Miami Hurricane, November 13, 1981

              Johnny Looks At Ul>	i/l Wor	n§!	rT—
full details in		SPORTS	
THE
Volume 58, No.22
Friday, November 13, 1981
Phone 284-4401
Claiming Damages To Students
UM Law Students To Sue NCAA
By JEAN CLAUDE de la FRANCE
Head News Writer
Two University of Miami Law Students have said they will file a lawsuit against the National Collegiate Athletic Association (NCAA) in federal district circuit court next week.
Roommates Mike Kosnitzky and Jeff Klein contended that the NCAA’s recent sanctions against the University of Miami football team for recruiting violations were illegal and arbitrary; furthermore, they said, the sanctions will cause "irreparable injury to the tuition-paying students.
"The tuition-paying students will suffer irreparable economic and aesthetic injuries as a result of the NCAA actions, which follow a history of selective enforcement |of regulations! on newly successful football programs," they said.
Two weeks ago UM announced that it had been found guilty of 66 football recruiting violations by the NCAA.
The association sentenced Miami to a two-year probation and banned the Hurricanes from a bowl apper-ance this year.
When UM President Edward T. Foote II made the announcement, he also said that UM would not appeal the sentence.
Kosnitzky and Klein's lawsuit, in which they will name as plaintiffs the “tuition-paying students," will enumerate several reasons why the students will suffer irreparable economic injury becase UM has been banned from playing in a bowl.
•	“The revenues generated from post season bowl competition will not be available to further the educational objectives of the University. Instead these revenues will come from student tuitions."
•	"The lack of bowl revenue will alternatively result in reduced educational opportunities to the paying students. For example, the volleyball team will not be able to participate in out-of-state tournaments." (The Miami Hurricane has reported that the team had to miss two trips earlier in the season due to lack of funds generated by the football program.)
•	“The students will also su/fer aesthetic injury as a result of the reduced quality of their college experience, since they will be unable to participate in the activities associated with a bowl game competition."
•	“The tuition-paying students will suffer irreparable injury as a result of the actions of the NCAA since the action envolve the enforcement of penalties by arbitrary proceedings.”
Klein and Kosnitzky argue that the NCAA has "no rational basis to discriminate against universities without regard to the severity of their infractions.
“Such actions are arbitrary and unreasonable and are thus violative of the equal protection clause under the 14th Amendment," Kosnitzky told the Miami Hurricane in an interview.
Moreover, said Kosnitsky. the NCAA “only enforc-
es (its regulations] against established football schools in the case of flagrant violations or after considerable public outcry."
The second-year law students contend that UM has been dealt with unfairly by the NCAA because the sanctions imposed on UM were the same passed on other schools which committed more serious infractions.
Klein points out that when the University of Kentucky went as far as offering one recruit a race horse
—	along with offering paramutuel tickets and loaning a car — the university was put on a one-year, no-bowl, no-TV probation.
“There has to be a difference between degrees of penalties,” said Klein. “You say that giving a race horse or giving a T-shirt are in the same category. They are not the same.”
Such inconsistent rulings, Kosnitzsky said, could in fact “induce greater lack of compliance | to NCAA rules| if people feel that if they do one major thing wrong, they will get the same penalties as if they did one minor thing wrong.”
That UM's violations were not committed with intentional and blatant disregard of the rules — but, rather, out of an ignorance of the recruiting procedures
—	should have assured a less strict penalty, he said.
Klein and Kosnitzky said the lawsuit has to be filed
by students because the administration could face more severe sanctions should they file and lose Furthermore, the University may have waived its administa-tive remedies with the NCAA.
The official procedures governing NCAA enforcement procedure state that if an individual brings legal actions in the name of the school and loses, both the individual and the school could face severe NCAA sanctions, Klein said.
Klein stressed that in this case the students would be acting on their own. The University would not be subject to additional sanctioning.
The suit will be seeking damages for the injuries paused to the student body ..Kjgin said.
Stated Kosnitsky: “If we could prove that the team would have gotten a bowl bid but for the NCAA's illegal and arbitrary actions, then, possibly, we could get compensatory damage for the harm we suffered.
"We could receive the value of our bowl appearance |but| the jury would have to find that the elements of damage were there.
"Along with the loss of bowl revenues," Kosnitsky continued, “we could sue for monetary damages resulting from the tainting of the school's reputation."
Klein said that the planned lawsuit will be a first.
"The amount of damage is very speculative, but just getting through the door would be a victory. Something like this has never been done before. The schools are afraid. They need the NCAA to get their programs
See Page 3/SUIT
Klein (left) and kosnitzky With The Hurricane
Discuss The Matter
Miami Hurricane/STU HA) I R
Foote Among ODK Tappees
By LOURDES FERNANDEZ
News Writer
Omicron Delta Kappa, a co-ed leadership honorary society, has tapped its new members, including UM President Edward Thaddeus Foote II.
ODK, an organization that recog-
Friends Of Israel’s Methods Impugned
By TRISHA SINDLER
News Writer
One side sees it as "honest." The other views it as "deceitful and misleading.”
“It” is the Friends of Israel Gospel Ministry (FOI), a 43-year-old establishment seeking to convince Jewish UM students that Jesus Christ is the Jewish Messiah.
One side is a number of local members of FOI. The other is a group of affiliates of the Hillel Jewish Student Center who don’t like what the Friends are doing.
So when members of FOI display the organization's pamphlets and other literature on a table in the Student Union Breczeway, several students from Hillel occupy another Breezeway table — on which they display flyers questioning the methods and tactics of the Friends.
Steve DeBardelaben, minister in the UM Baptist Christian Fellowship — the foundation supporting the on-campus FOI effort — said he feels that the Friends' goal is “to
present informative, controversial ideas in the context of the university system, which is a marketplace of ideas.”
DeBardelaben said he feels that people have the freedom to make their own decisions — and that the Friends’ Breezeway display is not dishonest, since it contains gospel information
Rabbi Mark Kram of Hillel shares none of DeBardelaben’s views.
"This is a dishonest way of attempting to convert Jews,” said Kram. “It's abhorrent that some sects of Christianity want to convert Jews, but it's more abhorrent when the advertisment is extra deceitful and misleading."
Kram points out that various Jewish symbols appear on the Friends’ table and throughout their leaflets.
Chris Robinson, a full-time South Florida FOI worker, defended the usage of Jewish emblems, saying that “they are consistent with the belief of Jesus as the Jewish Messiah."
Rabbi David Eliezrie of Chabad House disputed that statement.
“We feel there is false representation in the FOI," he said. "People who don’t know it's not a Jewish organization are guiled.
“I think it’s a wrong representation of Christianity, and it symbolizes the opposite of everything Jewish.”
DeBardelaben does not see It as such. He pointed out that the pamphlets, however perceived by Jewish people, are Christian pamphlets.
"I'm supportive of Jewish people,” he added. “I love all people within my limitations and am committed to free ideas.”
Asked whether he resented the Hillel handouts — which clearly read "Friends of Israel is a lie!" — DeBardelaben replied:
"The students are free to hand out sheets. I see them as interpretations of the existence of FOI."
Yakov Werde, co-Rabbi of Chabad House, also protested the FOI's campus campaign.
“Their, presence is creating un-
* Display h# Breezeway Is Cent^.* Of Controversy
Miami Hurrican*/NA THAN FREEDENBERG
necessary tension,” Werde said. "And what good is this? All the energy they're putting forth could be better applied to something that we share in common."
DeBardelaben saw no reason to alter his position.
“I’m committed to the philosophy that people can disagree and still be friends," he said. "We (religious groups] both have the right to agree and disagree on matters."
Polly Cook of the Wesley Foundation said she believes each group to be completely sincere in its statements. She added that she did not completely agree or disagree with either faction.
“I understand the rabbis' concerns," said Cook, "and I understand (DeBardelaben’s| point of view. But if they (FOI] are trying to convert students, I’m against that.
“I'm not for imposing religion upon people or trying to pull them away from their faiths. If that’s the purpose of the Friends of Israel, I don't think that’s quite fair, and I believe they should show they’re a Christian group."
Robinson, a self-proclaimed Jewish Christian. supported the Friends’ methods. He explained a central idea of the organization which is found in various pieces of FOI literature.
"The Jewish term 'Messiah' means ‘anointed one,’ " said Robinson. "The term 'Christian' comes from two Greek words, 'christus,' meaning anointed one.' and ‘ianus,' meaning ‘belonging to.' Thus, the word 'Christian' means ‘belonging to the anointed one,' making Christ and Messiah synonymous.
“It’s the same thing as saying either ‘six’ or ‘a half dozen.’ "
Eliezrie called that theme irrelevant.
“It's definitely not my intention to attack Christianity,” he said, “but that's a totally Christian idea. Hebrew is older than Greek, and the Hebrew equivalent for 'anointed one' in no way corresponds to the word 'Christ.'
"Words can be translated from one language to another." he added, "but it doesn't necessitate a religious philosophy.”
Werde also attacked Robinson's argument.
"If I defined a table as something
you sit on," said Werde, “it doesn’t make it rjght.”
nizes leaders on campus, selects members twice a year — during Homecoming and Carni Gras. The society installed the new members at a Fall Tapping Luncheon on Oct. 28.
According to ODK President Kip Sullivan, the club is the most prestigious honorary society at UM and the only one that taps faculty members from all departments.
Foote was selected as an honorary member, although it is not a requirement or tradition to tap the university president. "The society felt it in the best interest to establish a good relationship with the new president," said Sullivan.
“I’m honored to be in such good company,” commented Foote.
ODK also tapped 28 undergraduate students, nine graduate students, three alumni, and four faculty members.
Undergraduate tappees were: Marina Angleton, Matt Auril, Karen Baust, Ed Calle, Linda Colson, Elaine Conrad, Keith Crawford, Manuel de Zarraga, John Dol, Paul Fires, Robin Gerofski, Kathy Grego-let, John liter, Amy Jacoves, Jodene Kalman, David Kisor, Edie Scott Knowlton, Laura Leavy, Ivy Le-Vine, Mitchell Levy, Carlos Lor-ente, Ritchie Lucas. Betsy Miller, Amy Mursten, Donald Pascale, Edward Pozzuoli. Brenda Smith, and Rosa Vento.
Graduate tappees were: Jacque Ault, Norma Banas, Liane Colsky, David Deehl, James Deming. Donald Haffele, Kathy Klock, Miles Shaw, and Richard Sperring.
Alumni tappees were: Cynthia Salzman, Joseph Shaw. Jeffry Zi-rulnik. Tappees from the faculty were: James Foley, Zelda Lipman, Dean Thomas Papino, and Norman Parsons. There were also two tappees honoris causa: Foote and Polly Cook.
Foote \l Fiint-lieon
Award Is ’Inside Out*
By MARIA E. SALAZAR
News Writer
Most of the time students are forgotten by their professors and advisors by the time they leave the university. New faces come in. bringing new problems.
Dr. John Robinson, assistant dean for student affairs of the UM School of Medicine, is doing his best to keep that from happening here. For that effort, Robinson received the UM Alumni Association's "Inside Out" Award at the Homecoming dinner-dance Oct. 30.
The award goes annually to those “who, working on the inside, help to bring those on the outside, who used to be on the inside, but are now outside, back inside."
Yes, it's a little confusing, but the point is that Robinson gets in touch with UM alumni when they have a problem that needs to be solved — and he gets in touch with UM alumni just to make sure they keep in touch.
President Edward T. Foote II, who presented the award, praised Robinson for "his manifested concern toward current alumni over and above his assigned responsibility."
Stated Robinson: “I would do anything for the alumni. I don’t want to lose contact with them because we *-e all one big family."
Robinson, a graduate of the Uni-
versity of Pennsylvania School of Medicine, came to Jackson Memorial Hospital to complete his internship in 1955. He has been here ever
since.
The assistant dean's "assigned responsibilities" include helping current medical students with any problems they encounter while attending medical school. In addition. Robinson says, he doesn't forget about the students and their possible difficulties after they leave.
“I help alumni with documentation problems, recommendation letters or simply giving them my advice on how to get where they want to go,” says Robinson.
The same goes for current students. “I always tell the students to come to me if they encounter any problem.
“I also tell them — so will get used to the idea — that one simple day in medical school is like taking the most difficult day they had in undergraduate school and multiplying it by 10 times.”
While he does spend time talking with current students, Robinson also spends time finding alumni who might solve their problems; his exhaustive efforts toward that part of his job during the past year impressed the Alumni Association enough to guarantee him the "Inside Out" award.
“Problemt," he notes, “are myv job to solve.