by Michica N. Guillory

Daily Cougar Staff

UH may appeal Monday's decision in favor of former UH Physical Plant plumber Dana King, who was awarded $100,000 in punitive damages by a jury Monday.

King, 41, filed a discrimination lawsuit against the university in May 1990. He was fired for the second time in September 1990.

The court initially threw out most of the claims including breach of contract, wrongful retaliation under the Whistleblower Statute and wrongful termination under the Worker's Compensation Act, said Nancy Footer, Assistant University Council. The breach of contract claims against the individuals were also dismissed.

The University was also dismissed as a defendant in the case, Footer said.

Two of the defendants in the case, Paul Postel, Building Maintenance Manager, and Robert Scott, Mechanical Maintenance Foreman, are liable for a collective $100,000 in punitive damages.

Postel is liable for $80,000 and Scott is liable for $20,000 (see correction page 2). However, the defendants will not be paying out of their own pockets.

"The university will be paying for the damages," said Nancy Footer.

The other two defendants in the case, Physical Plant Director Thomas Wray and Physical Plant Executive Director Herb Collier, were not held liable through a lack of evidence against them.

Scott, retired since Aug. 31 of this year, and Postel were also liable for the intentional infliction of emotional distress to King.

King was also awarded $1 from each of them in compensatory damages.

Footer explains, "A jury can not award punitive damages unless they award compensatory damages."

This rule may account for the difference in the jury's awards for compensatory and punitive damages.

Footer went on to explain why the difference can be considered so large, "Sometimes, in corporate cases, compensatory damages may be $1 million and punitive damages may be $10 million which is only a 10-fold increase.

Incidentally, the jury had to ask the court if the compensatory damages were necessary.

Though King was awarded money for damages, he will not be collecting it immediately.

Joseph Indelicato, King's attorney, said they will be filing three more claims with the state court.

The defense is also not finished with the case.

"We intend to file within 10 days a motion for the judgement notwithstanding the verdict," Footer said. "UH's position is that we do not believe the evidence supports the sizable award of punitive damages.

"We intend to ask the court to throw out the punitive damages award," she said. "If they don't, then we are contemplating an appeal to the Circuit Court of Appeals."

The King ordeal has not done much for the morale in the Physical Plant, an anonymous caller from the department said.

Despite the trial, King said he would return to the department.

"I would like to come back," King said. "I didn't want to leave to begin with; if I had never been fired, I would never have left."

However, King can not immediately return to work. A judge must prepare and sign an order for him to return to work, King said. "I won't know exactly what is in the order until (this) Friday."

Collier said there would be no tensions between King and the management if King came back, though he is eager for things to return to normal.

"It would be nice to get back to work again," Collier said.




by Channing King

News Reporter

What if there was an election and no one was eligible?

Term limitation will force nine City Council members, including City Controller George Greanias, who spoke to students Tuesday, Sept. 8 in the Communications Building, to either petition for re-election or seek a different position.

Richard Murray, a UH political science professor, believes the term limitation constraints will force many candidates to forego seeking re-election. In November 1993, he said there may be many vacant offices.

An official can now serve a maximum of three two-year terms and then must file a petition signed by 20,000 constituents in order to run for re-election, said Charlan Burleson, a member of the city secretary's office staff.

The petition can be started once candidacy has been declared. The deadline to turn in the petition is set each year by the City Council 30 days before the election, she said.

Greanias was first elected to the office of city controller in 1987. Currently, in his third term, he will have to file a petition if he decides to run for city controller again.

Unlike Greanias, Councilman Vince Ryan has already made his final decision.

He has publicly stated he will not petition for re-election and is not considering running for city controller as assumed, said Pat Strong, Ryan's campaign manager.

People have suggested Greanias as a possible candidate for mayor in 1993. Although Greanias admits it is "fun to be talked about" as a possible successor to Mayor Bob Lanier, he said he has not really thought about it.

According to Maryann Young, Greanias' press secretary, he has not decided if he will run or which office he will run for in the November 1993 elections.

He will not make a decision until mid-March, she added.

According to Page Cullison, assistant director of communications for Lanier, the mayor is not sure if he will need a successor.

The mayor has not made a decision, and it will be several months, possibly toward the end of the year at the earliest, before he will announce his decision, she said.

"If he runs, it's because he hasn't had a chance to do all he wanted and that has yet to be seen," Cullison said.

Greanias and Lanier recently locked horns when Greanias refused to sign the $25 million in bonds to be issued by the city to pay for settlements.

In favor of the bond issue, Lanier and the City Council filed suit against Greanias in the spring. The judge presiding over the suit ruled that the citizens of Houston had to approve the issuance.

The bond issue was approved by 53 percent in a special election which took place in August.





by Tom Anderson

Daily Cougar Staff

About 20 UH students and faculty are making an indelible impression on the students of Jack Yates Sr. High as part of the federally funded School, College, and University Partnership (SCUP) program.

The program, initiated in January, consists of tutoring, mentoring and role modeling to students who have not passed a portion of the state-mandated Texas Assessment of Academic Skills (TAAS) test, said Lia Ballard, SCUP program coordinator.

Students are tutored in math and English every afternoon from 2 p.m.-3:15 p.m. to help overcome difficulties on the TAAS test. As a provision of the grant, each tutor assists only five students.

"I want to help kids develop academically and socially," said Ronique Gordon, Sr. Psychology major and volunteer. "I get a feeling of satisfaction that I helped one kideven if it's a small impact."

One of the most important factors of this program is the closeness in age between high school and college students. "High school kids can relate to college students better than someone from the business world or even teachers," Ballard said.

The program is tailored toward students who have failed all or a portion of the TAAS test; however, students must volunteer to participate in the program.

"It's hard to get people to admit they meet the criteria because it's negative," said Ballard. "But once the students enroll in the program, it's not because they failed the test, it's because they can pass the test and that we are going to invest in them."

Once students are enrolled in the program, attendance is mandatory. "It's like coming to a class," Ballard said.

Also, Ballard says that communicating with the students' parents is very important. "They have to know what we are doing. Do we give homework? Parents need to know this so that they can tell if their kids are doing the work."

"We have received a lot of help from the community," Ballard said. Rainbow Bread and Ninfa's Mexican Restaurant donated food to the program last year, and America General Insurance allows their employees one hour per day to volunteer time in the program.

Currently, there are eight volunteers in the program, Ballard said. Tutoring is a paid position, but most of the participants volunteer their time. To volunteer, call Lia Ballard at 743-5022.




by David Sikes

News Reporter


UH is headed for the moon. That is if it can afford the ticket.

The university is currently designing a module for lunar living with the help of private industries and NASA, says Professor Larry Bell, director of the Sasakawa International Center for Space Architecture (SICSA).

However, trouble looms over the project as money for the project runs out, Bell says.

With the proposed budget cuts, Bell doesn't expect any more money from the university, so he is looking to NASA as a primary prospect for additional funding.

To jumpstart the project, NASA donated $120,000, UH kicked in another $25,000 and Grumman Corp. paid for the module itself, says Bell.

Keith Henderson, manager of the University Grant Program at NASA, says, "Basically, the goal of the UH project is to design the living space in the most efficient and cost effective way."

Bell will meet with Henderson and other NASA officials at 3 p.m. today to try to convince them that SICSA can do what is expected of them, Henderson says.

According to Henderson, UH will receive an additional grant if NASA thinks it's worth the money.

NASA will then decide if they can fit the project into their budget, and if so, how much it will cost, he says.

Two of the three graduate students working on the project will be at the meeting. The other, a foreign student, will not attend because of NASA's security regulations.

Seven graduate students volunteered to design and build the mock-up a year and a half ago. Currently involved in redesigning the module are: Christopher Bartz, Jean-Luc Rusin Gizandekwe and Jean Cook.

Bartz, who plans on staying with the project for three semesters, says the prospect of something he designed going to the moon is very exciting. All three of the students came from other schools to study at UH's Space Architecture program.

Recently, NASA and the Johnson Space Center produced a video promoting the project and UH's contribution. The 20 minute video featured Bell and the original seven students sharing their thoughts on the endeavor.

Darren Cohen, who heads the Johnson Space Center in Washington D.C., praised the benefits of the unique three-way partnership. "UH did some very outstanding work," Cohen said, "and brings together fresh minds allowing some innovative ideas."

Some of the particular problems facing the designers is to create a comfortable environment for both sexes in the limited space.

The inhabitants require a space for sleeping, working, recreation, cooking and bathing. Privacy and psychological well-being are important considerations in the design.

The full scale model can be found on the east side of the Architecture building. It's a large white cylinder with the acronym NASA printed on the side.

The module, which measures 22 feet long and 15 feet in diameter, is designed to house four to six people for six weeks. The project is part of NASA's First Lunar Outpost program (FLO). The module's interior design is slated for completion at the end of this school year.




by Hermina Frederick

News Reporter

Since 1975, the UH Child Care Center has been providing daycare for student's and faculty's children.

One of the first university owned and operated daycare centers in the nation, UHCC provides for approximately 202 children from ages three months to kindergarten.

The center's director, Marceline Devine, said the staff is comprised of qualified teachers and teacher assistants who enjoy working with kids.

Professional enrichment for the staff is maintained through an in-house training sessions, speaker conferences and regional seminars.

UHCC also serves as a training and observational facility for various academic departments, including the schools of Education, Optometry and Psychology.

UH research students spend approximately 700 hours observing the children at the center.

"If you turn those hours in(to) terms of courses, we are teaching a lot of courses," she said.

Devine emphasized that by no means does this imply the children are used as experimental guinea pigs.

"Our primary focus is service and not research," Devine said. For this reason, the center asks for parental consent before children are allowed to participate in any form of research .

Since parents are involved in the education process, Devine said they are aware of the experiments and give their approval willingly.

The University of Texas used the facility in its eight year environmental study on infant diarrhea, and children involved in the study were supplied with free disposable diapers.

Funding for the center comes from service fees and a portion of Student Services fees. Approximately $38,000 is allocated to defray operational costs. This facilitates low-cost service for 65 to 70 percent of the center's patrons.

UHCC has an almost flawless record marred only be a violation in March for non-compliance with a law requiring employers to have records of employees' Tuberculosis test on file , said Pat Smith, a case worker at the Day Care Licensing Division in the Department of Human Resources.

According to Devine, an employee became infected with the illness after she was hired, and the TB records had somehow been out of the file when the Department of Human Resources made its inspection.

However, center officials moved promptly to resolve the situation. Parents were informed and the children all tested negative for the infection.

Because the center does not have a history of serious compliance violations, Smith said, "We have them on a plan where they are monitored every six to nine months."




by Melinda McBride

Daily Cougar Staff

University of Houston Police arrested a former UH student and current faculty member on charges of misdemeanor theft Monday, said Lt. Helia DuRant.

According to DuRant, UHPD took Eric Shannon Johnson, 22, into custody when a routine background check revealed an outstanding warrant for theft.

"He was in the (UHPD) police office in association with another investigation," said DuRant.

DuRant would not comment on what, if any, affiliation Johnson had with that investigation. "All I'll say is he was not here because of the outstanding warrant," he said.

"Once we confirmed the outstanding warrant was legitimate," he added, "UHPD officer John Evans placed him under arrest."

Because Johnson's bond has not been set, the spokesperson at the records department of the Harris County jail would not comment on the details of the theft. However, she did say the property was valued between $20 and $200.

According to Victor Villarreal, a UH admissions office administrator, Johnson is "a student employee who works 20 hours a week in this office." He said Johnson is an admissions file clerk.

However, a spokesperson at the registrar's office said Johnson was not a student and has not been registered for classes since Spring 1990.

Johnson is being held at the Harris County Jail where he is scheduled to go to court today.




by Jenny Silverman

Daily Cougar Staff

For most people, the mere mention of topless dancing indicates a certain type of girl, one who is relegated to a realm of sleaze and seediness.

She is the stuff of Grade D movies, addicted to every drug imaginable, dancing to support her habit; coerced into dancing by disreputable men who prey upon her body like buzzards on carrion.

In reality, topless dancers are young women, who have one thing in common; not that they were abused by men as children or abandoned by their parents, but rather, they all believe in the old adage that "If you can't beat them, join them."

While many see topless dancing as propagating male chauvinism, the dancers themselves view it as merely capitalizing on their physical attributes.

Some people don't see the girls as sleazy dancers performing in dives. These girls are 'performers' and work in "gentlemen's clubs."

For the most part, the girls are students working to pay for school.

"Holly" is a student at Alvin County Community College. When asked why she chose to work part time as a performer, she gave the classic retort, "It beats flipping hamburgers for minimum wage. What other job available to a 19-year-old will pay as much as $200 per night?

"If I take a minimum wage job and work eight hours per day, I will have less time to study for less money.

"This way, I work maybe eight hours every three days for five times the money. I have more time to study and am able to have more of a life.

"I don't feel that I am being exploited by men, if anything, I exploit them for their money," she said.

"JoAnne," a 22-year-old computer science major at Houston Community College agrees wholeheartedly with Holly. "It's not as though I plan to do this for the rest of my life. I view this as a job that is good while I am getting my education. I am smart enough to know that it is not a real career."

A typical dressing room scene proves this is the prevailing attitude.

"How was your night?" "Pretty slow, I made just over $200."

"Last night was great for me, one of my regulars came in around eight, he's always good for about $300. My total for yesterday and last night came to about $650."

This was part of a conversation between two dancers, both blond and 21. It would seem highly unusual in any other job to consider $200 made in one night as bad; but then again, there are few jobs as lucrative as this one.

There are few jobs where Adam Smith's brand of capitalism is so blatantly practiced. In fact, one of the men who frequents gentleman's clubs, an attorney, said, "I would love to teach an Economics class and take my students to one of these clubs to show them what supply and demand really is."

As far as Houston's gentlemmen clubs go, the most well-known is Rick's Cabaret, the oldest of these establishments.

While Rick's is well known for producing centerfolds for adult-oriented magazines, it also helps produce students.

This might sound highly unlikely, but it's true. There are many girls like "Holly" and "JoAnne" at Rick's.

Interestingly enough, psychology seems to be a popular major for many dancers.

While the motivation to dance in a club may seem to the non-dancer to be deeply embedded in abnormal psychology, most girls will claim loyalty to Benjamin Franklin rather than Sigmund Freud.

As Holly stated, "I wish that I had known about topless dancing when I was 18 instead of 23. Instead, I wasted five years working a normal job. I plan to continue dancing until I finish school or my body falls apart, whichever comes first."

JoAnne, however, plans to stop dancing sometime next year. She will be twenty-three. "Three years is enough time in a topless bar for me. I am getting my real-estate license so I will begin working a 'normal' job."

Most of the girls view topless dancing as one of life's great learning experiences. Some dancers complain of 'burnout,' but all agree that the money is worth it. Many young girls seem to have the appearance and polish of older women. This polish is indicative of the topless dancer.

It appears that topless dancing is an excellent means to an end. While Immanuel Kant may have a problem with this, there are very few who could argue that dancing to get money for college is a crime. It is no wonder, however, there are not many dancers who are philosophy majors. As long as the dancer can objectify what she does, she can maintain her dignity and avoid cynicism.

It is imperative that the dancer keep her focus and remain goal-oriented. As long as she can envision her future, she can avoid becoming cynical and jaded. Future is the key word and dancing is about just that. It is about carving a future and every dancer is familiar with the phrase, "someday, I plan to be..." This phrase is the impetus for both dreams and table dances.




by Adam King

Daily Cougar Staff

The offensive line has but one job -- protect the quarterback.

In the first game against Tulsa, the Cougar line allowed three sacks and an almost sack when quarterback Donald Douglas was called for intentional grounding in his own end zone.

The result was a safety that gave the Golden Hurricanes a little more breathing room. The final score was only a three-point differential and a UH loss, 28-25.

But the offensive line need not shoulder all the blame as five turnovers certainly contributed to the upset.

"I think all together we just need to work on getting stronger and being more dominant up front so we can cut down on sacks and give the quarterback more time to run the play," said Kevin Bleier, UH's 6-2, 275 pound center.

The line did its job in the second half as UH came from behind to tie the game at 25 in the fourth quarter.

The line must maintain its poise in all four quarters if it hopes to send the Fighting Illini and their much improved defense back to the Big Ten with a loss this weekend.

"The first thing is we need to get good field position," Bleier said. "After that, we need to put the ball right down their throats and score fast and score a lot.

"The first few possessions of the game will dictate how the rest of the game will go."

Illinois' defense has given up a stingy 171.5 yards average in its first two games, but that was against Northern Illinois and Missouri, not two of the more-highly rated offenses in the nation. The Cougars compiled a whopping 452 yards against Tulsa.

"We feel we can match them size for size, right Darrell?" said UH Head Coach John Jenkins speaking to offensive right tackle Darrell Clapp.

"We match up pretty good," Clapp said. "Any time you go into a game, you don't take any (defensive) line lightly.

"When you prepare for a national championship team, you work real hard on technique and pass protection."

While Illinois is not considered national championship material this year, they are ranked 25th nationally in the AP poll.

UH traveled to Illinois last year and was clobbered 51-10, so revenge will definitely be an overriding factor.

"Anytime you lose to a team you want to beat them next time," Clapp said. "Sometimes you just want to look on them as another team; not so much for revenge, but 'let's get 'em this time.'"

Clapp said the offensive line will have a definite advantage over Illinois' defense.

"They've got a bunch of new players in there that don't know as much as the old players did," Clapp said. "As the game goes on, they'll get tougher...but I think we can handle it."

Another subject of concern for the line is the lack of a full-time quarterback. Presently, Donald Douglas and Jimmy Klingler are sharing that duty, and each has his own style of running the offense.

Clapp believes the decision will be made by the end of this game or the next, but Jenkins has said he is going to stick with his two-quarterback rotation for now. Whichever quarterback is on the field, protection is the key to extending a drive. Klingler has proven he can score, and Douglas certainly has the potential.




by Jason Luther

Daily Cougar Staff

Rudy Davalos' days as the UH athletic director could be numbered.

Davalos confirmed Tuesday that he has been contacted about the soon-to-be vacant University of New Mexico AD position and would consider that position should it be offered him.

"They called me and said I was recommended highly and asked me if I would mind coming to New Mexico and meeting with a chairman of the search committee," Davalos said.

While in New Mexico, Davalos said he was shown tapes of the Lobos' athletic program which were basically recruiting films.

"They did a good selling job," Davalos said.

Davalos said that although he has not been offered the job, he would consider an offer and added that the ball is in New Mexico's court.

"If something should happen and they don't call me, I have a good job (at UH)," Davalos said.

"Even if they do, I still have a good job here and it would only be a consideration."

The search for a new AD began after Lobos officials decided in June not to renew current Athletic Director Gary Ness' contract.

Ness' contract expires on December 31, 1992.

A New Mexico athletic-department spokesman said he does not expect a decision on a new Lobos AD to be made until November at the earliest.




by Shannon Najar

News Reporter

Funding problems have stalled the university's plans to change the Honors program to an Honors College.

Although the program will change its name to the Honors College, it will be in name only until more money can be located to complete the transition.

"The biggest setback for the implementation of the Honors College is the budgetary cutbacks," said Associate Director of the Honors Program, Bill Monroe.

"The current movement at the university has been toward downsizing, not growth; however, the creation of a Honors College will provide a perfect opportunity for fund raising from the private sector," said Dean of the College of Social Sciences, Harrell Rodgers.

Rodgers chaired the committee which researched the advantage of an Honors College.

"The name change to a college from a program will provide an elevated status; therefore, the priority level will increase for funding, both from the university and the private sector," said Rodgers.

As a college, it can solicit funding from various state and federal sources, and even major national foundations could be approached for contributions.

"The proposal calls for a residential Honors College, possibly based in the Quadrangle," said Rodgers. The program is currently located in the basement of the M.D. Anderson library.

The Honors College would have administrative space, faculty offices and dining facilities in Oberholtzer Hall with at least two of the current dormitories designated as Honors housing.

The residential college would include advisors living with students creating a living-learning environment. "This concept of a residency-based Honors College would increase the care for the campus and campus life," said Rodgers.

It will also provide a more centralized unit for the university by working closely with other colleges to ensure not only a better program, but also a better education for students. Enhancing the current curriculum offerings at the junior and senior level, instead of the current focus on the first two years, will require the other colleges to become more involved with the Honors College and each other.

Centralization of the Honors College will help the whole university recognize the importance of its mission.

"A community of students, faculty and alumni (are) dedicated to inquiry and the cultivation of excellence," said Monroe.

However, the implementation of the Honors College is more of a long-term plan.

"The proposal is basically just a prospectus for the future plans for this Honors College. Its approval will institute only a name change now with the substantial changes to come later," said Monroe.

The current priorities for the Honors College are providing academic scholarships and getting the most qualified teaching faculty, he said.

The Honors College dean position will probably be headed by the current dean of the honors program, Ted Estess.

Students who are members of the Honors program will automatically be members of the Honors College, and faculty will continue to be members of the disciplinary departments in the individual colleges.

The proposal for a Honors College is now awaiting approval by the Texas Coordinating Board of Higher Education, and its status is not known.




by Katherine Bui

Contributing Writer

UH may follow UH-Clear Lake's lead of banning all smoking within its facilities if the smoke-free policy is approved.

UH-CL implemented a policy on June 1, 1991, prohibiting smoking within its facilities, including the alcove outside the entrances.

The policy also banned "the sale of tobacco products" within the university.

Before the policy, smoking was allowed in the cafeteria, lounges, hallways, private offices and public facilities. However, state law mandated that there would be no smoking in laboratories, elevators, libraries and the auditorium areas.

After the implementation of the policy at Clear Lake, smoking was only permitted in the atria and walkways. Other areas which contained designated rooms included the private rooms of the Neumann Library and private, single-occupant offices with air filters.

Fred David Kierstead, a professor at UH-CL, said, "I think it's (the policy) great. It used to bother me when I walked in the halls."

Assistant Professor Marilyn Jones said, "I hate to see the smokers deprived of their rights, but the building smells better now."

Assistant Professor Steven Rakow said, "I think it (the policy) sets a positive model for health consciousness. I felt my health was at risk in certain areas before the policy was passed."

Professor Erwin Liebhafsky said, "I'm a smoker, and it doesn't bother me to go outside."

President of the Student Forum, Craig Leach, said he thinks students have mixed reactions to the no-smoking policy.

"I can see the benefits, but as a smoker, it's an inconvenience," he said.

The policy was first presented to the administration through UH-CL's Wellness Program, a combination of the Health and Counseling Services.

Ann Lamar, associate vice president for Administration and Finance, said, "I think it was a combination of complaints from students, faculty and others that prompted President Stauffer to consider a (smoke-free) policy."

An assistant of Stauffer and Lamar, a smoker at the time, drafted a policy in accordance with the University of Texas-Medical Branch's guidelines, the only smoke-free policy in effect.

The policy entered the Executive Council consisting of students, faculty and administrative representatives. The Student Forum and Faculty Senate voted on the policy. Students supported it and returned the verdict to the Executive Council, which made the final decision.

On January 7, 1991, President Thomas Stauffer approved the policy.

Sadegh Davari, an assistant professor and a smoker, said, "I voted for the policy because I didn't think it was fair for the non-smokers who must inhale secondary smoke. It would have been nice if there was a room with air filters for smokers. I feel kind of uncomfortable going outside.

"I think it's an inconvenience for us (smokers) to go outside. Some faculty members even complained about not being able to smoke in their offices," said Susan Felman, a member of the Student Government at the time.

Smith said, "Policies like this came from those who became aware of the harmful effects of secondary smoking. I respect the smokers' choice, but I respect my choice too."




by Meagan McGovern

Daily Cougar Staff

William Middlebrook, the sociology graduate student arrested last Thursday for aggravated sexual assault of a child under 14, will plead not guilty at his Oct. 6 trial, said his defense lawyer, Gary Pollard.

Middlebrook, 45, who was on parole for a similar crime when arrested, was accused of sexual assault by a 4-year-old girl, said Judy Hay, the community relations director for Children's Protective Services.

Hay said the 4-year-old complainant and her parents had moved into Middlebrook's apartment with him due to financial constraints. Once the charges of assault were filed, Hay said, CPS helped the child and her parents move to a shelter.

Hay said the child was not physically hurt, and that CPS made a video tape in which the complainant recounted the incident in question.

"We closed our case," Hay said. "The child is safe, so our job is done."

Middlebrook was convicted of sexual assault in 1986 and sentenced to 10 years in prison, said David Nunlee of the Texas prison system. Middlebrook was released under mandatory supervision in May of 1989. Nunlee said Middlebrook's arrest violated parole.

Pollard said Middlebrook's bond has been dropped to $25,000 from the original amount of $50,000.




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