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4 C. L. Bull. 1 (1971-1972)

handle is hein.journals/colewbult4 and id is 1 raw text is: ®  1971 United States National Stu(

Student Fees

THE DISPOSITION OF STUDENT FEES:
ALTERNATIVES OF CONTROL
by Joseph R. Grodin
Questions concerning appropriate uses for mandatory student
activity fees moneys and where control over their expenditure
should be vested, are current topics of debate-and even litiga-
tion- on many campuses. Principal reasons for this range from
tight money and the university's reduction of the student go-
vernment'-s allocation in order to pay for other programs, to
challenges to the alleged political or activist nature of the pro-
jects and programs supported by the fee moneys.
The following discussion has been in preparation for several
months. The article itself examines current models for student
fee control and use and then suggests a new model which may
obviate many of the student and administration objections to
current procedures. Annotations to the article discuss in greater
detail the legal aspects of student fee control.
Mr. Grodin is a partner in the San Francisco law firm of
Brundage, Neyhart, Grodin & Beeson. During 1968-1969 he was
legal counsel to the Associated Students of the University of
California at Berkeley.
The article, with some minor changes and without the anno-
tations, is being published concurrently in the Fall issue of the
Boston University Journal.
For years State U. has collected moneys from all students
upon registration, in the form of an incidental fee or man-
datory student activity fee, and has turned part of it over to
the Associated Students, the recognized student government on
campus, for use in supporting the variety of extra-curricular ac-
tivities sponsored by that organization. And until recently there
have been no major problems. There has been broad consensus
among students, administration, faculty, and alumni as to the
kinds of activities to be sponsored, and tacit acceptance on the
part of the student government that the administration has the
last word in the event of serious disagreement. In effect, the
student government1 has been performing an essentially admin-
istrative function, holding hearings and making decisions with re-
spect to competing claims on the student fee, overseeing admin-
istration of the money by sponsored organizations, and opera-
ting the Student Union building and its facilities, all within a
fairly narrow range of policy alternatives, and in a relatively pa-
ternalistic context.
Recently, however, the situation has undergone radical
change. The students, or at least the elected officers of the As-
sociated Students, are no longer content with confining their ac-

tivities to those which have been traditional on campus. They
feel the attraction of new horizons more challenging, more ideal-
istic, more relevant to the social problems of the day. And so
they seek increasingly to devote their attention, and with it the
resources under their control, to new areas of campus concern:
draft assistance to students; tutorial programs for minority stu-
dents; minimum standards for student housing; bail funds for
students who have been arrested; legal defense of students who
face disciplinary action by the administration; development of
new courses of study not offered as part of the regular academic
curriculum; sponsorship of on-campus conferences dealing with
controversial social problems. Moreover, their horizons are not
limited by the geography of the campus; they are interested in
using student resources to change for the better the world about
them, and particularly with respect to the currently overriding
issues of race relations, environmental quality, and peace.2
This new thrust of student activity presents the administra-
tion with a variety of headaches. The student setiate votes to de-
crease the annual appropriation for the student marching band
and devote the money instead to a seminar on racism, and some
students, some faculty, and a lot of alumni complain bitterly.
The complaints get louder when it is discovered that the money
has been used to pay honoraria to lay participants in amounts
greater than those normally paid to distinguished visiting lectur
ers. A member of the board of regents calls the president to ask
how it is that moneys collected by the university can be used to
sue the university on behalf of a student alleged to have been im-
properly expelled.   And a local newspaper editorializes vehe-
mently against what it considers to be the use of public moneys
for political purposes.
In this issue of the BULLETIN.
Page 7               Student Strike.   An Ohio Court
of Appeals and a federal district court issue differing
opinions as to whether sovereign immunity bars recovery of
damages from the state by the parents of students killed at
Kent State.
Page 9               Student Organizations. A Mississippi
district court finds that a student organization is entitled to
timely notice of reasons for nonrecognition. The Second
Circuit affirms a district court decision upholding denial of
college recognition to a campus chapter of the SDS.
Page 10              Grooming Code.    The Ninth and
Tenth Circuits decide that suspension for violation of long-
hair regulations does not present a substantial federal question.
Page 15              U. S. Supreme Court. Among other
actions, the court has agreed to review a decision of the
Seventh Circuit holding that nontenured teachers have a right
to a statement of reasons for dismissal and a hearing.

Vol. IV, Nos. 1-2 - Sept.-Oct. 1971

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