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«f?z/74. -*-••-•? UF THE Uiit, - -OtS tH UReAfcMNCMAMPAIOet UNIVERSITY OF ILLINOIS BOARD OF TRUSTEES Fifty-Seventh Report 1972-74 UNIVERSITY ...»

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The complaint alleges that impending actions by the University and by the Secretary of HEW will deny the fraternity's constitutional rights unless the fraternity allows women to become members. Count I is directed against the Secretary of HEW and seeks to enjoin the Secretary from notifying colleges and universities that the men only membership policy of the fraternity violates the Education Amendments Act of 1972, and from refusing to grant or continue assistance to colleges and universities which have local chapters of Delta Sigma Pi because of its men only membership. Count II is directed against the University and seeks to enjoin the University from terminating its official recognition of Delta Sigma Pi because of its men only membership requirement.

The University Counsel recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in the matter.

I concur.

On motion of Mr. Swain, authority was granted as recommended by the following vote: Aye, Mr. Hahn, Mr. Howard, Mr. Hughes, Mr.

1974] UNIVERSITY OF ILLINOIS Livingston, Mrs. Rader, Mr. Swain; no, none; absent, Dr. Bakalis, Mr.

Forsyth, Mr. Neal, Mr. Steger, Governor Walker.

LITIGATION RELATING TO ILLINOIS PUBLIC ACCOUNTING ACT

(29) Under the Illinois Public Accounting Act, the University is charged with the responsibility of determining the qualifications of persons applying for certificates as Certified Public Accountants. Pursuant to Board of Trustees action, the administrative functions of the University under the Act are performed by a Committee on Accountancy responsible to the President of the University. The Committee receives all applications for CPA examinations, arranges for the necessary examinations, and, upon receipt of reports from the Board of Examiners concerning the examination grades, certifies to the President "the names of the candidates who obtain passing grades and satisfy the other qualifications prescribed by the Act." The certificate designating a person as a Certified Public Accountant (CPA) is issued in the name of the University.

A suit for injunctive and declaratory relief has been filed by Louis Wellenberg in the United States District Court for the Northern District of Illinois (Case No. 74 C 1097) against President Corbally and against the members of the University Committee on Accountancy, J. Nelson Young (Chairman), Kenneth W.

Perry, Edward Smith, Irvin L. Heckmann, and Eldred C. Strobel. The suit challenges the constitutionality of the Illinois Public Accounting Act insofar as it requires accountants to be over the age of twenty-one years in order to be certified as CPA's regardless of their other qualifications. It is asserted that the requirement is violative of the due process and equal protection clauses of the Fourteenth Amendment. It is alleged that in July 1974 the Plaintiff will have completed the necessary requirements to be eligible to take the CPA examination except insofar as he will then have only attained the age of 20. He brings the action individually and on behalf of all persons similarly situated.

The suit seeks a declaratory judgment that the age requirement in the Illinois Public Accounting Act is unconstitutional and that the Defendants be enjoined from denying to plaintiff and to members of the class the opportunity to take the CPA examination and from denying the certification of those who successfully pass the same.

The individual defendants have requested the University to provide representation for them in their defense of the suit on the ground that all actions taken by them in the matter were taken in their respective capacities as an employee of the University or as a member of the University Committee on Accountancy.1 The University Counsel states that in his opinion the Complaint is not well founded and recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University and to provide representation of the individual defendants as requested.

I concur.

On motion of Mr. Swain, authority was given as recommended by the following vote: Aye, Mr. H a h n, Mr. H o w a r d, M r. Hughes, Mr.

Livingston, M r s. Rader, Mr. S w a i n ; no, none; absent, D r. Bakalis, Mr.

Forsyth, Mr. Neal, M r. Steger, Governor W a l k e r.

LITIGATION INITIATED BY CERTAIN EMPLOYEES AT T H E

CHICAGO CIRCLE AND MEDICAL CENTER CAMPUSES

(30) A Petition for Writ of Mandamus has been filed in the Circuit Court of Cook County, Illinois (Case No. 74 L 4266), in which it is alleged that, under an agreement dated October 20, 1967, between the University and the representative of the employees of the University at the Chicago campuses who are policemen, certain hourly rate increases are due the policemen retroactively to May 1973.

The Petition seeks an order from the Court mandamusing the University to pay the amounts alleged to be due, together with interest thereon, and further relief 'Defendant Eldred C. Strobel is a member of the Committee on Accountancy but is not an employee of the University.

574 BOARD OF TRUSTEES [May 15 including damages and reasonable attorney fees. In addition to the University, the Petition names as defendants three University employees, being D. S. Rubenstein, the University Director of Nonacademic Personnel; William G. Mays, Superintendent of Operations of the Physical Plant in Chicago; and James P.





Walsh, Personnel Officer.

The individual defendants have requested the University to provide representation for them in their defense of the suit on the ground that all actions taken by them in the matter were taken in their respective capacities as employees of the University.

The University Counsel states that, in his opinion, the Petition for Mandamus is not well founded and recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University and to provide representation of the individual defendants as requested.

I concur.

On motion of M r. Swain, authority was given as recommended by the following vote: Aye, M r. H a h n, Mr. H o w a r d, M r. Hughes, M r.

Livingston, M r s. Rader, Mr. S w a i n ; no, n o n e ; absent, D r. Bakalis, Mr.

Forsyth, M r. Neal, M r. Steger, Governor W a l k e r.

LITIGATION INSTITUTED BY RONALD WILLIAM STONE

(31) The University, the College of Veterinary Medicine, elected and ex officio members of the Board of Trustees, President John E. Corbally, Chancellor Jack W. Peltason, Dean L. Meyer Jones and Director Jane Loeb have been named as defendants in a suit filed in the Circuit Court of Cook County (Case No. 74 CH

2883) by Ronald William Stone, an unsuccessful applicant for admission to the College of Veterinary Medicine at the Urbana-Champaign campus, on his own behalf and on behalf of all other persons similarly situated.

The Complaint alleges that Mr. Stone was denied admission to the College of Veterinary Medicine because improper preference was given to certain female students and to residents in farm or rural communities, because the method of academic evaluation of candidates for admission was changed without notice, and because the defendants practiced geographic discrimination in the form of "a quota system for candidates to the College from Cook County, Illinois."

Further, it is alleged that the defendants have not followed published statements that preference for admission would be given to residents of Illinois.

The Complaint asks that the defendants be enjoined from admitting any first-year students to the College of Veterinary Medicine until the litigation is determined; that the list of students admitted to the College and on the alternate list for admission for the 1974-75 term be declared null and void; that the defendants be enjoined from altering and/or destroying any records of application for admission to the College from 1971 on; that the Court appoint an impartial committee to review all applications for admission to the College and to select qualified students in accordance with the published procedures; and that the Court assess damages in the sum of $100,000, together with attorney fees and costs.

Some of the individual defendants have requested the University to provide representation for them in their defense of the suit on the ground that all actions taken by them in the matter were taken in their respective capacities as members of the Board of Trustees or as employees of the University. It is anticipated that similar requests will be received from other individual defendants.

The University Counsel recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University and to provide representation of the individual defendants who request him to do so.

I concur.

On motion of Mr. Swain, authority was given as recommended by the following vote: Aye, Mr. Hahn, Mr. Howard, Mr. Hughes, Mr.

Livingston, Mrs. Rader, Mr. Swain; no, none; absent, Dr. Bakalis, Mr.

Forsyth, Mr. Neal, Mr. Steger, Governor Walker.

1974] UNIVERSITY OF ILLINOIS DISCUSSION OF SALARY RAISE FOR T H E PRESIDENT FOR 1974-75 Trustee Swain moved that the President's salary be increased from $52,500 to $55,000. This motion was approved by the following vote:

Aye, Mr. Hahn, Mr. Howard, Mr. Hughes, Mr. Livingston, Mrs.

Rader, Mr. Swain; no, none; absent, Dr. Bakalis, Mr. Forsyth, Mr.

Neal, Mr. Steger, Governor Walker.

On motion of Mr. Swain, the Board adjourned.

–  –  –

The June meeting of The Board of Trustees of the University of Illinois was held in the Faculty Lounge, Illini Union, Urbana, Illinois, on Wednesday, June 19,1974, beginning at 9:35 a.m.

President Earl M. Hughes called the meeting to order and asked the Secretary to call the roll. The following members of the Board were present: Mr. William D. Forsyth, Jr., Mr. Ralph C. Hahn, Mr. George W. Howard III, Mr. Earl M. Hughes, Mr. Park Livingston, Mrs. Jane Hayes Rader, Mr. Russell W. Steger. Dr. Michael J. Bakalis, Mr. Earl Langdon Neal, Mr. Timothy W. Swain, and Governor Daniel Walker were absent. The following nonvoting student trustees were present: Mr.

Michael J. Crowley, Urbana-Champaign campus; Mr. Lloyd Zimmerman, Chicago Circle campus. Mr. Kenneth J. Kosten, Medical Center campus, was absent.

Also present were President John E. Corbally Jr.; Dr. Eldon Johnson, Vice President for Governmental Relations and Public Service; Dr.

Barry Munitz, Vice President for Academic Development and Coordination; Chancellor J. W. Peltason, Urbana-Champaign campus; Chancellor Joseph S. Begando, Medical Center campus; Chancellor Warren B.

Cheston, Chicago Circle campus; Mr. V. L. Kretschmer, University Director for Capital Programs; Mr. George H. Bargh, Executive Assistant to the President; Mr. C. E. Flynn, Assistant to the President and University Director of Public Information; and the officers of the Board, Dr. Ronald W. Brady, Comptroller (also Vice President for Planning and Allocation for the University); Dr. Earl W. Porter, Secretary; and Mr. James J. Costello, University Counsel.

[June 19 578 BOARD OF TRUSTEES

MEETINGS OF BOARD COMMITTEES

President Hughes announced there would be no meetings of Board committees, there having been meetings of the Committee on Student Welfare and Activities and the Committee on Buildings and Grounds on the previous day.

BUSINESS PRESENTED BY T H E PRESIDENT OF T H E UNIVERSITY

PRESIDENT'S REPORTS A N D RECOMMENDATIONS

The Board considered the following reports and recommendations from the President of the University.

President Corbally presented a report on selected topics of current interest, copies of which were distributed at the meeting, and a copy was filed with the Secretary of the Board.

OPEN MEETING LAW

The President called on the University Counsel to report on the result of recent litigation with regard to the "Open Meeting" Law, in particular, a Memorandum of Opinion filed by the judge of the Circuit Court of Champaign County on June 14. Following report of this action, the President submitted the following recommendation for action of the

Trustees:

LITIGATION RELATED T O OPEN MEETING LAW

(1) On February 21, 1973, the Board of Trustees authorized defense of an action filed in the Circuit Court of Champaign County, Illinois, by Richard Pope against the Board of Trustees, Thomas P. Parkinson, Director of the Assembly Hall at the Urbana-Champaign campus, and Karl Edrick Gardner, Chairman of the Assembly Hall Advisory Committee appointed by Chancellor Peltason to advise the Director and the Chancellor.

In a "Memorandum of Opinion" filed by the judge on June 14, 1974, the Court found that meetings of the Assembly Hall Advisory Committee are subject to the Illinois "Open Meeting" Law and directed the issuance of a writ of mandamus against the defendants, requiring them to open the meetings of the Assembly Hall Advisory Committee to the plaintiff and to the public and to give notice of such meetings as required by the Illinois public meetings law.

The University Counsel has recommended that an appeal be taken from the June 14, 1974, decision and that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to perfect such an appeal.

I concur.

On motion of Mr. Livingston, this recommendation was approved and authority was given as recommended by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Hughes, Mr. Livingston, Mrs. Rader, Mr. Steger; no, none; absent, Dr. Bakalis, Mr. Neal, Mr.

Swain, Governor Walker.

UNIVERSITY APPROPRIATION BILL, FISCAL 1 9 7 5 President Corbally reported briefly that the University bill, with a number of amendments (not all presented or endorsed by the University), had passed the Senate and now was to be considered by the House, including the amendments.

1974] UNIVERSITY OF ILLINOIS

ELECTION OF STUDENT TRUSTEES



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