By GIN NY BENTZ
Collegian Junior Reporter
A federal report released yesterday
indicates the University's actions to
eliminate discrimination have not
adequately met its obligations to employ
women and minorities
The report resulted from a recent six
month review of University employment
practices by a team of compliance
specialists from the Department of
Health. Education and Welfare
The review was a result of a complaint
filed by the Women’s Equity Action
League against the University charging
sex discrimination in employment
practices under Executive Order 11246,
which forbids federal contractors from
discriminating on the basis of race,
color, religion, sex or national origin.
HEW requires a written plan of af
firmative action efforts by the
University to recruit women and
minorities for faculty and staff positions.
A plan developed voluntarily by the
Keddie files $70,000 tenure suit
By RICK NELSON
Collegian Junior Reporter
Wells Keddie. the controversial for
mer Penn State faculty member, filed
suit yesterday asking to be granted
tenure at the University and damages of
$70,000
The suit, filed in the United States
District Court for the Middle District of
Pennsylvania, asks' that the procedure
used in the denial of tenure to Keddie be
declared in violation of Keddie’s First
and Fourteenth Amendment rights.
The b “akdown of the damages in
cludes. $lO,OOO for damages and loss of
salary, $lO,OOO for injury to reputation,
embarassment. humiliation and mental
and emotional distress, and $50,000 for
exemplary and punitive damages. He
also asks the University to pay the cost
of the suit.
The suit names as defendants The
University. University President John
W Oswald, Dean of the College of the
Liberal Arts Stanley F. Paulson and five
John Does, the members of the ad hoc
faculty committee that denied tenure to
Keddie in June, 1971 whose names are
unknown to Keddie.
Keddie. after six years at the
D Et D resumes ticketing activity
in spite of legality challenges
B\ 808 YLSKAVAGE
Collegian Senior Reporter
D and D Parking Lot Security Com
pany, shut down since June by a court
injunction and tentatively reopened by
company owner Dean Wagner last
month, is definitely back in business but
with its legality challenged.
Jeffrey Ernico, special deputy at
torney general of the state Bureau of
Consumer Protection, who last spring
handled the case against D and D, said
that so long as D and D operates in
compliance with the injunction its
business is legal.
However, Ralph Kim (7th
architectural engineering) told The
Daily Collegian he paid Dean Wagner $3
for a parking lot violation last night. Kim
said Wagner informed him and another
person in the office a $l5 fine from the
district magistrate’s office awaited
them if the fine were not paid.
The injunction issued June 19 by
Commonwealth Court Judge Genevieve
Blatt, however, specifically orders D
and D to stop collecting fines. All
parking violation fines by law are to be
collected through the district
magistrate’s office.
State College District Magistrate
Clifford H. Yorks last night was
unavailable for comment. The notice
placed on Kim's car stated no amount to
PSU money vote soon
By KEN CHESTER
Collegian Senior Reporter
Reliable sources in Harrisburg said
last night the conference committee
discussing Penn State’s appropriations
bill will report the bill out for a vote
today, with Penn State’s $2 million
addition intact.
Other sources would not confirm the
report, agreeing only the committee
probably will report the bill today.
The committee met yesterday after
several Senate amendments to the
House appropriations bills for Penn
State, the University of Pittsburgh, and
Temple University were not agreed to by
the House.
Among the disagreements were ad
ditional funds added by the Senate to the
Pitt and Temple bills. Penn State’s extra
Collegian
the
daily
report indicts University
University in 1971 was found deficient in
several areas, the report said, although
it showed a firm policy of non
discrimination has been established.
HEW delivered the report on Oct. 18
and the University administration has
been reviewing it for 30 days before
responding to HEW and releasing it to
the public
The report said the University lacked
an effective centralized mechanism for
checking on possible discrimination in
employment practices.
In answer to this. University President
John W. Oswald said a full-time Af
firmative Action Office staffed by an
officer, a specialist and a clerical
assistant is being established to make
sure efforts at equal opportunity em
ployment are carried out.
The office will report to the University
provost and be considered staff to the
Assistant Vice President for Personnel
Administration, Oswald said. The HEW
report recommended the affirmative
University as an assistant professor of
labor studies, was denied tenure by the
ad hoc committee in spite of a recom
mendation from his department that his
tenure be renewed and a high evaluation
of his teaching by students
The suit states that during his em-
be paid, no place to pay nor that a
summons from the district magistrate
would be received.
D and D’s address, however, is printed
on the bottom of the notice. Kim said he
went to D and D’s office because he did
not feel he deserved the fine. While there
.Wagner told him he could pay the $3 fine,
Kim said.
Stephen Rosenfeld, Organization of
Town Independent Students president,
said he has testimony from three people
who have paid the D and D fine. “It’s my
inclination that this is very, very close to
an injunction violation. Things are not as
milk and honey (with D and D) as some
people thought,” he said.
Rosenfeld said he questions the D and
D notice because it does not cite section
1021 1 of the Pennsylvania Motor Vehicle
Code-, which deals with parking on
private property and said he also
questions Wagner’s right to negotiate for
fine money.
Last week Ernico said the D and D
situation “seemed to be legal” since the
firm was not violating the injunction.
Rosenfeld said he plans to visit Ernico
again Monday to further discuss the
matter
“I have an assurance from the state
that if D and D is in violation of the cease
and desist order it (the state) will stopD
and D from operating,” Rosenfeld sayd.
funds, added in both chambers, also
came under fire.
Once reported, the bill will require
only passage by both houses before
going to Gov. Shapp for his signature.
Passage is expected before the
legislature dissolves for good at the end
of the month.
The only change in the Penn State bill
will be in the so-called Snyder amend
ment. The original amendment, added in
the Senate by Sen. Richard A. Snyder, R
-13th, required all three state-related
universities to provide the General
Assembly with a list of all faculty
members that do not teach at least 12
hours a week, and explain why not.
The amendment now will read each
university “shall submit an analysis of
the weekly workload of faculty mem
bers,” the sources said.
action officer be responsible only to the
President so the officer’s position could
acquire the status necessary to influence
hiring decisions by academic depart
ment heads.
The HEW report criticized affirmative
action policies on maternal leave for
faculty and staff women and the em
ployment of two members of the same
family. It recommended a clear
statement of policy to insure that women
are not penalized if they require time
away from work because of childbirth,
and explained when simultaneous
employment of two family members is
discouraged, the woman is usually the
one denied employment.
Oswald agreed to include the
recommended University policies on
maternal leave and simultaneous em
ployment of two family members in the
affirmative action plan.
The report said the University lacked
realistic goals and means of relating to
women and minorities in certain major
ployment at the University, Keddie
“performed with 9 degree of
professional competence sufficient to
qualify him for a tenured position.”
Keddie, who is presently teaching at
Livingston College of Rutgers Univer
sity, called his tenure denial a “political
firing...an.attempt to silence and im
mobilize critics of the status quo in this
University.”
The suit points out that while at Penn
State Keddie took part in activities such
as demonstrations and strikes and that
he was “vocal in his expressions of
opinion with respect to such activities,
and his expressions were often critical”
of University administrators.
Also cited in the suit are Keddie’s
efforts to persuade faculty members to
form a union to
bargaining with the University.
The suit also mentions Keddie’s at
tempts to learn the reasons for his
tenure denial and offers as evidence a
request from Keddie to Paulson asking
for this information.
Aside from asking damages, the suit
charges the defendants with conspiracy
and breach of contract. The suit charges
that the defendants conspired to
The injunction ordering D and D to
stop operating followed a series of
complaints last spring against the
company by apartment residents in
State College whose lots were patrolled
by D and D.
Company employes were accused of
abusive behavior in their ticketing
practices. Several people claimed they
were abused by Wagner in his office. D
and D patrolled privately owned lots and
ticketed illegally parked cars. D and D
kept a share of the fines and turned over
the rest to the state.
Oct. 12 Wagner mentioned he was
going back into business but would not
specify the date. At that time Yorks said
he would “not accept any cases from D
and D until I get a ruling from the at
torney general with regard to the in
junction.”
Last week Yorks told The Collegian he
is now honoring D and D’s notices since
Ernico gave him the okay as long as the
particular lot owner has granted Wagner
a contract. Wagner now receives a fee
from the landlord whose lot his firm
patrols.
Neither Wagner nor his attorney Ben
Novak, former University student legal
adviser, will comment on D and D’s
status. Robert Wagner, the owner’s son,
last week confirmed by telephone that D
and D is back in business but would not
comment further.
maybe
The main debate centered on the
money allocated to Pitt and Temple, the
sources said. The Senate amended $2
million to their totals, but the House did
not.
Penn State’s extra $2 million, added in
both the House and Senate, remained
intact through the debate, the sources
said.
Passage of the bills by the legislature
will mark the end of a five-month delay
in state funds to the University. Since the
last appropriations ran out June 30, the
University has been running on loans,
tuition and other income.
University officials repeatedly have
said the debt incurred by the delay
changes from day to day and could not
guess how large the debt is or how much
money will be lost to payment of interest
on the loans.
academic departments as well as semi
professional, skilled and semi-skilled
areas of other departments.
Minorities still are not represented in
University job positions in proportion to
their national availability, although
there has been an annual percentage
increase in minority employment since
1968, according to the report.
The report said an overall deficiency
in women employed still exists at the
University despite the percentage of
women with doctorates in these fields.
“It appears that (the University) has
made attempts to correct the apparent
salary inequities of its male vs. female
faculty,” the report said. However, it
also cited a number of apparent salary
inequities among the University’s
faculty which range from minor to
substantial differences in pay.
“As a result of this review,” Oswald
said, “new procedures to insure equity
in salary structure have been in
stituted.”
“deprive the plaintiff of the equal
protection under the laws” and charges
that they used “information and reports
in a preconceived determination to
punish the plaintiff for his political,
educational and union activities.”
The charge of breach of contract
stems from “policies of the defendant”
(the University) that state “the
provisional period of service prior to the
attainment of academic tenure is seven
years” after which “the faculty member
shall have permanent tenure.”
The suit continues the University
“wrongfully terminated (Keddie’s)
employment after the plaintiff had
received promises of academic tenure
from previous employment and had also
completed more than the requisites of
seven years” at the University.
Keddie said of the suit, “I am pleased
that it has come up,” but added he did
not know how long it would be until it
came up in court.
Fred Speaker, Keddie’s lawyer, said
he did not like to comment on cases in
progress. He did say that after the suit
was served the University would have 20
days to respond and added that it could
be a long time before it came up in court
Parkway
complexes
get the ax
By ELAINE HERSCHER
Collegian Senior Reporter
The Parkway Plaza Apartments,
Westerly Parkway, is the first big State
College apartment complex required to
lower rents resulting from the present
Internal Revenue Service shakedown of
local landlords.
Owned by I and A Corporation and
controlled by Alex Woskob, owner of
several area complexes, most of Park
way’s 296 units were subject to rent
rebates after the IRS finds of non
compliance with federal price-freeze
standards set last August.
Neither the IRS nor the owners would
comment either way as to Parkway’s
compliance, but it was never denied.
Apartment owners contacted by The
Daily Collegian said they find a distinct
parallel between the IRS reports of 380 of
Hearings called harmful
By RICH GRANT
Collegian Senior Editor
The effect of the Ritenour hearings has
been “to tear down confidence in the
student’s only source of health care,”
according to John A. Hargleroad,
director of University health services.
“I feel they were detrimental to the
health service,” Hargleroad told The
Daily Collegian. He said the morale of
Ritenour’s staff and their credibility
with students had been threatened.
The Undergraduate Student Govern
ment Senate conducted two hearings,
public on Nov. 9 and closed on Nov. 16, to
gather student suggestions and com
plaints on campus health services.
The hearings created a stir when
articles in The Collegian revealed
“stories of mistreatment and abuse,”
charges by several students of faulty
diagnosises and bad treatment.
According to Hargleroad, Ritenour
personnel were asked not to attend the
hearings because their presence might
"intimidate students not to give
testimony.”
“A handful of people got up and aired
complaints which for the most part were
differences in interpretation,”
Hargleroad said. “Most of the com
plaints were the result of somebody
having been told another way of treat
Tuesday, November 21, 1972
University Park Pennsylvania Vol. 73, No. 72 8 pages
Published by Students of The Pennsylvania State University
The HEW report recommended the
University make efforts to include
women on University s committees,
especially those vital to the interest; of
women. It also recommended that a task
force including women faculty be
assigned to conduct a review of per
sonnel policies and practices of all
departments to determine inequities in
faculty employment.
The task force’s analysis comparing
women and men should include but not
be limited to an evaluation of salaries,
tenure, utilization, appointment to
committees, placements and rates of
advancement.
Oswald said a Committee of Personnel
Representatives including a large
number of women has been active in the
University's affirmative action
program, and a sub-committee of the
Faculty Affairs Committee of the
University Faculty Senate will advise
the provost and the Affirmative Action
Office
500 units owned by the same landlord
ordered to lower rent and their own
sudden rent decreases.
The story is the same for all tenants
contacted. In late October they were
notified by letter, indicating their rent
was illegal, several tenants said. “I
think it came because of the price freeze
he (Woskob) did not adhere to,” one
renter said, referring to the Phase II
program.
After the letter came, an S-38 form,
notifying, the tenants of a rent change
was hand-delivered to each tenant by the
I and A secretary. On the form are listed
the base rent (the source of the
illegality) 2.5 per cent of the base, which
is the allowable increase and other in
cidentals such as maintenance costs and
improvements.
Those contacted had decreases of $lO
to $l5 a month originally until all
charges were re-computed and the
landlord determined he could then raise
rents $6 to $9, depending on the base.
These increases, as required by law,
must be explained by the landlord. If the
tenant is not satisfied with the landlord’s
decision or explanation, he can appeal to
the local IRS, 444 E. College Ave. for
investigation or clarification.
At the Pittsburgh district IRS, con
ducting the regional investigation,
although complaints are readily ac
ment and preferring to go along.”
According to the director, a coed,
taking medicine for a sore throat, went
off the medicine after she read the ar
ticles and became worse.
“One student came in and asked Dr.
(Genevra) Fleagle if she was a doctor,”
Hargleroad declared. “The staff feels
these were unjustified charges.”
Hargleroad claimed students do have
methods of registering grievances
against the University health service.
“They should talk to the physician
they have the grievance with,” he said.
“There is a suggestion box in the lobby.
My door is open for any students who
have complaints. There is ample op
portunity for them to speak to
(Raymond O. Murphy) the vice
president of student affairs or (Daniel R.
Leasure) the assistant vice president for
student services.”
He added that complaints could be
evaluated by the grievance committee of
the Centre County Medical Society.
“The USG doesn’t know how to
evaluate medical treatment,”
Hargleroad said. “They’ve assured me
this is not what they wanted.”
Hargleroad admitted he has not
spoken to USG representatives since
before the second hearing. At that time,
he said, they promised to send him tapes
Oswald said, “The University now has
developed a grievance procedure ready
to be put into use as the occasion arises "
The report said sound grievance
procedures to deal with complaints of
discrimination are necessary to show
good faith effort on the part of the em
ployer.
Oswald said the University is
establishing a procedure of staff
vacancy announcement which will
provide the University community with
knowledge of job positions as they
become available
Employment procedures to provede
concrete evidence of efforts to recruit
qualified women and minorities for
faculty appointment are being ex
tablished at the University, Oswald said.
“This University is committed to a
good faith compliance,” Oswald said,
“not from duress but from concurrence
with the underlying principles of justice
and equity which motivate both., the
University and HEW ”
Night of light
cepted, no ore is talking about them
When asked / Parkway Plaza is the
complex ordered two weeks ago to mete
out $9,900 in rollbacks to its tenants, IRS
officials refused to answer
“I can’t disclose this,” an agent said
“That is strictly confidential.” He said
the disclosure of individual violators or
complaintants could injure further
rollbacks besides inciting retailiatory
action from the landlord against the
tenant.
One tenant described the affair as
“shrouded in secrecy,” having been told
little by his landlord about the rent cuts.
No rentor remembered ever seeing a
word printed about the IRS.
Woskob's wife, who would not divulge
her first name, handled the IRS in
vestigators but refused to comment on
their instructions to her. When asked if
Parkway Plaza was the cited complex,
she said, “It was checked, that’s all I can
say. That information is not available ”
When asked why not, she said, ’‘lt’s not
for publishing.”
Ms. Woskob said the IRS gave her
“nothing but how to arrive at base rents.
It was very helpful they did this,” she
said. She added her rent rates had not
changed in four years, that only the base
rent was changed. One of the tenants, a
University professor, said his rent was
raised $l5 last Julv.
of the hearings.
"My disagreement with the hearings
is that they have been negative." the
director said.
To USG senators involved, the
hearings are an example of good in
tentions leading to an unplanned effect.
They say it will work out.
John P. Martonick, hearing com
mittee counsel, said, “Its original goal
was to look into possibilities for im
provement. It was never intended to
attack any doctor. It was never meant to
be a witchhunt.”
Martonick, sponsor of the USG Senate
hearing bill, said future hearings will be
closed and Ritenour personnel will be
invited to testify at them.
Discounting the idea of the hearing
being negative, Martonick said, “You’ll
have a person come in and say, ‘This
happened to me and I didn’t like it.’
Then, about the center as a whole: ‘good,
needs more doctors, more money.’ ”
“Our idea was mainly to get student
input,” USG Senator Richard Hoffman
said. “We just wanted suggestions.”
He described the hearing testimony at
the hearings as a mixture of bad and
good views.
“Most of us are just students,” Hoff
man said. “We are not there to judge on
technical things.”
pnoro by Jon Fortuna