University may avoid contempt hearing
January 25, 1996
By Signe K. Skinion
A contempt hearing against SIUC for allegedly not complying with a state preliminary injunction over a change in dorm housing policy may not transpire Friday because of the recent addition of a new SIUC attorney and discussions for a compromise on the hearing’s motion, parties involved say.
Stanley R. Lieber, landlord of Stevenson Arms, 600 W. Mill St., an off-campus residence hall, has filed a motion of contempt against SIUC for not following a preliminary injunction issued in December.
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Last week, SIUC officials brought in a new attorney for the state lawsuit dealing with the preliminary injunction.
Kent Plotner, attorney at Heyll, Royster, Voelker, and Allen in Edwardsville, said he was brought in by SIUC to help with the litigation.
I was retained last week to assist the University on the claim for injunctive relief, Plotner said. I have had discussions with Mr. Thomas Peters (Lieber’s attorney) to see if we can resolve some of the issues.
A preliminary injunction was issued by Jackson County Court on Dec. 14 in order to keep the University from telling freshman about the policy allowing these students to live only in on-camps dorms before the courts could decide if the change was legal.
Peters said he and Plotner have discussed the possibility of reaching an agreement and ending the contempt hearing scheduled for Friday morning.
I have been talking with Mr. Plotner since last week when he was added to the SIU counsel, Peters said. We have discussed possible agreements that stay in compliance with the original preliminary injunction, so the University mailings to prospective students will include information on Stevenson Arms.
Peters said if an agreement is reached that meets with the preliminary injunction and with his client’s consent, the hearing scheduled for Friday could be discontinued.
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Lieber said the motion for contempt was issued because University officials did not follow the preliminary injunction that states everything was to return to how it was before the policy change by sending brochures of the University-approved facilities along with the University-owned facilities.
Friday’s hearing is because University Housing has not complied with this injunction, and sent 3,500 students brochures with the incorrect policy, Lieber said. The University has made no attempts to rectify this situation and are therefore in contempt of the injunction.
A decline in University enrollment has been identified as one of the main reasons a new SIUC freshmen housing policy was to be implemented in the 1996-97 school year, University officials said. Under the policy change, now challenged in state and federal court, single freshmen under 21 living away from home would not be able to choose between living in University-owned facilities and off-campus, University-approved facilities.
In April 1995, Director of University Housing Ed Jones wrote a letter to Lieber stating the change in freshmen housing policy was because college and university enrollments have been declining for a number of years.
According to Illinois Board of Higher Education statistics, enrollment in Illinois public four-year universities has been declining for the past three years.
Illinois State University had a total enrollment of 20,610 students in 1993 and 19,600 in 1995. The University of Illinois at Urbana-Champaign had a 1993 enrollment of 38,912 and 38,585 enrolled in 1995.
Roland Keim, director of Admissions and Records, said there is decrease in enrollment at SIUC.
In the fall of 1993, SIUC had an on campus enrollment of 21,241 and a total enrollment of 23,881, Keim said. This year, in the fall there were 20,018 student enrolled officially at Carbondale and a total enrollment of 22,418.
Lieber said that even if enrollment figures are declining, he does not understand how 250 students living in Stevenson Arms can change this problem.
The students who live in Stevenson Arms only make up one percent of the campus, Lieber said. How can one percent make a difference when it comes to Housing? And how can Housing justify changing freshmen housing policy when there is a demand of over-21 students wanting to live in the residence halls?
Lieber said he thought University Housing should focus on the students.
I thought University Housing was to serve the students of this campus and the State of Illinois, not to cover their mismanagement or dereliction of duty that makes the students pay, Lieber said. This entire situation was so poorly managed that their enrollment process and procurement is now a detriment to the students.
University Housing officials were unavailable for comment Wednesday.
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