Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 510]

EXTRACTED TEXT FROM PAGE:

1980]

UNIVERSITY OF ILLINOIS

499

and the initiation of litigation, to protect the interests of the University and to recover amounts due it by virtue of the above described accident. I concur.

Bankruptcy Litigation

(3) A motion has been filed on behalf of Calvin Heath, a debtor in Wage Earner Plan proceedings under the Bankruptcy Act pending in the U.S. District Court for the Northern District of Illinois (Case No. 79 B 39275) to require the University to provide to the debtor a transcript of his educational credits. Mr. Heath is a former student at the Chicago Circle campus. On March 21, 1973, the Board of Trustees revised its 1915 regulations to make clear that unpaid obligations of students to the University continue to be a disqualification for registration and for receipt of transcripts, notwithstanding the discharge of the indebtedness to the University in bankruptcy proceedings. A discharge in bankruptcy does not constitute payment of a debt and does not cancel or extinguish the bankrupt's obligation, but simply bars any remedy for its enforcement or collection through the courts. The debt remains as a moral obligation. As revised in 1973 the statement now reads: A student who is in debt to the University at the end of any academic term shall not be permitted to register in the University again and shall not be entitled to receive an official statement or transcript of credits until the indebtedness has been paid or suitable arrangements for payment have been made. Recent decisions by U.S. District Courts in the country have been inconsistent concerning the validity of the positions set forth in the above policy statement. The above motion calls into question the validity of the University's policy statement. Accordingly, the university counsel has recommended that he be authorized to take such actions as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in this matter. I concur.

Litigation Initiated by Edward M. Kafka

(4) A complaint has been filed in the Circuit Court of Champaign County, Illinois (Case No. 80-L-12) by Edward M. Kafka who holds an appointment as a research associate in the Department of Health and Safety Education in the College of Applied Life Studies at the Urbana-Champaign campus. The defendants named in the pro se complaint include Secretary Earl W. Porter, the members of the Board of Trustees, Director of Business Affairs Harold G. Poindexter and members of the Office of Business Affairs, Professor William H. Creswell, Jr., and members of the Department of Health and Safety Education, and Professor Rudolf G. Mortimer of the department. The complaint alleges that Mr. Kafka's contract with the University has been violated in that the University has unlawfully withheld portions of his salary, has improperly attempted to terminate his contract, and has otherwise failed to live up to its contractual obligations. The complaint seeks judgment for the portions of the plaintiff's salary which has been withheld, restoration of insurance and other fringe benefits, and punitive damages in the amount of $100,000 plus interest. T h e university counsel has recommended 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 this matter, to defend the action and to provide representation for those members of the University staff who request the same. I concur.

On motion of Mr. Howard, these items were approved by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Lenz, Mrs.