Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 74]

EXTRACTED TEXT FROM PAGE:

1974]

UNIVERSITY OF ILLINOIS

63

contributions of the University and the AIChE-sponsors to the support of the research in question. Two key elements in this comparison are: (a) the grant would support a significant, ongoing, regular graduate research and education program of the University and (b) the theoretical nature of the research makes it extremely unlikely that any of its results will be patentable. Because of these two aspects, it is the opinion of the 14 (f) committee that the University and public will benefit more from the proposed agreement than will the AIChE-sponsors, in relation to their relative support of the research. Therefore, the committee considers the request for approval of the agreement to be reasonable and in the best interest of the University and the public. The committee, the Chancellor of the Urbana-Champaign campus and the Vice President for Planning and Allocation recommend its acceptance. I concur. O n m o t i o n of M r . H a h n , this r e c o m m e n d a t i o n w a s a p p r o v e d .

Litigation Initiated by Student Trustee Cosgrove and Former Student Trustee Crowley

(25) On July 17, 1974, Student Trustee Terry P. Cosgrove and former Student Trustee Michael J. Crowley filed a Petition for Writ of Mandamus in the Circuit Court of the Sixth Judicial Circuit, Champaign County (Case No. 74 C 576). The named defendants include the other thirteen elected, ex officio, and selected members of the Board of Trustees, President Corbally, Chancellor Peltason, University Counsel Costello, and eleven members and former members of the Committee on Program Evaluation (COPE) at the Urbana campus. The petition alleges that one or more of the defendants have the care and custody of and control over certain task force reports prepared by or for COPE. The petition further alleges that the petitioners made a written demand on President Corbally for the reports and were refused access to the same. It is also alleged that University Counsel Costello supported President Corbally in his denial of access by Petitioner Crowley to the task force reports. The petition prays a writ of mandamus be directed to "the said public corporation" (the Board of Trustees of the University of Illinois) and the other defendants commanding them "to permit your petitioner, Terry P. Cosgrove, to examine the task force reports submitted to the Committee on Program Evaluation of the University of Illinois, Urbana campus, by the task force committees and to permit said petitioner, his agents or attorneys, to make copies thereof, for his personal information and evaluation." On August 21, 1974, the petitioners filed a "Motion for Leave to Dismiss Unnecessary Parties and for Leave to Amend." T h e motion seeks to dismiss certain parties to the case "who are not necessary to the completion of this action," including Michael J. Crowley as a petitioner and all previously named respondents with the exception of President Corbally, Chancellor Peltason, and University Counsel Costello. T h e motion also seeks leave to amend "in order to conform the petition to the new status of this matter caused by the dismissal of these parties." The individual defendants who have been served with summons have requested the University to provide representation for them in the defense of the suit, indicating that all actions alleged to have been taken by them in the matter were taken in their respective capacities as trustees or employees of the University, or as members of the C O P E committee. Pursuant to previous delegations by the Board of Trustees, the University Counsel has been given interim authorization 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. T h e Counsel now recommends that such authorization be ratified, approved, and confirmed in all respects. I concur.