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Life is full of coincidences: On March 23,
retiring legislator Scott Raecker wrote a column
for his newsletter raising questions about the
tuition set-aside at state universities, saying
the schools should disclose to tuition-payers
that more than 20 percent of their payment is
actually used to fund scholarships for other
students.
It then appeared in a blog he wrote for The
Des Moines Register on March 26.
Knowing a good issue when they see it, a half-dozen
or so other Republican legislators latched on
to it. Between March 29 and April 13, they,
too, wrote about it in blogs or newsletters.
That’s not unusual. What is unusual is that
some of the paragraphs were identical.
Raecker wrote:
“Each university sets the amount of tuition
set aside for scholarship of other students.
The percentage and amounts vary between each
school, undergraduate and graduate, and resident
and non-resident tuition. The following percentages
of resident tuition are set aside for each institution:
Iowa — 24 percent, ISU — 18.6 percent, UNI —
15.3 percent.”
State Senator Brad Zaun (author of “Charging
higher tuition to offer scholarships to other
students is unjust”), Representative Erik Helland
(author of “Bill seeks accountability on tuition”),
Representative Dave Deyoe (author of “Tuition
set-asides”), Representative Dwayne Alons (author
of “Tuition used for scholarships needs to be
disclosed”) and Representative Renee Schulte
(author of the equally catchy “Tuition used
for Scholarships Needs to be Disclosed”) wrote
virtually the same paragraph. Some were identical;
some changed a word or two. Other paragraphs
also were similar.
A friend of Skinny pointed this out, and — clearly
a man with time on his hands — he then Googled
the phrase “the following percentages of resident
tuition are set aside for each institution”
and found it attributed to Representatives Tom
Sands and Chuck Soderberg as well as Raecker
and the other five who seem to have turned his
phrases into their own.
The friend noted there’s an academic word for
this. It’s called plagiarism. He looked up the
“academic dishonesty” policy in the schools’
handbooks.
The Code of Academic Honesty at Iowa’s College
of Liberal Arts and Sciences defines “plagiarism”
as “claiming the words, sentences, arguments,
rhetorical structures, or ideas of another as
your own; ‘borrowing’ or copying a friend’s
lab report, homework, research data, or essay
and presenting it as your own; failing to properly
use quotation marks or to cite sources correctly”
and “submitting any materials as your own that
were created or written by someone else.”
Iowa State and UNI have similar definitions.
Iowa State notes that “Such behavior is abhorrent
to the university, and students found responsible
for academic dishonesty face expulsion, suspension,
conduct probation, or reprimand.”
Or, if you’re a legislator, re-election.
Of course, if Raecker willingly passed his work
to others, he, too, would be on the carpet,
were he a student at a Regents school. The ISU
code states the honesty policy is violated if
a student “knowingly assists another student
in such acts or plagiarism” and faults an author
who lets others copy his or her work as well
as the person doing the copying.
But Raecker, who runs the Iowa operation of
Character Counts, a character-building program
for schools and agencies and communities, says
he was surprised at the coincidences and did
not offer up his work to his colleagues, though
the House Republican newsletter did pick up
some of the points. “I write my own stuff,”
he says.
Irrespective of the similarity of his writing
to that of his colleagues, Zaun deserves credit
for one original thought. His April 13 article
observed, “Iowans deserve better from their
state government. As a parent of a son who attends
the University of Northern Iowa, I am outraged.”
And exposed. ...
Here’s one addendum to the whole issue of tuition
set-asides. When an athletic department at a
Regents school gives a scholarship, it pays
the university not the full tuition but rather
the full tuition less the set-aside. This somewhat
reduces the scholarship money available to others,
but the main impact is it lowers the expenses
of the athletic departments — and thus makes
it easier for them to say they break even on
their finances. ...
Life is full of ironies:
On Friday, Bill Brown of the Brown Winick law
firm attacked an earlier piece by Chief Justice
Mark Cady discussing his view of constitutional
interpretation, basically that times change
and neither the Constitution nor equality is
“frozen in time.” Brown attacked the unanimous
gay-marriage decision by the court and said
the court in effect amended the constitution
by judicial fiat. He said the court disenfranchises
the people and the legislators by mandating
its own belief system.
Oddly — and this really is a coincidence — that
same morning the court ruled in a long-awaited
case and came down basically on the view of
Brown, saying it wouldn’t mandate state-wide
education standards, that due process for students
and equal protection of students aren’t being
denied simply because some districts have better
outcomes than others. The suit alleges “disparate
impact, not disparate treatment,” says the majority
opinion, written by Justice Ed Mansfield. Justice
Cady was in the majority in the ruling, which
prompted opinions by five of the seven justices.
“This court in its past decisions...has historically
deferred to the policy decisions made by the
political branches of government in this area,”
the opinion stated. And Justice Cady, in his
concurrence, said, “The petition, if true, may
be a call to action, but it is a call under
our constitutional structure for the legislature,
not the courts.” (This time a dodge, not a fiat,
one wag told Skinny.)
Some things to note: One, the lawyer arguing
in effect for a judicial fiat was Doug Gross,
Bill Brown’s partner and, in fact, the most
influential partner of Brown Winick. (“This
is too good. Doug Gross seeks to disenfranchise
voters,” emails a pretty-well-known Democrat.)
Two, Gross is a longtime close adviser to Gov.
Terry Branstad, and it was Branstad’s new appointees
to the court — Mansfield and Justices Thomas
Waterman and Bruce Zager — who joined with Cady
to form the majority against Gross. And three,
this is an old case whose principle was cherished
by the late Marvin Pomerantz, a major supporter
and adviser and bruising arm-twister of Branstad’s.
...
Reuters had a story the other day noting that
four United States Supreme Court justices will
be 74 or older at the start of the next presidential
term, and it speculated on names of possible
appointees should Mitt Romney be elected. On
the short list: Steve Colloton, 49, of Des Moines,
a graduate of Princeton and Yale Law School,
a onetime clerk to Chief Justice William Rehnquist,
onetime U.S. Attorney for the Southern District
in Iowa, and, since 2003, a judge on the 8th
Circuit Court of Appeals. CV |