
it's not like I wasn't prepared for it
"I enjoyed fighting them," she added