Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 89]

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78

BOARD OF TRUSTEES

[September 18

T h e complaint seeks a declaratory judgment declaring: (a) that the actions of the Board of Trustees on July 17, 1974, are void and ineffective and (b) that the action of the Board of Trustees on June 18, 1969, remains in full effect and validity regarding the operations and governance of the Illini Union and the composition of the Illini Union Board. T h e complaint further requests that the Board of Trustees be enjoined from enforcing the July 17, 1974, actions or, in the alternative, that the Board be ordered to obtain the advice and recommendation of the Urbana-Champaign Senate. T h e University Counsel has stated that in his opinion the complaint is not well founded and 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 the proceeding. I concur. O n m o t i o n of M r . S w a i n , a u t h o r i t y w a s g i v e n as r e c o m m e n d e d b y t h e following v o t e : Aye, M r . Forsyth, M r . H a h n , M r . H o w a r d , M r . H u g h e s , M r . Livingston, M r . Neal, M r s . R a d e r , M r . Steger, M r . S w a i n ; n o , n o n e ; absent, D r . Bakalis, G o v e r n o r W a l k e r .

Litigation Instituted by J. E. Davis

(40) T h e University and certain of its employees have been named as defendants in a proceeding filed in United States District Court for the Northern District of Illinois, Eastern Division (Case No. 74 C 2038), by J. E. Davis, a former employee in the learner program at the Urbana-Champaign campus. University employees named as defendants include President Corbally, Chancellor Peltason, Toby Kahr, Jack T. Harroun, J. H. Trail, and Robert Thompson. The University Civil Service System of Illinois, Walter G. Ingerski, Director, is also named as a defendant. T h e documents attached to the summons are in the nature of a petition for leave to file a civil action charging racial discrimination and for the appointment of counsel. An "Affidavit in Form Pauperis" is attached to the summons. It is anticipated that some or all of the individual defendants who are University employees will request 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 University employees. 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 and to provide representation of the individual defendants who request him to do so. I concur.

O n motion of M r . Swain, authority was given as recommended by the following vote: Aye, M r . Forsyth, Mr. H a h n , M r . Howard, Mr. Hughes, M r . Livingston, M r . Neal, Mrs. Rader, Mr. Steger, Mr. Swain; no, none; absent, Dr. Bakalis, Governor Walker. Litigation Initiated by Martin Braudo

(41) The University, the ex officio and elected members of the Board of Trustees, and six members of the staff at the Medical Center campus, have been named as defendants in a suit filed in the U.S. District Court for the Northern District of Illinois, Eastern Division (Civil Action No. 74 C 2595), by a Martin Braudo, an applicant for admission to the College of Medicine. Also named as defendants, under the designations "John Doe and Richard Roe," are past and current members of the Committee on Admissions at the College of Medicine. All individuals are sued individually and in their official capacities.