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FRIDAY, JANUARY 5, 1990 » ATHENS, GEORGIA • VOLUME 97, ISSUE 41
Judiciary permanently expels Sigma Chi
First expulsion ever;
Fraternity will appeal
By JOEL GROOVER
Staff Writer
The Student Judiciary voted last
month to permanently expel Sigma Chi
fraternity, marking the first time the
court has imposed its harshest possible
sentence on a Greek organization.
Sigma Chi President Craig Beard said
Thursday that the fraternity will "defi
nitely" appeal the verdict.
After a hearing held Nov. 30, the judi
ciary found Sigma Chi guilty of two disor
derly conduct violations and of breaking
the open party policy, which places size
and alcohol restrictions on parties spon
sored by student organizations.
Ben Hood, a senior finance mtyor, rep
resented the fraternity at the hearing.
He said the violations occurred during
a Sept. 23 band party at the Sigma Chi
house where A Flock of Seagulls was sup
posed to play.
The party was shut down by University
police, however, after hundreds of people
packed the house.
Joel Lesser, a junior who set up the
light show at the party, said he and his
friends counted at least 1,000 people. He
said the band never played because the
house was too crowded to correctly hook
up the sound system.
But Lesser said the out-of-control party
wasn’t entirely the fraternity’s fault. He
said police took too long to break it up and
that the crowd was probably too large for
the fraternity to control without help.
Under the open party policy, alcohol
may not be present at any function where
more than three times the number of or-
ganization members are present.
According to the policy, if alcohol is
served, the members of the organization
must check invitations at the door and
turn away people who don’t have one.
Including pledges, Sigma Chi member
Mark Stroud said the fraternity has
about 100 members.
Stroud said the fraternity tried to
maintain security at the party by hiring
two off-duty Athens Police officers to at
tend But he said they “just sat in the car"
as the situation got worse.
The decision was rendered by the Stu
dent Judiciary Organization Court, which
has five justices.
The justices aren’c allowed to comment
on the case, but Beard said they probably
handed down the harsh sentence because
Sigma Chi has gone in front of the judi
ciary before for other violations, including
one this summer.
Beard declined comment on the past vi
olations. Judiciary officials refuse to re
lease detailed information on the case.
Beard said he plans to file an appeal
with the judiciary within five days.
After the appeal is filed, the case goes
to the seven-student Judicial Council. If
the council upholds the decision, another
appeal may be filed with Dwight Douglas,
vice president for Student Affairs, who
will review the court’s decision.
The case may then be appealed to Uni
versity President Charles Knapp, whose
decision is final
The judiciary found Sigma
Chi guilty of two disorderly
conduct violations and of
breaking the open party
policy.
Beard said he feels confident the ap
peal will succeed and that the fratero-ty
will eventually be allowed back on
campus.
But if the appeal fails, Sigma Chi mem
bers would be forced to move out of the
fraternity house —considered a Univer
sity facility —and Sigma Chi would be
prevented from taking part in any event
sponsored by the University.
Signm Chi fraternity was first estab
lished at the University in 1872.
Student dies
n car wreck
over holiday
Memorial
to be held
By ANNE-MARIE FANGUY
Staff Writer
A memorial will be held
Tuesday, Jan. 9 for University
student and pianist Claude Mi
chael Larkin who died in an au
tomobile accident during the
holidays.
The memorial will be held at
First United Methodist Church
in downtown Athens at 8 p.m.
Larkin, 21, played the piano
for services at the United Meth
odist Student Center for more
than two years and was in the
Men’s Concert Choir and the
Men’s Glee Club at the Univer
sity, the Rev. J. William
Mathews said.
A funeral service was held
Dec. 21 in Cairo, Ga. Larkin was
buried in his hometown,
Wigham, Ga., according to
Mathews, who is campus min
ister at the United Methodist
Student Center.
Larkin, a senior music educa
tion major, was driving from
Wigham to Washington, Ga.,
Wednesday, Dec. 14, to attend
choir practice at his church
when his car rear-ended a tra
ctor, Mathews said.
Larkin was taken to Crisp
County Hospital in Cordele,
Ga., then transferred the same
day to Phoebe Putney Memorial
Hospital in Albany, according to
Carolyn Maschke, Putney Me
morial media relations man
ager.
‘He would always do
his part and more.’
— Everett P. Arant,
music professor
Doctors did a brain scan and
found there was major damage
to the brain stem, Mathews
said. Larkin was put on life sup
port systems while doctors did
tests to determine the extent of
his brain damage.
Doctors told the family Dec.
17 that Larkin was brain dead
and the family gave permission
to donate Larkin’s organB.
Maschke said although Larkin
was declared legally dead
Sunday, his body continued to
be maintained on oxygen until
all retrievable organs were re
moved Monday.
“Claude had a delightful per
sonality,” Mathews said. “He’d
go out of his way to help others.
He had trouble saying 'no.’ ”
Everett P. Arant, Jr., music
professor, said Larkin was gen
erous with his time.
“He would always do his part
and more," Arant said. “He will
be sorely missed.”
Choral Choir officer JefT
Tenor worked with Larkin and
valued him as a friend and as a
musician.
“He was my accompanist for
three years and was one of the
most remarkable musicians I’ve
known," he said.
Larkin is survived by his par
ents, Mr. and Mrs. Windell
Larkin; a sister, Alicia Larkin;
and Ids grandmother, Kate
Larkin.
Univ. criticizes story
on ’80 football team
Financial matters
Mandy Baker, a cashier at University Business Services, answers questions posed by Tara Rush, a sopho
more music therapy major, and Beth Wolfe, a sophomore business major.
Fitness center shuts down
By MARLA EDWARDS
Staff Writer
The Athens LivingWell Fitness
Center, a franchise of an ailing na
tional chain, closed its doors Dec. 8
after declaring bankruptcy and
losing a deal to sell the club.
However, a third operator may
re-open the center, according to
Bob Waters, a representative of
LivingWell Inc. in the Houston of
fice.
He had no further details on the
possible sale or whether present
LivingWell memberships will be
honored if the club does reopen.
Some of the many University
student and faculty patrons have
been in the dark regarding the
status of their memberships since
LivingWell closed its doors.
Renee Clough, manager of the
club before it closed, was given one
hour’s notice to gather her belong
ings, clear the club of members and
City
By ELIZABETH DILL
Staff Writer
Athens got a new open container
ordinance for Christmas, but some
fear it could end up as coal in Uni
versity students’ stockings.
Athens Police Chief Mark Wal
lace said the revised ordinance,
which the Athens City Council
unanimously passed on Dec. 26, is
much more prohibitive of alcohol
possession.
“Before, you had to be walking or
congregating to be in violation," he
said. “So, in theory you could be
standing still and you wouldn’t be
in violation.
“Now you are in violation if you
are standing still with an open con
tainer of alcohol,” Wallace said.
The former ordinance also said
that only non-moving vehicles
were in violation while the new or
dinance includes moving vehicles,
Wallace said.
Under the new ordinance, it is il
legal to possess an open container
of alcohol on public streets, side
walks and semi-private parking
lots.
Dean Robinson, student liaison
post a sign with a company tele
phone number on the door for pa
trons to call with questions.
“My paycheck is tied up in bank
ruptcy court. I don’t even know
what they’re going to do about the
members,” she said.
Clough estimated that the club
had several thousand members.
Many signed two-year contracts
with the club.
At least three other employees
at the Athens location are waiting
to receive their paychecks from the
bankruptcy court in Houston.
Michael Florence, customer
service representative at the India
napolis-based headquarters of Liv
ingWell, said the Athens club
closed at the same time as five or
six remaining dubs in the state.
Others across Georgia and in about
13 to 16 oth€r states had already
gone out of business, he said.
Franchises remain open in other
states such as Florida, California,
to the Athens City Council, said
he’s concerned with the enforce
ment of the ordinance.
“I’ve had assurances from Mayor
Chambers that it will not be selec
tively enforced against students
and downtown patrons. I’m going
to try to remind him of that if any
thing comes up," Robinson said.
“I don’t want it to be a tool to ha
rass underage drinkers or stu
dents," he said. “I’m taking a wait-
and-see attitude and hoping it will
be better enforced than the old or
dinance."
The ordinance was written by
Wallace and City Attorney Denny
Galis after its predecessor was sus
pended in June in response to a
lawsuit filed on behalf of Univer
sity student Keith Harrell and
David Levitt, owner of The Down
stairs restaurant.
Harrell and Levitt filed the suit
after Harrell and another student
received citations for violating the
ordinance on the steps of The
Downstairs. Their attorney, Scott
McLarty, challenged the constitu
tionality of the former ordinance.
The former ordinance wasn’t
ruled unconstitutional, but after
New York and New Jersey.
Lynn Graham, a student
member of the club, said Living-
Well should have given better noti
fication to the club’s patrons.
Leah Hempley, another student
member, said she had failed in her
attempts to reach the company’s
customer service department.
Florence said patrons who
cancel their memberships will
eventually receive prorated re
funds.
He said members should send
their fitness center cards to Living-
Well Inc., 2415 East 72nd St., Indi
anapolis, Ind. 46240, to cancel,
enclosing a note stating the refund
owed them.
However, Waters said members
would be among many general
creditors. He said he believed the
total amount eventually awarded
to each member by the bankruptcy
court in Houston wouldn’t be large.
review in the fall, Clarke County
Superior Court Judge James
Barrow said the ordinance wasn’t
“artfully drawn" and implied that
it should be rewritten.
The lawsuit has been settled,
but the terms of the settlement
aren’t being disclosed, McLarty
said. McLarty has said before that
the old ordinance was unconstitu
tional and unfairly aimed toward
students.
Athens Mayor Dwain Chambers
believes the new ordinance is much
better than the former one.
“I think that now there is no
question to the intent of what the
City Council means about an open-
container ordinance, which will
help it be understood and en
forced,” he said.
Chambers said the ordinance
wouldn’t be discriminatory toward
students.
‘The ordinance is not directed at
all toward students. It is a problem
that is aimed at the entire popula
tion — including students, he
said.
Council Member Gwen OToonev
said she didn’t find any fault with
By GENE WILUAMS
Sports Editor
University President Charles
Knapp said he supported the ath
letic department and the course it’s
taking in the face of a stinging
cover story in the Jan. 8 issue of
U.S. News and World Report.
“(Coach Dooley) has my strong
endorsement for his policies and ef
forts on behalf of The University of
Georgia,” Knapp said.
The magazine featured a story
titled ‘The Price of Victory,” which
focused on the lives of 12 members
of the 1 98 0 National
Championship team’s offensive
unit. The article mentioned that
“nine of the 12 never graduated
and none of the black players got
their degrees.” The article also
stated that “Georgia historically
has graduated few of its black ath
letes."
The only University adminis
trator quoted in the story was Ath
letic Director Vince Dooley. Dooley
disagreed with the article and sent
a rebuttal letter to the editor of
U.S. News and World Report.
In the letter, Dooley stated that
he is “deeply disappointed that
U.S. News and World Report has
singled out the University of
Georgia football team from 10
years ago as the sole example of
the failings of intercollegiate ath
letics."
Dooley states that “despite a
special request to do so, the writer
elected not to interview any mem
bers of the defensive team, in
cluding the team captain. Nor did
he interview the co-starter at full
back on offense, a black student-
athlete who earned his degree and
now owns his own business.”
According to Dooley, if the ar
ticle had focused on the defense,
“eight of the 12 starters (including
the punter) did receive their de
grees. I’m afraid this selective
highlighting of the offense portrays
an inaccurate and unfair picture of
the entire team.”
Ironically, Alvin P. Sanoff, the
story’s author, said that Georgia
was spotlighted because of its clean
and solid athletic program.
“We wanted to do the story on
Oklahoma, but they were already
the ordinance.
“I don’t think the ordinance is
aimed toward students at all.” she
said. “It is meant to prevent the
kind of problems our citizens have
been concerned about — public
drinking.
"If you look at the people fined
U.S. News and World Re
port: Selling like hotcakes
Vince Dooley: Disagrees
with story
fraught with controversy and we
didn’t want a scandal-plagued
school," Sanoff said. “Georgia is not
the worst among college football, in
fact it’s among the better. We also
wanted a number one team and we
felt that the time elapsed since the
team left school was perfect.”
Sanoff also stated that the focus
of his story has been misinter
preted.
‘This piece is on 12 guys, not the
University of Georgia. I feel
Please See FOOTBALL. Page 8
by the old law you will see that the
majority were not students but
older people from surrounding
counties," O'Looney said.
“If it is enforced discriminately,
the council will not support the
law," she said. “What we have now
is a law that is easily understood."
rings in 1990 with new open container law
THE NEW OPEN CONTAINER ORDINANCE
SECTION 6-3-10, OPEN CONTAINERS PROHIBITED
A) It shaB be unlawful for any person to hove in his possession eny
alcoholic beverages in any open container while on the public
streets, sidewalks, or rights-ofway, or in any public or semipublic
paiking facility within the Cityof Athens.
B) It shall be unlawful for any person to how in his possession any
alcoholic beverages in any open container while an occupant of
any motor vehicle, whether said vehicle is underway or not, while
said vehicle is on the public streets, sidewalks, or rightsofway,
or in any public or semipublic parking facility within the Cityof Athens
C) The teitns "semipublic parking facility'' shaH include any privately
owned area wherin motor vehicles may be parked by the public in
conjunction with any business, enterprise, commercial establish
ment, office building or multiple-family residential budding
D) The term "open container", as used in this section, means any
bottle, can, glass, cup or other vessel which contains an alco
holic beverage not In its original unbroken sealed container