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THE RED AND BLACK
Athens, Ga., Vol. 92, No. 109
An independent student newspaper serving the University of Georgia community
Friday, May 17,1985
News 543-1809 Advertising 543-1791
Paper seeks financial records
Dooley expects ruling next week
(AP) — University Athletic Director Vince Dooley says
the NCAA has completed its investigation into the Bulldogs’
men’s basketball program and he expects a ruling next
week.
The NCAA’s Committee on Infractions ended a two-day
meeting in Washington on Wednesday, said Committee
Chairman Frank Remington. He would not comment on the
committee’s decision.
Under NCAA policy, the committee’s report will be typed
and delivered to the University in a sealed manuscript.
“We won’t receive word until next week. Of that I’m
sure," Dooley said. “There won’t be any telephone calls. It
will be a written ruling, a written decision to University
President Fred Davison and myself ."
The NCAA's investigation centered primarily on the
recruitment of freshman basketball player Cedric Hender
son of Marietta.
The University hired two attorneys in January 1984 to
conduct an in-house investigation of the NCAA's allega
tions. Their findings and the University's response were
delivered to the committee April 28 in Kansas City, Mo.
By BETH PATE
Red and Black Senior Reporter
Superior Court Judge James Barrow
said professional and personal ties to
the University Athletic Association
prevent him from hearing the newest
lawsuit against the University, but he
remains the judge in the case involving
University basketball investigation
documents.
Barrow disqualified himself Wed
nesday from hearing a request by the
Macon Telegraph newspaper to order
the release of financial records of the
University's athletic department.
In an order explaining his decision
not to hear the case, Barrow said his
personal and professional ties to the
University would ' prevent him from
ruling impartially.
Barrow said Thursday his
professional relationship consisted of
negotiations with the athletic
association when he served as city
attorney. His persona) relationship
stems from the association’s con
sideration of his ticket needs, he said.
Barrow said he didn't feel that his
relationship with the athletic
association would influence his decision
on the request by two newspaper
groups for the release of the Univer
sity's in-house investigation
documents
“The athletic association is not in
volved,” he said.
Morris Communications, owners of
the Athens Banner Herald and Daily
News, and Cox Enterprises, owners of
the Atlanta Journal and Constitution,
filed a motion May 8 for the release of
the documents under the Georgia open
records act.
Walter Bush, attorney for the Macon
Telegraph, said, "I have read a tran
script of the hearing and Barrow made
a full disclosure to the parties about his
involvement with the athletic
association. They said they had no
problem with him hearing the case."
David Hudson, attorney for Morris,
said, “The distinction in the two cases
is that the Macon (Telegraph) case is
against the athletic association itself
and ours is against the University of
Georgia and its president
"I think the judge should be com
plimented under the circumstances,"
Hudson said. "I think it is better that
the judges exercise caution in these
matters, whether they feel partiality or
even if they think the public might think
so.
Bob Chambers, publisher for the
Athens Banner Herald and Daily News,
said he had no objections to Barrow’s
hearing the case.
“I had no problem with it," Cham
bers said. “He’s one of the fairest
judges I know.”
Robbie Wilcox, attorney for Cox, said
his client also had no objection to
Barrow’s judging the case.
“I don’t think it’s a problem in our
case." Wilcox said “He may have felt
that he could handle one. but not the
other."
Barrow had said that he would rule
"shortly" on the documents case, but
he hasn’t ruled yet.
He said that he has more than 100
cases pending and that the documents
issue was not the most pressing
Barrow said he was not waiting for
the NCAA's decision on the basketball
investigation before ruling on the case.
Associated Press material was used in
this story
Senior Allen Miller is a three-time All-American
Georgia seniors to play
final time at NCAAs
By GREG Gl'EST
Krd and Rlark Staff Writer
Group to use work of Mozart disciple
By ANDY SMITH
Red and Rlark Aaaociate News Kditor
Knnulat (left) and Jessie chat over discovery of a composition of Mozart's disciple, Franz Xaver
As the final weeks in the college
careers of four Georgia senior tennis
minds of all four
That sentiment is team pride and
success.
Finishing the spring season with a
32-1 record, Georgia has enjoyed team
success mainly because of the spirit of
these four men. said Georgia tennis
coach Dan Magill
"We’ve gotten wonderful play and
leadership from our four seniors,"
Magill said. “There has been won
derful esprit de corps. Team spirit has
something to do with our winning ''
Thus these four men — Allen Miller,
George Bezecny, Deane Frey and
Mikael Pernfors — go into their last
tournament with a special sentiment
and hope for Georgia tennis.
Miller,‘ of Tucker, Ga., has had an
illustrious career during his stay at
Georgia
This past season. Miller won the
Southeastern Conference Indoor No 2
singles, the Southern Collegiate
doubles with Pernfors, and was a
semifinalist with Pernfors in the
NCAA doubles
Currently, Miller is ranked No. 32
by the Head Intercollegiate Tennis
Standings list.
”I’ve had a good-four years,” Miller
said. "Coach Magill makes you feel
like you have some meaning playing
for Georgia and for the team."
Miller said he was prompted to
come to Georgia because of family
tradition and Georgia’s tennis
facilities
"Georgia has been a tradition with
my family,” Miller said. “It’s got a
good facility, the best of any college in
the country, and a goot^facility breeds
good tennis.”
Yet, with an outstanding Career
such as Miller’s, the pressure
becomes burdensome to produce in
your final year what you have never
produced before — in this case, an
NCAA learn championship.
“I try not to think about it,” Miller
said, “it puts a lot of pressure on me.”
Bezecny said.
Bezecny, of Fort Lauderdale, Fla.,
has been the ace in the hole for
Georgia this season
Bezecny had a successful (dll
season, winning the ITCA Region III
singles title and finishing second orily
to teammate Pernfors in the Southern
Intercollegiate and the Rider Rolex.
However, before 1985, Bezecny
wasn't the outstanding flayer he has
been this year This past' year,
Bezecny finished out the season
ranked No. 51 nationally But this
year, he’s ridden a 32-game winning
streak to a No. 9 national ranking.
As a freshman, Bezecny won the
Clemson Classic at No. 6 singles as
well as the Junior Davis Cup Sectional
doubles with Tom Foster.
He was injured in the spring of his
sophomore year and thus missed
much of the action. However, he came
back as a junior in 1984 and won the
SEC Indoor No. 4 singles and was a
finalist in the Princeton Invitational
doubles with teammate Philip
Johnson.
Bezecny came to Georgia having
had little experience playing team
tennis, and he said team play was a
difficult transition to make, especially
with the tough Magill program at
Georgia
"He (Magill) does things a lot
differently," Bezecny said. “It was a
shock for me when I came here. He
does things very differently and he
wouldn’t change" He is tough at times,
but I guess he’s right .” ,
The change was for the better, as
Bezecy is now aiming his godls at
making the Junior Davis Cup team
This goal, Bezecny said, has given
him a little more incentive to product
during the NCAA tournafnent
A composition by a disciple of 18th-
century composer Wolfgang Mozart
will undergo its first modern per
formance May 30, after a recent
discovery of a collection of his original
works at the University.
Also at the performance,
representatives of the Austrian
monastery that owns the rights to the
compositions of Franz Xaver Sussmayr
will receive the works.
The University Orchestra and Chorus
will perform the works discovered in a
closet in the reference library of the
University School of Music last year.
The work to be performed, “Of-
fertorium Anglelus Domini,” is more
than 200 years old. It was one of three
pieces discovered in a group of
manuscripts the University purchased
from the University of Vienna in 1951.
The other two compositions were
performed on campus March 8 at a
meeting of the Southeastern Society for
18th Century Students.
These works just sort of sat on the
shelf for years and years,” said
University Chorus Director Mark
Jessie, who will direct the concert.
University Music Professor Egbert
Ennulat said the compositions were
part of the estate of Guido Adler, a
music patron and friend of Richard
Wagner and Franz Liszt
Adler died in 1941 and several weeks
after his death, his estate, including the
three Sussmayr compositions, was
loaned to the University of Vienna,
Ennulat said.
He said that when the University
purchased Adler's estate in 1951, it
acquired the three manuscripts also.
Ennulat said he later found out the
manuscripts actually belonged to the
Austrian Abbey of Kremsmuenster,
which owns most of Sussmayr’s other
works.
Wendy's Old-Fashioned Hamburgers
has announced plans to open a down
town store by August or early Sep
tember, but more definite plans for it
After the performance, which also
will be a tribute to retiring University
Music Professor Robert John,
University Vice President for
Academic Affairs Virginia Trotter will
return the three works to either Pater
Alfons Mandorfer or the Krem
smuenster Abbey in Austria or Walter
Bunzl, the German Consul of Austria in
the Atlanta Consulate Office, Ennulat
said.
and a long-awaited Burger King remain
clouded in secrecy
Robert Jackson, area manager for
Wendy's, said negotiations are nearly
complete for the purchase of a down
town site and the closing might come
within a week. Jackson refused to give
The piece, which is less than 10
minutes long, originally was part of an
Easter Mass, he said.
"It’s really a very small part of the
service," he said
Jessie described the piece as “like
the music an organist plays while the
parishoners pass the collection plate
around."
Jessie said that although Sussmayr
was “not a particularly well-known
the exact location of the site for fear it
would interfere with negotiations.
Jackson said construction is targeted
for this summer, and the closing of the
sale would take place next month.
Because, the store will be located
amid a city block, it won’t have a drive-
through, Jackson said, but in othei
respects will be like any other Wendy’s.
"They talked about serving beer at
one time, but they decided against it,”
Jackson said
Meanwhile, city officials remain in
the dark about the plans for Burger
King to locate a store below University
Towers.
The Atrium, a company formed by
Wathen Associations, Inc., of Athens,
owns the property. Owner Mary
Wathen consistently has refused
comment on plans to include Burger
King in the complex, even though a sign
on the building’s first floor says the
restaurant will open soon
Roger Raines, the owner of the
Burger King franchise in Athens, was
unavailable for comment Thursday.
He had reported last March that
plans were nearly complete and con
struction might be completed by the
end of spring quarter
“Obviously, that didn’t happen." said
Joe Burnett, director of the Downtown
composer,” the value of the three
manuscripts couldn't be estimated
Ennulat said Sussmayr was best
known for assisting Mozart in com
posing and dictating “Requiem," a
work the composer wrote just before he
died in 1791
The University Orchestra and Chorus
will also perform works including
Mozart's "Ave verum corpus” and a
short cantata by Schubert.
Development Authority. "The latest
scuttlebutt is that it wouldn't make
sense to open up in summer, so they're
going to build for opening in the fall."
Wathen wouldn’t comment on the
plans, but Burnett said there was some
indecision in the Atrium’s
management
"They’re very secretive because they
don’t know, what they’re doing,”
Burnett said
Paul Miller, the development
director for the Athens Chamber of
Commerce, said neither Atrium nor
Burger King has attempted to work
with or gain assistance from the
chamber. In fact. Miller said, they have
not even contacted them
Burnett said the influx of fast food
might damage the restaurant business
in the short run, but fast food would
draw more dollars into downtown and
benefit downtown in the long run.
"The hope is that because they have a
national name, it will help downtown
that way,” Burnett said "Another
thing it will do is extend restaurant
hours into the evening. ’'
Many downtown restaurants offer
unique types of food and atmosphere,
Burnett said, so fast food would have
little effect on their markets.
Please See SENIORS, Pages
University probably will punish Omega Psi Phi
By TAM! DENNIS
Red and Black Senior Reporter
An analysis
If recent history is any indicator, the three
University disciplinary organizations involved with
fraternity violations almost certainly will act against
Omega Psi Phi, which has drawn a two-year
suspension from its national chapter
The Omegas were charged with “physical abuse to
some pledges” in the sanctions handed down by the
national fraternity.
If the University's Department of Judicial
Programs and the Department of Student Activities
receive reports of these activities or have reason to
believe such actions took place, they can investigate
the incident and. if necessary, bring the fraternity to
court, said Student Judicial Programs Director Bill
Bracewell.
The fraternity also could be brought to court on
charges of hazing According to the University
Student Handbook, hazing is defined as “any action
taken, or situation created, intentionally, whether on
or off the University premises, to produce mental or
physical discomfort, embarrassment, harassment,
ridicule or suffering. ’’
The Department of Student Activities and the
Student Judiciary, which is part of the office of
Student Judicial Programs, are responsible for en
forcing this policy.
In April 1983, the Alpha Tau Omega fraternity was
charge) with hazing by the now-defunct In
terfraternity Council Judiciary and the Office of
Judicial Programs
The charges against the fraternity involved the
theft of signs from the Hartsfield International
Airport in Atlanta A disciplinary measure was
handed down and the fraternity was allowed to stay
on campus.
In April 1982, the Chi Phi fraternity was closed and
most of its members evicted following the ad
ministrative hearing conducted by the acting
director of judicial programs.
The actions followed charges of hazing involving
drug and alcohol abuse
An example of an incident in which University
officials took extreme action against a fraternity on
charges not involving hazing involved the suspension
of the Sigma Alpha Epsilon charter in June 1984
following several individual incidents
The Office of Judicial Programs has the power to
recommend to the national office of the fraternity
that the charter of the local chapter be revoked But
in this case, the national fraternity investigated the
incident first.
The court could separate the organization from the
University permanently by revoking its charter or it
could just suspend its charter temporarily
The court also could put various restrictions on the
fraternity’s activities or privileges In addition to, or
as an alternative to the measures, the judiciary could
issue fines, community service work or written oral
reprimands.
on courtside manners, page 7
There is, though, a sad side to en
ding a career in college tennis,
players climax with the NCAA Bezecny said,
tournament beginning Saturday, a. "y ou thing 0 f it as the Iasi few
common sentiment runs through the matches and it's kind of sad,"
Wendy’s plans to open downtown by late August
By JOHN ALDEN
Red and Black Senior Reporter