Repository: UIHistories Project: Board of Trustees Minutes - 1978 [PAGE 45]

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34

BOARD OF TRUSTEES

[July 21

Litigation Relating to Activities of Registered Student Organizations, Urbana

(42) A complaint for money damages and injunctive relief has been filed in the Circuit Court of Cook County (Case No. 76 C H 3958) by Donna Wolske and Lincolnland Illinois Company. The defendants include the University, each elected member of the Board of Trustees, and President Corbally, individually and personally. Additional named defendants are Marvin Gerstein (alleged to be "an attorney for an approved and recognized and University-supervised student organization, the 'University of Illinois Student Legal S e r v i c e ' " ) , the Student Legal Service, University of Illinois, and the Champaign-Urbana Tenant Union. The complaint is in nine counts, each alleging the commission of an "actionable prima facie tort against the plaintiff by the defendants" and seeking money damages of $100,000 from defendant Gerstein, and of $5,000 from each and every other defendant "who is a real person." In addition, injunctive relief against all defendants is requested. An injunction is sought against Marvin Gerstein to prevent him from representing certain students at the University of Illinois, from styling himself under designations which imply endorsement or support by the University, and from filing certain lawsuits. An injunction is also sought against the University and the other defendants to prohibit the recognition, as an "approved" student organization, of any group which claims as its dominant purpose "vexatious and malicious litigation," or which encourages and supports the filing of litigation "supervised and directed from University of Illinois offices, buildings, phones, and related support services," or which acts in concert with the Student Legal Service, including the Champaign-Urbana Tenant Union, and to prevent the Trustees from recognizing the tenant union for the purpose of extending "taxpayer supported funds and facilities to the legal service and tenant union." T h e complaint alleges that the Student Legal Service operates as an approved student organization and that the University provides to it and to Marvin Gerstein certain tax-supported amenities, including free office space, access to funds generated on University premises through student-supported fund-raising efforts and fee-generating services, free telephone service, and access to Universityowned business machines, offices, and desks. It is alleged that the funds of said Student Legal Service are under the direct control and supervision of the University. It is alleged that the Student Legal Service and defendant Gerstein have used and been the direct beneficiary of "tax exempt state owned and controlled facilities in the furtherance of any actions, activities, and related ventures in which they have engaged." It is alleged that the Trustees and the Board have improperly permitted the Student Legal Service and defendant Gerstein to use the University of Illinois name and to file a multiplicity of lawsuits against plaintiff and others. It is further alleged that the defendant Gerstein has been convicted on a felony charge and that hia legal defense fees "have been paid from student funds appropriated through University channels for the benefit of said legal service." The complaint also alleges that neither the Student Legal Service nor the Champaign-Urbana Tenant Union is a bona fide student organization. It is alleged that the Tenant Union has engaged in the unauthorized practice of law "by representing students in landlord and tenant matters and encouraging them to break leases and bring law suits against landlords." It is stated that the Tenant Union has acted as a feeder organization for the Student Legal Service and has encouraged students to file "free" lawsuits against landlords in the ChampaignU r b a n a area. I t is further alleged that the Board and the Trustees were negligent in permitting Mr. Gerstein and the two organizations to conduct their activities on "taxpayer supported property and premises," and have breached their fiduciary duty to parents of University students and to the taxpayers of the State of Illinois. 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,