12

!

Off-Campus Areas

1

"While many arrests have occurred in University buildings, our men were also checking playground areas and public gathering spots where it was felt homosexuals might meet," Capt. Walter Krasny of the police department said. Krasny has charge of the surveillance which sent two officers through University and other facilities.

Krasny said he didn't consider the current "special surveillance" anything unusual. “This isn't a campaign. It's merely a normal routine of investigating complaints, a continuing investigation," he said.

Usually, alleged homosexuals are arrested after police witness an attempt to solicit a partner, or an actual homosexual act, he said.

However, he added, the officer need not necessarily witness such an incident, and, as in other felony cases, he may arrest an alleged violator on the basis of a complaint.

The law sets no particular criterion for a violation, he said. Once an alleged offender is arrested, it is up to the prosecutor's office to determine the extent of the violation and the criminal proceedings used in his case.

There are two general sets of charges that may be filed against a suspected homosexual. One is a felony-the "gross indecency" or "procuring" charges-levied against most offenders. There are also lesser misdemeanor charges of obscene conduct and accosting. These, Ager said, are less frequently made.

Insufficient Evidence

The misdemeanor charge is pressed when there isn't enough evidence to warrant the procuring charge, he explained.

A suspected offender is given a preliminary examination in which the court determines whether there is sufficient evidence to hold a trial. From that stage, the case is brought to circuit court for arraignment.

In the majority of Washtenaw County cases, the defendant pleads guilty and an investigation is held before a sentence is pronounced, Ager added.

Occasionally, the accused pleads innocent, and a jury trial is held. Psychiatric Consultation

During the pre-sentence investigation, the court consults court psychiatrists who have dealt with the offender. Or, the court permits him to submit a report from a psychiatrist of his choosing.

The court may also contact the offender's employer. Often this notification may be the first knowledge the University has of the arrest of faculty or staff member or of a student.

Offenders are fined $250 and court costs by Circuit Court Judge James Breakey, and placed on five-year's probation.

Repeaters quite often are sent to prison. A man arrested two years ago was apprehended in the May surveillance, while on probation, and found guilty again. Breakey sentenced him to two to five years in prison.

As in the case of any felony, the policy notify the dean of men's office when a student is arrested. The University then insures that the student has bail and defense counsel.

If he is convicted, the University suspends him until he presents Health Service a psychiatrist's letter saying that he is a good social risk. Such a letter may be sufficient for the University to allow a student to be readmitted, though at times other factors may be involved.

"The University has to take the position that homosexuality is a crime," Vice-President for Student Affairs James A. Lewis declared, summing up the University's attitude toward convicted homosexuals.

Stringent Faculty Enforcement The University views the case of faculty and staff members convicted of homosexual crimes in a different light than students similarly convicted.

This is because the University realizes that a certain amount of sexual experimentation is frequent during adolescence, and homosexual practices among college students, while not common, lack the serious implications which homosexuality among responsible adults entails, Vice-President for Academic Affairs Roger W. Heyns explained.

employed to make a wholesome intellectual atmosphere; faculty members are employed for that explicit reason, and it is up to the University to insure that they fulfill this image," Heyns said.

No Happy Home

"I don't want the University to become known as a happy home for these people," Executive VicePresident Marvin L. Niehuss said.

When the University hears of a faculty member's arrest on these charges, Niehuss said, the dean of his school or college talks to him, but no action is taken until the trial is completed and guilt has been established.

Resignation to the Situation There have been no known cases of dismissals; usually the faculty member resigns, Niehuss said.

"Each case is handled individually. There is no hard and fast rule, but the University feels it

must be rather careful."

Prior to the police investigation, the University had attempted to curb homosexual incidents in its buildings.

An investigation by the administration resulted in the closing, after 5 p.m., of several men's lavatories in Angell, Mason, and Haven Halls and in the restrooms of the Undergraduate Library.

The University is continuing to study the problem, Lewis said. No solution has been found as of

"While the University is interested in the climate students create for each other, they are not yet.

FOREIGN PUBLICATIONS,

The Circle (Der Kreis)

Published monthly since 1932, In French, German and Engilsh (no translation duplications); contain's photos, illustrations and art reproductions, Ralf, editor. Annual subscriptions $11 Arst class sealed, Bank draft or cash to Lesezirkel Der Kreis, Postfach $47, Fraumunster, Zurich 22, Switzerland.

Arcadie

Monthly literary and scientific review in French, A. Baudry, editor. Subscripto Tons $9 per year. Address 74 Blvd. de Reuilly, Paris XII, France.

mattachine REVIEW

:

13