Entire issue March 17, 2011

ON THE

The students’ voice since 1901 • Vol. 110 No. 22 • Thursday, March 17, 2011 • Emporia State University

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esubulletin.com

ASG elections offer a chance for change H uibing L u lu@esubulletin.com

For all ESU students, the time to make changes on campus has come. Students interested in taking an active role in student government can run for senator, president and vice president of Associated Student Government (ASG), or vote for the candidate who best represents their

interests.

“The senators and the executive board are the face of student body and the voice of student body,” said Shannon Evans, ASG election commissioner.

As of yesterday, 18 students have signed up to run in this election. Among them, seven students are running for senator positions: Manny Requenes, Thomas Obarto, Lorenzo Marquez,

Heather McCoy, Elvia Urbina, Stuart Sneath and Vince Hamilton.

However, only one person has declared candidacy for ASG president – Laura Bosiljevac and Michael Stauffer are running for president and vice president, respectively. “(Participating in the election) is a great way to learn about the university, to meet some exceptional people…get

exposed to knowing leadership development, and get exposed to environment that you are kind of forced to be flexible, forced to hear a whole bunch of different points of view and different sides,” said Jonathan Rivers, senior secondary social sciences education major and current ASG president.

Evans said the biggest challenge to

A Thousand Paper Cranes

See ASG...Page 9

EVANS

EMPORIA RAISES FUNDS FOR RELIEF EFFORTS IN JAPAN K enzie T empleton news@esubulletin.com

Japanese student Aya Ebihara, freshman communication major, works on paper cranes inside the CSI office Wednesday afternoon in Memorial Union. Kellen Jenkins/The Bulletin.

After an 8.9 magnitude earthquake struck the island nation of Japan last Friday, the Emporia community responded with a series of fundraising and aid initiatives. One project, Let Hope Blossom, was inspired by the traditional Japanese legend of a thousand paper cranes.

“Cranes in Japan are given as a sign of wishing good luck, or like if you’re getting married people give you cranes for longevity, hope and other things,” said Jasmine Green, sophomore political science major and creator and coordinator for GIVE, the organization in charge of the project. “There’s also the legend that if you make a thousand paper cranes, you get a wish – that’s making a wish for Japan.”

Green said that for every dollar donated, Let Hope Blossom will hang a paper origami crane in the Main Street of the Memorial Union through April 8. The paper has been donated

by Pottery with Pizzazz and the Office of International Education, but Green said GIVE is happy to receive any additional donations.

The money collected will be donated to the Red Cross, which will then be used for relief efforts in Japan. Green said the pillars in the Union are decorated as Japanese cherry blossom trees to tie into the Japanese culture.

On Tuesday night, the JA Sakura Choir sang at the First United Methodist Church, 823 Merchant St. Harry Imbeau, director of international education, said the choir raised over $830.

“The sky is the limit at this point,” Green said.

Today through April 1, JA Sakura will visibly fold cranes in the Union from 11 a.m. to 3 p.m. each day, Imbeau said. While some students will travel and otherwise relax during Spring Break, these Japanese students will stay on campus and continue to raise money for relief efforts.

Aya Ebihara, freshman communication major from Japan, said that she will continue to fold the cranes because “if we can raise money, we can help.”

See JAPAN...Page 3

Safe Spring Break teaches prevention methods S mantha J ones jones@esubulletin.com When students entered the Memorial Union ballroom on Monday, they were greeted with pictures of sexually transmitted infections, a giant penis cutout, empathy pregnancy bellies and condoms at the Safe Spring Break carnival.

“It’s an event that we’ve done for six years that is geared towards reminding college students how to have a fun and safe spring break,” said Mary McDaniel, assistant director of student health services.

The event was sponsored by the ESU Newman Division of Nursing, Student Life, the Memorial Union, UAC, GAMMA, the Department of Student Wellness and Residential Life.

“It’s geared around five main preven-

See SAFE...Page 9

ESU students visit a booth with information about predatory drugs and how to avoid them during “Safe Spring Break,” Monday night in the Memorial Union Ballroom. Alissa Miller/The Bulletin.

ASG President Jonathan Rivers explains that he believes most ESU students prefer a fall break to a week long Thanksgiving Break during the Faculty Senate meeting Tuesday in Visser Hall.

Chris Franklin/The Bulletin

Faculty Senate votes to keep ESU’s fall break S mantha J ones jones@esubulletin.com After weeks of debate over possible changes to the academic calendar, Faculty Senate has decided to preserve fall break instead of replacing it with a longer, five-day Thanksgiving Break.

Faculty Senate had decided to postpone voting on the bill, FSB 10005, in order to gather student opinion on the possible changes.

Jonathan Rivers, senior social science secondary education major and ASG president, said that he found that most of the students he spoke with preferred the current layout of breaks in the fall semester. Many ASG senators also said that their constituents leaned more towards having two separate breaks.

“After midterms and midterm papers, it gives the students an opportunity to regroup, catch up and recharge,” said James Waegelein, accounting professor and member of Faculty Senate.

However, there was talk of reasons students might prefer having a long Thanksgiving break.

Rivers said it allows for those who travel over breaks to spend additional time with their families.

Prior to voting on the bill, the senate voted to amend the bill to preserve fall break. After this amendment passed, the senate passed the rest of the bill, which will potentially change the first day of classes from a Wednesday to a different day of the week. It will also cut out two or three days to fit within the guidelines the Kansas Board of Regents has set for the number of class days regent schools are required to have.

Faculty Senate Bill 10007, introduced by Dwight Moore, associate professor of biology and chair of academic affairs, would replace the current academic dishonesty bill in its entirety.

The bill was read for a second time at the meeting on Tueday.

According to the bill, its purpose is “to 1) establish that academic dishonesty may be grounds to deny admission to a major or program, 2) allow the registrar to prevent a student from withdrawing or dropping a class to avoid a penalty of academic dishonesty and 3) insure that department chairs and program directors can be informed of students within their programs who have committed acts of academic dishonesty.”

See SENATE...Page 2

Page 2

Police Reports

Reports given to The Bulletin from ESU Police and Safety Department March 9 Officer completed deposits for Parking Dept. and Business Office.

Officer completed deposit for the Foundation.

Officer provided lock out assistance for KS 245CAV in Lot 11.

Officer provided lock out assistance for KS 477CGC at 1829 Merchant Officer admitted Subha Chatterjee into South Morse Hall Room 211 Officer admitted Luke Ball into King HallBruder Theatre.

Officer checked Trusler Sports Coomplex. Secured north gates.

Officer admitted Levi Howe into King Hall Rooms 18 and 20.

March 10 Officer provided lock out assistance for KS 920AOR in Lot 7.

Officer provided jump start assistance for KS WCO397 in Sector 3.

Officer contacted skateboarders south of Butcher Education Center and advised of campus policy.

Officer checked Trusler Sports Complex. Secured the concession stand.

Lorenzo Marquez reported theft of a cell phone from Memorial Student Union.

Officer checked the west campus.

Officer secured exterior door of HPER building.

March 11 Officer escorted a female student from Cremer Hall Room 202 to Student Health Center.

Officers responded to a report of smoke odor on ground floor of Science Hall. Smoke was from a grill outside the building.

Officer assisted Emporia Police Dept. with an injury accident at 12th and Merchant.

Officer stopped MO DC6A6D at 1200 Market.

Verbal warning for speeding in 10 E 12th.

Officer pulled up on a possible altercation between a group of subjects at ESU Apt. building B. Subjects were intoxicated and yelling at one another as they separated.

March 12 Morse Hall Complex zone 18 Fire 3rd Floor South Morse Hall smoke detector. Human error.

Officer checked Visser Hall for a burning odor.

No problem was found.

Officer secured King Hall.

Officers removed a bat from Abigail Morse Hall 4thfloor hallway.

Officer assisted Emporia Police Dept. with a car stop in 500 E 12th.

Officer bonded a prisoner from Lyon Co. jail.

Johnson March 13 WAW Library zone 103 Fire Trouble Mechanical Room 123.

Memorial Student Union zone 190 Fire. Human error.

Officer checked the Earl Center.

Officer checked Trusler Sports Complex.

March 14 Officer cleared traffic in Lot 3.

Officer retrieved found property from Plumb Hall.

Officer opened Visser Hall Room 330 for Social Sciences Dept.

Officer provided escort for male student from Sector 1 to ESU Apt.-1201 Triplett Dr. Officer checked Trusler Sports Complex. The indoor practice facility was occupied.

March 15 Officer stopped KS 010CHT in 1100 Cottonwood. Citations for both driver and passenger for not wearing seatbelts in 1200 Mechanic.

Officer stopped KS 792CBO in 100 W 12th.

Verbal warning for loud music and citation for no proof of insurance.

Officer stopped KS XBR565 in 1200 Union.

Citation for not wearing seatbelt in 1200 Mechanic.

Officer stopped KS 313DBH in 1200 Market.

Citation for not wearing seatbelt in 1200 Mechanic.

Officer stopped KS XOD008 in 1200 Union.

Citation for not wearing seatbelt in 1200 Mechanic.

Officer stopped KS XQL234 in 1100 Exchange.

Citation for not wearing seatbelt in 1200 Mechanic Officer stopped KS 388AAW in 1100 Exchange. Citation for not wearing seatbelt in 1200 Mechanic.

Officer stopped KS XIF001 in 1200 Exchange.

Citations for both driver and passenger for not wearing seatbelts in 1200 Mechanic.

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news

The Bulletin | March 17, 2011

The true face of Anne Boleyn L uke B ohannon

bohannon@esubulletin.com Susan Bordo, the Otil Singletary Chair at the University of Kentucky, presented her lecture “What Did Anne Boleyn Really Look Like? Lessons from History on Representation, Beauty, and the Body” last Thursday night in the W.S. and E.C. Jones Conference Center located in Visser Hall.

Bordo gave her lecture to a room packed with students, faculty and other interested community members.

Bordo, who has written several books, specializes in contemporary culture and its relation to the body.

Before starting, Bordo asked the audience what they knew about Anne Boleyn. She then moved on to the main body of her lecture, which was introduced by a clip featuring Natalie Dormer as Anne Boleyn from “The Tudors,” a show that airs on Showtime which depicts the reign of King Henry VIII of England and his many wives.

From there, Bordo discussed the many myths and tales surrounding the appearance of Anne Boleyn, discounting many of the claims of her being of extreme beauty or ugliness.

She ended her lecture with a question and answer session with the audience.

“It happened quite accidentally…

I started to read about (Anne Boleyn) and I just got hooked on both her personality and I got hooked on just how much distortion and mythology have gotten built up over the years,” Bordo said when asked about her inspiration for undertaking the task of uncovering what Anne Boleyn truly looked like.

Bordo has talked to two actresses

Susan Bordo speaks during, “What Did Anne Boleyn Really Look Like? Lesons from History on Representation, Beauty and the Body,” Monday night in Visser Hall.

Alissa Miller/The Bulletin.

who’ve played Anne Boleyn on the screen: Natalie Dormer from “The Tudors” and Geneviève Bujold, who portrayed Anne in “Anne of 1000 Days.” She also said that while she hasn’t been in contact with Dorothy Tutin, who played Anne Boleyn in the 1970 mini-series “The Six Wives of Henry VIII,” she might be soon.

“I just think it’s pretty cool, plus the extra credit,” said Jessica Barrett, junior English major.

Several teachers offered extra credit to students for going to the lecture, but most of the students interviewed also seemed interested in the subject matter itself.

According to Karen Smith, director of ethnic and gender studies, Bordo’s next stop

SENATE... from page 1 The bill passed, 23 to one.

Additionally, the intellectual property policy bill was introduced at the previous meeting and was on its second reading on Tuesday. This bill, introduced by Sheryl Lidzy, assistant professor of communications and chair of faculty affairs, regards software that can be copyrighted and recognized university publications, in addition to other intellectual property produced at ESU or by ESU faculty and students.

on her tour is the “Bodies, Pleasures, and Spaces” conference in Lawrence, which is sponsored by the Humanities Department at Kansas University. This tour, according to Bordo, includes a total of five schools in the Kansas-Missouri area.

Near the end of the lecture, Bordo showed the audience her favorite portrait of Anne Boleyn. It depicts Anne as she may have looked as a young girl living in Hever Castle and is Bordo’s favorite painting of her.

“The Hever portrait reminds us that although we may not know exactly what she looked like, the archetypal temptress was once a real, live child. And therefore, beautiful,” Bordo said.

The bill states that it applies to “all full or part-time employees, including student employees, creating intellectual property while under contract with Emporia State University.”

An amendment was proposed to change the vague wording of the bill and it was neither passed nor declined on Tuesday.

The intellectual privacy policy will be voted on at the next meeting which will take place at 3:30 p.m. on April 5 in Visser Hall Room 330.

Corrections If you have an error to report, please email editor@esubulletin.com.

The Bulletin regrets all errors.

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Rock Springs 4-H Center, a nationally recognized Camp and Conference Center, is seeking 45-50 Summer Staff employees for the coming summer. Must be energetic, enjoy working with youth and spending time outdoors. Most positions are for recreation instructors in areas including teambuilding, horses, environmental education, rifles, trap, archery, canoes, crafts, disc golf, and lifeguards. Positions are also available in foodservice, maintenance and custodial departments.

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For an application please visit our website at www.rocksprings.net or for more information you can contact Megan Page at mpage@rocksprings.net or 785-257-3221.

A representative from Rock Springs will be in the Union on February 28th – March 2nd, 2011.

news

The Bulletin | March 17, 2011 JAPAN... from page 1 She also said that she has been able to contact her family and that they are safe.

Although the information is available, some students are still unaware of the gravity of the situation.

“I personally am not very aware,” said Becky Nutter, sophomore marketing major.

“I feel like I haven’t taken the time to look because it’s definitely being put out there… you have to be willing to seek it out.”

Some say the devastation is the worst disaster to happen to Japan since the nuclear bombing of Nagasaki and Hiroshima during World War II. As a result of the earthquake’s magnitude, Japan was also struck with a massive tsunami.

Shortly after, there was a meltdown at the nuclear reactor in Fukushima.

There are 44 Japanese students at ESU. Takako Iyadomi, senior music vocal performance major, Kiwamu Otsuka, senior physics major, and Aki Notomi, sophomore athletic training major, are all from the same prefecture near Tokyo. Otsuka said Fukushima is about 200 miles away from Tokyo.

“Even Japanese people don’t get enough information about the reactor, so everyone is a little confused,” Iyadomi said. “Some people say it’s okay, it’s not a big deal, but some people say it’s really a disaster, it’s really confusing.

Some people think like the government and electricity companies hide the real information, (but) actually no one knows the truth.”

Notomi said there is “too much” information – that is what causes the confusion.

In light of the situation, all three students said they were happy to have been able to

contact their families via the Internet, since mobile phones and landlines are not reliable.

Iyadomi said she was able to email her father and sister and that her family is okay, despite problems in transportation.

“They can’t go to work or they can’t come back from work to home, but basically they are healthy and have enough food,” Iyadomi said.

Otsuka said Skype and Twitter are some of the main lines of communication he uses to talk to his family in Japan.

“My family is fine (but) they are having some issues getting groceries,” Otsuka said.

“I heard it’s hard to find gas and they’re having scheduled blackouts to save electricity.”

Ebihara said her family is having trouble finding groceries as well.

Last night, a group of students who recently attended the Kansas Hunger Dialogue Conference, organized an event where volunteers could help assemble food packages.

Caroline Ewing, senior secondary English education major, said the event was sponsored by Numana, Inc., a nonprofit national hunger relief organization. They sponsored a packaging event at the conference like the one that took place last night in the Memorial Union.

Ewing said that Numana donated 20,000 meals consisting of rice, barley and beans initially, but since Rob Catlett, professor of economics estimated that about 500-700 volunteers were at the event, he estimated that about 30,000 meals in total were packaged.

Ewing said students from the art department made postcards to send along with the food.

There is also a quilting project where people can donate quilt squares.

“The logistics are huge, but

Page 3

Above: GIVE coordinator Jasmine Greene hangs paper cranes made by ESU students Wednesday afternoon on the Memorial Union Main Street.

Kellen Jenkins/The Bulletin.

Left: Paper cranes made by students as part of a fundraising effort for relief operations in Japan hang Wednesday afternoon in the Memorial Union.

Kellen Jenkins/The Bulletin.

just the fact that the ESU community is able to pull together in a time that we need to is really important,” Ewing said. “As Americans we need to come together and put our differences aside to help another country if we can – and we can.”

Iyadomi said that she would like to visit her family in Japan

after she graduates, unless the country is still having food and electricity related issues.

Fortunately, Otsuka said his professors and friends have given him support.

“A lot of people are caring about us… I think this instance has brought us (Americans and Japanese) together,” Otsuka said.

Community members who would like to donate but cannot get to campus may write checks to Emporia State University and mail them to Center for Student Involvement, Campus Box 4065, ESU, 1200 Commercial St., Emporia, KS 66801. Please write “Let Hope Blossom” or “Japanese relief fund” in the memo line.

Abstracts being accepted for Research & Creativity Day

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Deadline is April 8 April 8 is the deadline for entries for oral presentations and poster exhibits for Research & Creativity Day, scheduled for April 21. This year the annual Research & Creativity Forum is being combined with the undergraduate Research & Creativity Day, to include undergraduates, graduate students, and faculty. Undergraduate and graduate students may submit abstracts for an oral presentation or a poster, or both. Faculty are invited to submit entries for a poster or other exhibit for the poster session.

Oral presentations are approximately 15 minutes in length and will be scheduled for the morning of April 21. The poster session will be held in the afternoon at the Sauder Alumni Center, beginning at 1:30 p.m. Lunch will be provided for all participants.

Awards will be given for student posters, faculty posters, and collaborative posters. An award ceremony will follow the poster session. All student participants will receive a t-shirt.

This event is being sponsored by the University Honors Program, the Research and Grants Center, and the Undergraduate Research and Creativity Committee. All abstracts, including those for posters, should be submitted at the following web site: http://emporia. edu/honors/rcd.htm. We are excited by the opportunity to combine these two events into one Research and Creativity Day. This is an opportunity for the campus to celebrate the excellent research, creative and scholarly activities being conducted by our students and faculty. Please encourage your students and colleagues to participate, and don’t forget to mark your calendars for April 21.

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opinion

Page 4

The Bulletin | March 17, 2011

STAFF EDITORIAL

Sunshine Week: Embrace the Light Next week, the weather will be even better since March 13-19 is Sunshine Week, a celebration of open government and freedom of information protected by “sunshine laws.”

An open government that attempts to hide nothing from the general public is the government that serves the people best. Sunshine Week is an acknowledgment of this fact and a reminder of its importance.

Sunshine Week was started by journalists in 2002, but is not simply about protecting the rights of journalists to obtain governmental information in order to write a story – it is about protecting the rights of everyone so that we can form stronger communities founded in honesty and willingness to allow citizens to be active participants in our political system.

This honest and open communication between the government and the people is very important from a journalistic standpoint. It allows newspapers to inform and provide commentary on issues that affect the everyday lives of citizens. Because of these open records and open meetings laws, journalists can bring to the reader’s attention what the elected government is doing with taxpayer money.

All states have their own versions of sunshine laws.

However, in Kansas they include the Kansas Open Records Act and the Kansas Open Meetings Act. Together, these two acts help journalists shed light on governmental issues to inform the population about

what goes on in our government, especially in relation to tax dollars.

Generally, KOMA applies to legislative bodies that receive or distribute public funds. The act states that all meeting times, places and dates must be announced beforehand. KORA applies to almost all records that aren’t classified as personnel records, student records, records subject to attorney-client privilege or health records.

National open records laws are similar to those in Kansas. The Freedom of Information Act is a national law that is in place to ensure transparency in government that is a parent to KORA and KOMA. Though Sunshine Week only spans seven days, it should be celebrated every day of the year. It is too easy for individuals to simply accept government exclusivity and secrecy as a part of life. This should not be so. Sunshine laws allow Kansans the freedom and ability to ensure that government officials are doing everything they can in order to help the state. KORA and KOMA allow individual citizens to inform themselves via news sources or their own research about the records that our government produces and the meetings it holds.

Knowledge is power. Sunshine laws give us this knowledge. We urge you to know your rights and to understand these sunshine laws. This week, celebrate the light that KORA and KOMA shed on our government or be prepared for darkness.

Support Japanese Students This past week, while most of us were gearing up for midterms and dreaming about Spring Break, much of the world’s attention was fixed on Japan and the aftermath of one of the largest earthquakes ever recorded.

The 8.9 magnitude earthquake was accompanied by a tsunami that caused considerable damage to the country’s coast and caused what could become a nuclear meltdown at a nuclear reactor in Fukushima.

With all of this happening in such a short amount of time, it may be hard for students to keep up to date on the events that are taking place. Nonetheless, this is no excuse for ESU students to not realize how big of a tragedy this is. Over 4,000 people have died during this disaster, over 8,000 are still missing and there is no telling how much monetary damage this event will end up causing.

There are 44 Japanese students at ESU. That is an awfully large number of students who are being directly affected by this disaster. Several organizations on campus have put together a programs to try to help including a fundraising concert by the Sakura choir, the “Let Hope Blossom” program sponsored by Getting Involved in Volunteering in Emporia (GIVE) which involves the folding of origami cranes and donations to the Red Cross and a food drive involving the donation of 20,000 meals sponsored by Numana, Inc., a non-profit hunger relief organization.

But, I don’t think that there is enough being done for the students at ESU who are being affected by this disaster.

Even if you don’t have time to attend one of these fundraising activities, take the time to talk to Japanese students attending ESU. If nothing else, ask them how they are doing or if their families are alright. Anything to let them know

Letters to the Editor Letters to the editor should be no more than 350 words and can address any issues, concerns, ideas or event you choose. Letters may be edited for content and length. Email letters to editor@esubulletin.com. Include your name and student email so we can verify authorship.

Online Commenting E ric H emphill , opinion@esubulletin.com that students at ESU care about what their country is going through and their fellow countrymen are going through.

We are a society built on compassion. From my experience, Midwesterners embody this feeling perfectly. These students are part of our community and therefore deserve any and all of the support we can give them.

What has happened in Japan is terrible, there is no doubt about it. It is a difficult situation that we should all be aware of and continue to learn about as Japan attempts to move forward in the coming weeks. But, what can be done now on a daily basis is for us to show our support for Japanese students at ESU. Be it a fundraiser, a donation or a simple smile, these students deserve our support and it is our duty as fellow students, as compassionate individuals and as compatriots on this rock we call Earth to give them this support.

Because they would do it for us.

Guns don’t kill people, people with guns kill people Imagine you are sitting in Brighton Lecture Hall in your Intimate Relationships class listening to the class discussion. The discussion has turned into more of a group-based argument and people are yelling at each other, so you have zoned out to avoid it.

Suddenly the fight escalates into enraged shouting and before you can even look up, you hear a gunshot. Then screams and more gunshots.

“He’s got a gun, shoot the bastard!” “Get ‘em! Shoot to kill!”

You duck underneath a desk and see bullets flying from all directions, wood splintering and blood spattering around you. You have no idea who is shooting where, so you put your head between your legs and pray.

Then, just as suddenly as it began, it’s over. The blasts have ended and the screaming slowly subsides. You realize that the people with guns have run out of the classroom. The firefight has spread.

Later, you learn that the gunman had a history of violence and that eight other students armed with guns chased after and killed the lone student gunman. Including the class you were in and the following path of devastation, 32 students were killed and 58 injured.

Although such a situation may seem ridiculous at such a peaceful school like Emporia State, I imagine the students at Virginia Tech were under the same impression.

The truth is that school shootings can and do happen, but if we welcome guns onto campuses, students will inevitably bring guns and whether their intentions be noble or not, this influx of firearms will cause school shootings to become more violent.

It may seem like a moot point to bring this up at ESU, but it wasn’t that long ago that I remember a Conceal and Carry RSO nearly starting up here.

More recently, seven states, including our neighbors Oklahoma and Nebraska, are considering legislation that would allow for looser gun control laws on campuses and it’s not terribly unlikely to consider it happening here in Kansas.

Cartoon by Ellen Weiss

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The Bulletin Phone: 620-341-5201 Fax: 620-341-5865 Email: editor@esubulletin.com or advertising@esubulletin.com Published weekly on Thursdays by the staff of The Bulletin. Offices are located on the third floor of the Memorial Union on the campus of Emporia State University, Emporia, Kan.

A lex P edersen , pedersen@esubulletin.com The only answer to gun legislation is to lessen the number of guns around, not to increase them. This is certainly true for a campus and the same could be said on a national level.

According to the Center for Disease Control and Prevention, America has the highest rate of gun-related deaths among the world’s 36 richest nations and, according to a Small Arms Survey from 2007, the U.S. had the highest rate of private gun ownership with 90 firearms per 100 people.

The main argument against gun control on campus is that if the students can be armed, they could protect other students, but I say that they will simply cause more damage. I highly doubt those students would be expert marksmen, bullets tend to go astray.

It is a ridiculous notion to think that increasing the number of students carrying guns would lower the amount of violence on campus, just as it is ridiculous to think that the number of torches in a wooden house would lessen the chance for fire.

Simple logic tells us that more guns means more gun-related deaths, and I think we should keep that number at zero.

Seen&Heard

“Don’t walk behind me; I may not lead. Don’t walk in front of me; I may not follow. Just walk beside me and be my friend.”

– Albert Camus

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EDITORIAL STAFF

Kelsey Ryan Editor-in-Chief Kenzie Templeton Managing Editor Kellen Jenkins Convergence Editor Eric Hemphill Opinion Editor Brandon Schneeberger Sports Editor Kimber Mitchell Design Editor Lauren Walbridge Audience Editor

BUSINESS Clint Gorton Advertising Manager YiFeng Lin Business Manager

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Max McCoy Assistant Professor of Journalism

The Bulletin | March 17, 2011

a&e

Luck of the Irish

Page 5

FOLKBAND BRINGS IRISH CULTURE TO EMPORIA

Gaelic Storm performs Tuesday night at Albert Taylor Hall. Erica Cassella/The Bulletin.

H uibing L u

lu@esubulletin.com When Gaelic Storm appeared on the stage under the oceanblue light during their performance Tuesday night in Albert Taylor Hall, the audience gave a standing ovation. About 500 people from the Emporia community and surrounding areas attended the concert.

The concert started with the song, “Courtin’ In The Kitchen.”

Soon, the stage was filled with Irish-style rhythm and the sound of violin, drums and guitar mingled. The audience followed the beat and clapped their hands.

According to their homepage, Gaelic Storm’s music and performances are a celebration of Irish culture, but they are hardly traditionalists, adding modern sounds and drawing influences from American rock and pop as well as music styles from around

the world.

“We selected Gaelic Storm because it has huge following and we saw a lot of people come from outside the area,” said Melissa Windsor, executive director of Emporia Art Council. “We are very pleased with the turn out. It looks like the entire floor is filled and everyone walked out with happy faces and happiness in their hearts.”

Gaelic Storm’s stage presence is interactive and lively. Audience members stood up from their seats and acted like donkeys when the band sang “Darcy’s Donkey.” During the song “Me and the Moon,” the audience on one side stood up and sang “I brought the whiskey” and then the audience on the other side sang “He brought the light” while waving the lights of their cell phones.

The audience applauded several times for the violin solos of Jessie Burns.

“I like the way of music with violin and pipes sounds. My

favorite part is the drums and everybody can get involved,” said Frank Cortez, junior secondary education major.

The band also performed “Green Eyes, Red Hair” from the album “Cabbage.”

“Cabbage was number nine on the iTunes chart for every artist in the county,” said Patrick Murphy, lead singer and accordion player for Gaelic Storm.

Students who attended the event said they enjoyed the performance.

“It’s so much fun and it’s really great. I want to go and see them when they go to Kansas City,” said Erin Gilmore, senior music performance major.

Windsor said this concert is a fundraiser for the general operating budget of the Emporia Art Council and a new art center that was just opened at 815 Commercial St. with 15,000 square feet of facilities, including an art gallery, art shops and classrooms.

ESU students showcase skills at talent show

C harlie H eptas

heptas@esubulletin.com Some joked, some sang, some even played the ukulele, but everyone had talent at last night’s UAC sponsored “ESU’s Got Talent.” Host Ronnie Jordan, a stand-up comedian from Atlanta, Ga., began the night. He enjoyed the smaller audience with a bit more intimate experience.

Jordan has been featured on BET’s Comic View, 1st Amendment Stand-up and Bad Boys of Comedy, as well as The Blue Collar Comedy Tour. He broke the college touring record with 102 colleges in 112 days, according to ronniejordan.net, his personal website. Jordan drove 18 hours to host the event.

“The talent is really good, they’re all music majors or are members of Zoiks, there’s a lot of talent, it’ll be interesting to see,” said Chanelle Warner, senior elementary education major.

The event was judged by UAC president Samantha Beye, Corky the Hornet in full costume and ASG vice president Ashley McCullough. They offered awards to the top three acts of the evening.

Auditions were held for the event and the top six acts were chosen to participate in the talent show.

Matador, an electronica band, opened the night with a

Too True

cover of a DNTEL song. Esteban Gomez mixed the music and sang.

The following act was Nick Donovan playing the piano and singing, he received the second place medal.

Adam Helmer and Ashley Wells covered Brad Paisley’s “Whiskey Lullaby” and received third place. The duet sang as Helmer played acoustic guitar.

Luke Ball and Joel Dixon of Dixon Ball’s Stampede covered a blue grass version of Lady Gaga’s “Bad Romance.”

Dixon played the banjo while Ball played the ukulele and they were accompanied by Riley Day on Guitar. This was met with laughter from the audience. They received first prize for the evening for the second year in a row and presented Jordan with a VHS tape for their honor.

Paul Mose closed the night with a stand-up routine. This was only his second time on stage and he was nervous and excited about the opportunity. “(The talent show) showcases all of our different talent that we have and not a lot of people get to know that or experience it so the people who do attend get to get something different,” said Crystal Ulbrich, senior communication major and member of UAC. Amy Silva, freshman crime and delinquency studies major, said she was excited to see the audience reaction and was glad that Jordan was able to host the event.

Comedian Ronnie Jordan of Atlanta, Ga., performs at “ESU’s Got Talent,” Wednesday night in Albert Taylor Hall. Chris Franklin/The Bulletin.

By Ellen Weiss

Page 6

Housing Horror Stories: When Nature Invades L uke B ohannon

bohann@esubulletin.com

Around 11:30 p.m. on Saturday, the fourth floor of Abigail Morse Hall found itself with one extra resident. A bat had somehow found a way into the dormitory and was flying up and down the hallway. A resident noticed the animal around 11:15 p.m. and informed a resident assistant, who then contacted Police and Safety.

“There was a bat in the hall…I heard panic and ruckus then lots of swatting like they were beating the little guy,” said Miriam Gray, sophomore political science major.

Two officers responded to the bat by capturing it and releasing it back outside without harming it.

Donald Shafer, university police sergeant, was one of the two officers who responded.

“Basically, they get scared if they can’t get out, and he was in a closed hallway in Abigail, so he had no way out,” Shafer said.

Shafer went on to explain how animal related incidents in the dorms were nothing new or uncommon, citing an incident in the past where a deer had jumped through the windows of the Bamboo Room on the ground floor of Morse Hall. He’s also dealt with snakes on previous occasions.

“It won’t be the first one and it won’t be the last,” Shafer said.

It is still unclear as to how the bat managed to get into the hallway.

“I don’t know how he got in here. He may have been here first or maybe he thought this ancient heap of a building was a cave,” Gray said.

Shafer was also unsure as to how the animal had managed to gain access to the building.

“We don’t know.

They’re like mice, they can get in through an itty-bitty hole anywhere,” Shafer said.

The Towers complex has also had incidents with critters this year.

Residents in North Tower have reported encounters with cockroaches. Mallory Waln, a freshman elementary education major detailed her encounter with one of the insects.

“I went in to take a shower…and just as I was shutting off the water to the shower I looked down and saw this giant cockroach,” Waln said. When asked to define “giant” she said that it was “half of a Twinkie-sized” in reference to earlier stories she’d heard from other residents about “Twinkiesized” cockroaches.

Waln continued on to explain how she’d enlisted her roommate to help her move her belongings out of the restroom and away from the cockroach.

“It makes you wonder about how little the people clean there for cockroaches to be there,” Waln said.

Special Section

The Bulletin | March 17, 2011

Housing Edition FINDING THE RIGHT ROOMMATE

Federal cuts could hit US housing agencies

NEW YORK (AP) — Kevin Gaines and his family got rashes soon after they moved into their new apartment. His son kept getting nosebleeds. The dust made it hard to breathe. When Gaines, a liver transplant recipient, saw yellow mold creeping over the ceiling, he said doctors warned it could cause him to reject his new organ.

After Gaines complained, city inspectors recorded dozens of code violations and city workers even came in to make repairs.

New York City officials warn, however, that budget cuts being pushed by some members of Congress could decimate their housing enforcement efforts, slicing the funds used to pay inspectors, sue landlords and perform emergency repairs.

Around the country, the cuts could also shutter community centers, leave rural water outages unchecked, Senior accounting major Nicole Skala and her roommate Meghan Clark, senior elementary education major, do their homework stymie plans for new housWednesday afternoon in their apartment. The two girls have been roommates since their freshman year living in the dorms. ing developments and Alissa Miller/The Bulletin reduce the money available Remaining calm during arguments also makes the for fixing broken elevators H uibing L u roommate relationship easier to maintain. and leaking roofs in the nalu@esubulletin.com “If you get mad at that person, don’t attack them, tion’s public housing. but instead approach it like you are asking for help Budget proposals by Toward the end of spring semester, freshmen living to understand why they did something,” Zuber-Chall both the Senate and House on campus or students whose roommates graduate this said. of Representatives were summer might consider looking for a new roommate.

Skala said if she something bothered her, she tendvoted down Wednesday But students who are in need of new roommates ed to bring it up and not dance around it very much, as lawmakers attempt to have to consider who will make a good roommate for while Clark said she was more subtle in her approach wrangle a compromise that them and how to maintain a good relationship with of roommate problems. would prevent the federal their roommate.

Two people arguing makes it very difficult to solve government from shutting “(Before looking for a roommate), you need to problems because the two are just yelling at each other down when the latest temhave a list of things that are important to you and ask and not hearing each other, Zuber-Chall said, porary spending measure the other person about those things…but people have “Arguments should be productive and should be a expires March 18. to agree or disagree…sometimes you should look for way to learn about the other person,” she said.

Republicans have pushed compromise,” said Susan Zuber-Chall, instructor in Having different extracurricular activities and hobfor deep spending cuts this sociology, anthropology, and crime and delinquency bies allows roommates to spend some time away from year to help shrink a deficit studies. each other, said Skala. that is on pace for a third Meghan Clark, senior elementary education major, “Don’t room with someone that your life is so straight year of topping $1 and Nicole Skala, senior accounting major, have been intertwined, because differences make it easier to live trillion. Democrats support roommates since their freshmen year. When they were with each other and maintain a relationship…and some cuts but object to the looking for a roommate, they both had specific redon’t think that moving off-campus is going to make scope of the Republican quirements that had to be met by a potential cotenant. everything better. If you have problems when you ideas, arguing that the GOP “I just wanted somebody who wouldn’t go out and lived with them on-campus there will be more stresses cuts would unfairly hurt party all the time, wouldn’t keep me up really late – off-campus and more trust issues,” Skala said. education and support for someone who is quiet like me,” Clark said.

Living off-campus can also cause different problems the poor.

Skala had her own expectations and requirements. for roommates than living on-campus does.

Housing and community “I just wanted to get a roommate I didn’t know, so “I think people need to realize their responsibility development officials across I could make a new friend in college,” Skala said. while living off-campus, because so much is done for the nation are anxiously Clark said the ideal roommate is someone who she you in the dorm, not having to make your own food, awaiting word on whether feels comfortable around. not worry about paying rent or bills…all of a sudden, the 62 percent cut to federal “A good roommate is someone you can trust and all these things pile up,” Clark said.

Community Development get along with and you’re not worried about offending Zuber-Chall said to maintain a good roommate Block Grants proposed by them,” Clark said. relationship, we should be polite and honest to each the Republican-controlled Zuber-Chall said that communication is key to other and ask them what they like and don’t like.

House will remain a part maintaining a good roommate relationship.

Developing a friendship between roommates has of any budget compromise.

“It’s little things that get you upset and if you don’t also been helpful in maintaining a healthy roommate President Barack Obama say something about the little things, they will build relationship between Clark and Skala. has called for a smaller, 8 up and become bigger and bigger, until one more “We are both seniors and we are busy with our percent cut to the grants, thing happens and it will just explode, so it’s imporclasses and something that we are involved in, but we while the Senate had pushed tant to ask about the little things as soon as you have a still have time spending together…watch TV shows not to cut them at all. problem with it,” Zuber-Chall said. together or just sit and talk for a while,” Clark said.

New York City is the largest recipient of the $3.9 billion program, which has long been prized by state, county and city officials because of the freedom governments have to decide WASHINGTON (AP) — Builders fell 11.8 percent in February. Apartment the job market needs to improve and how the money is spent. In broke ground last month on the fewest and condominium construction dropped builders need to gain access to hard-to-get Chicago, some of the monhomes in nearly two years and cut their 47 percent, reversing much of January’s credit. ey is used to help homeless requests for permits to start new projects gains.

“Credit is flowing freely to large comAIDS patients. In Texas, the to a five-decade low. The decline in conBuilding permits, an indicator of panies but not so much to the small build- funds help teach members struction activity is the latest evidence that future construction, fell 8.1 percent last ers,” said Patrick Newport, U.S. econoof poor border communithe housing industry is years away from a month to the lowest level on records mist for IHS Global Insight. “If builders ties how to safely build and recovery. dating back to 1960. Permit requests cannot get financing to build new homes, repair their own homes.

Home construction plunged 22.5 for single-family homes saw the biggest housing will remain in the dumps.”

That spending flexibility percent in February from January to a decline. Apartments and condos remained Analysts said year-end building code has prompted some critiseasonally adjusted 479,000 homes, the flat. changes in California, Pennsylvania and cism.

Commerce Department said Wednesday.

Falling prices, sluggish sales and the New York caused an artificial spike for “Although the program’s It was the lowest level since April 2009 weak construction rate all point to a hous- permit requests in December and housing intent is to benefit low- and and the second-lowest on records dating ing market that is “stuck at a bottom of a starts in January. Builders in those states moderate-income families back more than a half-century. steep hill,” according to Moody’s Analytics rushed to file new permits before those and communities with the The decline followed a surge in highly Economic Research. changes went into effect. greatest need, in practice volatile apartment construction in Janu“There are really large structural probEven with those gains, the housing these funds have often been ary, which pushed the overall construction lems with the housing market,” said Dan market has struggled. Millions of foreclo- used in affluent communirate up to more than 600,000 units — the Greenhaus, chief economic strategist with sures have forced home prices down and ties for unnecessary projfastest rate in 20 months. Still, the buildMiller Tabak + Co. “This is not a run-up more are expected this year. Tight credit ects,” House Appropriations ing pace has been far below the 1.2 milin oil prices. This is a multiyear build up has made mortgage loans tough to come Committee spokeswoman lion units a year that economists consider in the housing market that is going to by. And some potential buyers who could Jennifer Hing said in a healthy. take more than several months or several qualify for loans are hesitant to enter statement, adding that she Single-family homes, which make up quarters to get through.” the market, worried that prices will fall believes there is “waste and roughly 80 percent of home construction, For a housing recovery to take hold, further. abuse in the program.”

New-home construction plunges in February

The Bulletin | March 17, 2011

Special Section

Page 7

Breaking a lease can prove difficult for renters Rutgers says male, female students can share room

Photo illustration by Megan Gartner/The Bulletin

C harlie H eptas

lu@esubulletin.com Breaking a lease can be a difficult process. But if you are living in poor circumstances, Patty Gilligan, the Human Relations director for Emporia, has advice.

“Know your options for breaking your lease, and come talk to me, or use the legal services offered by ESU, you won’t find a cheaper way to talk to lawyers,” Gilligan said.

There are many options to break a lease but most are under bad circumstances. If you are simply having a problem with your roommate or just need more space, the best option is to ask for allowance to sublease.

Subleasing is a transfer of your current lease to another individual.

The most common reason people need to break lease is a lack of maintenance by landlords. Gilligan said that if repairs don’t get completed to inform the landlord they have 14 days to repair them. If the repairs are not completed you can give 30 day

notice and legally void the lease.

Another option if you are not having issues is to buy out your lease. This method involves paying out what you still owe to the landlord. It is the most expensive option but can allow for recouping the money because if the property is rented by someone else the landlord cannot take your rent as well as the new tenants.

“If you got an apartment that was in good repair when you got it you’re probably looking at a good landlord, if you’re looking at a property that needs repairs and they say they’ll get it done don’t sign that lease,” said Gilligan.

Gilligan said it was important for renters to know their rights so they can defend themselves from inefficient landlords.

Carlos Pringle, graduate student in history, has lived under multiple landlords here in Emporia and has generally had good experiences.

“I did have a slum lord but a change in management kept me from needing to break my lease,” Pringle said.

The dorms are not covered by the city but rather Residential Life on campus.

Cass Coughlin, director of Residential Life, provided some options for breaking the dorm leases. There are six methods to leave the dorms without incurring penalties. In order to break the housing agreement you must submit your reason to Residential Life.

The options include marriage, leaving the college by method of transfer, graduation or withdrawal, or with written approval by the director of Residential Life.

Being called into military service as well as sponsored learning activities off campus and significant medical problems are also options.

If the housing agreement is broken for any other reason multiple penalties are incurred. They include the forfeiture of the $145 payment and you must pay 40 percent of your remaining total for the semester.

All of this information is available on ESU’s website under Residential Life.

NEW BRUNSWICK, N.J. (AP) — New Jersey’s flagship state university has decided to allow male and female students to share rooms in three dorms in an effort to make the Rutgers’ New Brunswick campus more inclusive for gay students after a highly publicized suicide last year.

Starting this fall, all students — whether gay, lesbian, transgender or heterosexual — can choose either male or female roommates under the pilot program. Men and women will share bathrooms.

A similar, but smaller, pilot program is being launched at the Newark campus.

A number of other schools, including the University of Maryland, New York’s Columbia University and Washington’s George Washington University, offer similar housing options, according to the National Student Genderblind Campaign.

The organization is pressing for more programs like them, saying they’re a way for students to have roommates they’re comfortable with.

Rutgers got wide attention last year after freshman Tyler Clementi killed himself by jumping off the George Washington Bridge into the Hudson River. Authorities say that days before, his roommate in a dorm used a webcam to capture Clementi during an intimate encounter with another man.

The roommate and a third freshman have been charged with invasion of privacy in the case. Their lawyers say they’re not guilty of any crimes.

Gay student groups have pushed for the gender-neutral housing policy for years.

But it got more attention after Clementi’s death when there was increased scrutiny of the way gay, lesbian and transgender students are sometimes treated on campus.

Aaron Lee, a senior from Blairstown, N.J., said he would have taken advantage of the policy if it had been offered before now.

“I’m very excited about the ability for students to room with people of the opposite legal sex,” said Lee, who said he’s a female-to-male transgendered person.

“Someone’s legal sex may be different from the sex they appear to people.”

Lee said that while some of the attention is focused on the fact that opposite-sex couples can now live together, that’s not the main intent of the housing policy. After all, he said, gay couples have always been allowed to live in dorm rooms together.

New consumer agency taking criticism from lawmakers and banks WASHINGTON (AP) — Four months before formally opening its doors, the new federal watchdog for policing mortgages, credit cards and other financial products is under attack from Republicans and banks.

Elizabeth Warren, the Harvard law professor who championed the Consumer Financial Protection Bureau and is now in charge of setting it up, faces the hostile fire directly on Wednesday. Republicans running the House Financial Services Committee will press her to answer their concerns — shared by banks and other business interests — that the agency and its director will have unfettered power over financial products used by millions of people and might abuse it.

“You have no guarantee what kind of hobby horses that person may ride, how out of control they might be,” said Wayne Abernathy, an executive vice president of the American Bankers Association.

President Barack Obama has yet to nominate a director for the agency. Warren would have difficulty winning Senate confirmation because of Republican opposition. However, Obama could bypass that by using a recess appointment when Congress isn’t in session to give her the job through 2012.

Echoing criticism from their business allies, GOP lawmakers want the new agency’s budget placed under Congress’ control so lawmakers could threaten its financing if its actions

displease them. Its money now comes from the self-financing Federal Reserve, which Congress plays no role in financing.

Republicans also want to dilute the bureau’s power by moving decision-making authority from a single director to a bipartisan, multi-member commission.

In testimony prepared for her committee appearance, Warren is defending the bureau.

“If Congress is unhappy with a rule, it can overturn that rule,” she said. She also said the courts could block the agency’s actions, and noted that the bureau is required to report frequently to Congress.

“In brief, there will be more oversight and accountability of the CFPB than of any other federal banking regulator,” she said, using the bureau’s acronym.

Democrats and their allies say they purposely gave the bureau clout and independence. Its creation was a marquee achievement of last year’s financial markets overhaul law, which Obama and Democrats in Congress enacted last summer over GOP opposition.

The law “deliberately created an agency that was less likely to be manipulated by special interests,” said Travis B. Plunkett, legislative director of the Consumer Federation of America. “That’s the whole point.”

The agency formally begins its work July 21 and cannot issue regulations until then. Many Democrats, consumer

groups and others who support it blame the 2008 financial crisis on insufficient government regulation of banks and non-bank financial firms like mortgage lenders and credit bureaus.

“The economy collapsed because we didn’t have any cops on the financial beat,” said Edmund Mierzwinski, a program director for the consumer group U.S. PIRG. “Now they’re trying to knee-cap the new cops before they even get started.”

Obama appointed Warren, 61, an assertive consumer advocate, to oversee the agency’s creation last September.

She has spent the time since structuring the bureau, hiring veteran regulators and courting bankers, business executives and members of Congress.

“Everyone seems to report back the same thing — she’s a very engaging and engaged person,” said Jess Sharp, executive director of the U.S. Chamber of Commerce’s Center for Capital Markets.

Even so, the chamber has been a leader in efforts to force changes in the bureau, arguing that it isn’t accountable enough and might issue regulations that would hinder consumer and business access to credit.

Republicans and business allies also complain the new financial overhaul law is too vague and open to interpretation regarding the power it gives the bureau to protect consumers against “unfair, deceptive, or abusive acts and practices.”

Kansas, KSU students join two month on campus energy-saving contest LAWRENCE (AP) — Hey, Jayhawks, how about turning off those lamps and raising the shades for some natural light? And you Wildcats, why not power down and unplug your video game consoles when you’re not using them?

You might not think about it, since you don’t see the electric bill for your residence hall, but those energy-saving steps can add up.

That’s the lesson administrators at the University of Kansas and Kansas State University hope to convey through a two-month contest between groups of students at the two campuses to see which can cut its electricity use the most.

The Lawrence Journal-World reports that the competition involves students living in eight Lawrence residence halls and their counterparts at Kansas State in Manhattan.

For the winning students, there will be a payoff in bragging rights over their instate rivals. The communities will benefit as well — the two cities are taking part in a competition called the Take Charge Challenge to see which takes the most steps to reduce energy consumption.

The city with the greatest participation will receive $100,000 to spend on a community energy project.

Jeff Severin, director the KU Center for Sustainability, said getting denizens of university residence halls involved is a challenge because they’re unlikely to think about energy costs.

“If you don’t see the numbers showing up on your bill, it is a lot easier to ignore the fact that someone is paying for electricity,” Severin said. “Introducing a competition makes a big difference.”

The overall challenge largely focuses on what those living in homes can do to reduce energy use, such as receiving an energy audit or signing up for one of Westar Energy’s energy efficiency programs.

But those steps aren’t available for students in dorms. So organizers decided to appeal to students’ passion for conservation (and for beating those Jayhawks and Wildcats), said Margaret Tran, a recent Kansas graduate who is heading the Take Charge Challenge in Lawrence.

The student groups will be encouraged to think about turning off lights and using natural light when possible; replacing incandescent light bulbs with compact fluorescent bulbs; adjusting computer settings to save energy; and unplugging such energy hogs as TV sets and video game consoles.

University of Kansas officials note that a conservation contest among four student housing communities last year saved 97,800 gallons of water and 8,900 kilowatts of electricity.

“A lot of time, a competition like that can replace the financial incentive to get the students excited and thinking of ways to reduce their impact,” Severin said.

Page 8

Special Section

The Bulletin | March 17, 2011

Kansas Landlord Tenant Act 58 2540. Title of act. This act shall be known and may be cited as the “residential landlord and tenant act.”

History: L. 1975, ch. 290, § 1; July 1.

58 2541. Arrangements not subject to act. Unless created to avoid the application of this act, the following arrangements are not governed by this act: (a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; (b) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser’s interest; (c) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (d) transient occupancy in a hotel, motel or rooming house; (e) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (f) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and (g) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

History: L. 1975, ch. 290, §2, July 1.

58 2542. Jurisdiction of courts; procedure. The district court shall have jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this act or with respect to any claim arising from a transaction subject to this act, and notwithstanding the provisions of subsection (b) of K.S.A. 2003 Supp.

61 2802, and any amendments thereto, such actions may be commenced pursuant to the code of civil procedure for limited actions. Unless otherwise specifically provided in this act, the code of civil procedure for limited actions shall govern any action commenced pursuant to this act.

History: L. 1975, ch. 290, § 3; L. 1976, ch. 240, § 1; L. 1976, ch.

151, § 7; L. 2000, ch. 161, § 106; Jan. 1, 2001.

58 2543. Definitions. As used in this act: (a) “Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. (b) “Building and housing codes” includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. (c) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household; but such term shall not include real property used to accommodate a manufactured home or mobile home, unless such manufactured home or mobile home is rented or leased by the landlord. (d) “Good faith” means honesty in fact in the conduct of the transaction concerned. (e) “Landlord” means the owner, lessor or sublessor of the dwelling unit, or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by K.S.A. 58 2551 and amendments thereto. (f) “Organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. (g) “Owner” means one or more persons, jointly or severally, in whom is vested: (1) All or part of the legal title to property; or (2) all or part of the beneficial ownership and a right to prevent use and enjoyment of the premises; and such term includes a mortgagee in possession. (h) “Person” includes an individual or organization. (i) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant.

(j) “Rent” means all payments to be made to the landlord under the rental agreement, other than the security deposit. (k) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under K.S.A. 58 2556 and amendments thereto, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premise. (l) “Roomer” means a person occupying a dwelling unit that lacks a major bathroom and kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. As used herein, a major bathroom facility means a toilet, and either a bath or shower, and a major kitchen facility means a refrigerator, stove and sink. (m) “Security deposit” means any sum of money specified in a rental agreement, however denominated, to be deposited with a landlord by a tenant as a condition precedent to the occupancy of a dwelling unit, which sum of money, or any part thereof, may be forfeited by the tenant under the terms of the rental agreement upon the occurrence or breach of conditions specified therein. (n) “Single family residence” means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit. (o) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

To read the act in its entirety, visit www.hcci-ks.org History: L. 1975, ch. 290, § 4; L. 1991, ch. 33, § 33; July 1. 58 2544. Finding of unconscionability; remedies; evidence. (a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) a settlement in which a party waives or agrees to forego a claim or right under this act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.

History: L. 1975, ch. 290, § 5, July 1.

58-2545. Rental agreements; terms and conditions in absence thereof. (a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this act or other rule of law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties. (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. (c) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly

apportionable from day to day. (d) Unless the rental agreement fixes a definite term, the tenancy shall be week to week, in the case of a roomer who pays weekly rent, and in all other cases month to month.

History: L. 1975, ch. 290, § 6; July 1.

58 2546. Same; agreement not signed and delivered given effect by certain actions; limitation on term. (a) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to such landlord by the tenant, the knowing acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. (b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to such tenant by the landlord, the knowing acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. (c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective only for one year.

History: L. 1975, ch. 290, § 7; July 1.

58 2547. Same; prohibited terms and conditions; damages. (a) No rental agreement may provide that the tenant or landlord: (1) Agrees to waive or to forego rights or remedies under this act; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay either party’s attorneys’ fees; or (4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord’s liability for fire, theft or breakage with respect to common areas of the dwelling unit. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant.

History: L. 1975, ch. 290, § 8, July 1.

58 2548. Inventory of premises by landlord and tenant, when; copies. Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord’s designated representative, and the tenant shall jointly inventory the premises. A written record detailing the condition of the premises and any furnishings or appliances provided shall be completed. Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed.

The tenant shall be given a copy of the inventory.

History: L. 1975, ch. 290, § 9; July 1.

58 2549. Receipt of rent subject to certain obligations. A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with subsection (a) of K.S.A. 58 2553.

History: L. 1975, ch. 290, § 10; July 1.

58-2550. Security deposits; amounts; return; damages for noncompliance. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month’s periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed one and one-half (1 1/2) month’s rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed one-half (1/2) of one month’s rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on thebedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant...

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The Bulletin | March 17, 2011

Kansas lawmaker apologizes for immigrant remark TOPEKA (AP) — A Republican lawmaker in Kansas apologized Tuesday for remarks suggesting that illegal immigrants should be shot like feral swine, but his statement didn’t quiet the furor over what he said was a “regrettable” joke.

The League of United Latin American Citizens’ national office in Washington described the comments from state Rep. Virgil Peck, of Tyro, as “despicable” and called upon him to resign. And U.S. Rep. Charles Gonzalez, a Texas Democrat who is chairman of the Congressional Hispanic Caucus, said such remarks “have no place in our national discourse.”

Leaders of the Kansas House’s Republican majority called the remarks inappropriate but said they accepted Peck’s apology and were confident such a lapse in judgment will not occur again. The leaders’ statement suggested they weren’t planning disciplinary action, but Speaker Mike O’Neal declined to comment further.

Asked whether he intended to resign, Peck said: “Nope.”

Peck made his comments during a Monday meeting of the House Appropriations Committee as it discussed whether the state should try to control the wild hog population by using gunmen in helicopters.

He said, “If shooting these immigrating feral hogs works, maybe we have found a (solution) to our illegal immigration problem.”

His comment drew gasps from the audience and committee members, but after the meeting, he told the Lawrence Journal-World that he was “speaking

like a southeast Kansas person,” adding that his constituents are frustrated with illegal immigration.

On Tuesday, other southeast Kansas legislators demanded a public apology. Also, Gov. Sam Brownback, a fellow Republican, called the remark “completely inappropriate,” according to The Topeka CapitalJournal.

Peck issued a statement: “My statements yesterday were regrettable. Please accept my apology.”

But another southeast Kansas legislator, Rep. Bob Grant, a Cherokee Democrat, said Peck needs to do more than issue a brief statement to fellow legislators and reporters.

“The one-line apology doesn’t cut it,” Grant said.

“There were other people at the Appropriations meeting, and I think he needs to apologize to everybody.”

It was the second time in a month that a Republican House member has apologized for a remark touching on immigration issues.

In February, Rep. Connie O’Brien, of Tonganoxie, faced criticism for a story she told during a committee hearing about enrolling her son at a community college and observing another student who couldn’t produce a driver’s license or other government identification. O’Brien said she could tell the woman wasn’t from the U.S., noting her “olive complexion.”

O’Brien was discussing a bill to repeal a state law allowing some illegal immigrants to pay the lower tuition charged Kansas residents. She apologized and promised to be more careful with her words in the future.

Kansas governor backs off change for Human Rights agency TOPEKA (AP) — Kansas Gov. Sam Brownback on Wednesday dropped his effort to move the state Human Rights Commission into the attorney general’s office, a plan resisted by the commission and protested by activist groups as likely to make the agency more partisan and less effective.

Brownback spokeswoman Sherriene Jones-Sontag said the governor is still asking legislators to trim the commission’s budget by about $231,000, or nearly 13 percent, during the fiscal year that begins July 1. But he won’t try to cut its 25 full-time staff positions, and he’ll accept it as a stand-alone agency, Jones-Sontag said.

She said the commission agreed to accept the governor’s push for budget savings.

“The governor felt if they were willing to do that, he would work with them as a stand-alone commission,” she told The Associated Press.

Brownback had included his plan to move the commission to the attorney general’s office in his budget recommendations, among initiatives for making state government more efficient. But his

administration also had said the change would make the commission stronger by putting the resources of the attorney general’s office behind it as it investigated discrimination complaints.

The commission said the move could lead to legal conflicts of interest because the commission investigates discrimination complaints involving state agencies, and the attorney general’s office defends agencies and employees. Critics of the move still plan to have a march and Statehouse rally Saturday in support of the commission, according to one organizer.

Asked whether the criticism led Brownback to back off, Jones-Sontag said, “Absolutely not.”

But Joseph Mastrosimone, the commission’s chief legal counsel, said he believes the criticism of Brownback’s proposal, the plans for a rally to protest it and news reports about the debate were important factors in the turnabout.

“The commission is pleased the governor took into account the new information and made the right policy decision,” Mastrosimone said. “It all sort of finally jelled and got somebody’s

attention over there.”

Also, Mastrosimone said, the commission plans to work with the House Appropriations and Senate Ways and Means committees to see if they can find “spare change” to offset the budget reductions Brownback is seeking. Under Brownback’s recommendation, the commission’s total budget would drop from $1.83 million to $1.6 million.

Mastrosimone said if lawmakers provide $1.68 million — about $80,000 more than Brownback proposes — the commission’s operations won’t be affected.

Brownback’s recommendations originally assumed savings from eliminating three positions at the commission, including Mastrosimone’s job and Executive Director William Minner’s position.

The commission has seven members, appointed by the governor. It has been a stand-alone agency since 1953, and it’s long had the power to issue subpoenas in its investigations. The commission suggested it wouldn’t gain much from the move, and critics suggested it would lose its independence.

Page 9 SAFE... from page 1

tion areas: sexual assault prevention, alcohol misuse prevention, STI prevention, pregnancy prevention and there’s kind of a fifth catch all category for things like staying hydrated, skin care, that kind of thing,” McDaniel said.

The attendees were invited to play games with names like “involuntary island,” “tighten ur nuts island,” “sand pong” and “limbo 4 yo life.” Prizes and informational pamphlets were given out at each of the stations. Names were also entered into drawings for gift baskets containing items from each of the prevention areas. Upon arrival, students received tickets for a raffle of an X-box Kinect, which was provided by Residential Life.

This was not all about having fun though. The sponsors wanted the attendees to learn something from the experience.

“It started out after just noticing…that every year after spring break…we’d start seeing more people come into the health center with really bad blister sun burns and then in a couple of weeks they were coming in for pregnancy tests and then a couple of weeks after that, we had an increased number of people coming in for STI tests,” McDaniel said. “We became aware that there was a need for some prevention reminders.”

Attendees seemed to have fun at the event.

“I think it was a great presentation of things a student should look out for during spring break,” said Garion Masterson, sophomore digital and audio production major.

Bre Cooper, freshman elementary education major said that she had a blast and learned a lot of new information.

McDaniel said that she did not expect to teach many new things to the students, but instead, remind them of potential dangers.

“It more serves as a reminder or as maybe a wake up. It’s just a fun way to remind college students that we want you to have fun and we want you to be healthy and safe,” McDaniel said.

ASG... from page 1

participating in ASG is the time constraint.

“You are expected to devote about 20 hours a week, but it is worthwhile in terms of the benefit and the skills that you learn. (You learn to) be a positive part of the school and community and be able to make changes,” Evans said.

“Students should come out and voice their opinion. (ASG elections) give students a chance to step up there and speak out about different issues on campus,” said Joel Wilburn, senior social science major and multicultural affair’s liaison.

Bo Moddelmog, sophomore political science major and senate operation chair of ASG, said being a part of ASG gave him the knowledge of the RSO (Recognized Student Organization) system and the process for student organization to request reserve funds.

Rivers said the biggest thing he loves about being the president of ASG is the opportunity to networking and meet a variety of people, not only students, but also faculty, staff, administration, politicians and community members.

“I can’t speak higher of this position. It’s just the opportunity and the door that opens,” Rivers said.

Students interested in running are required to have a 2.5 GPA, fill out petition forms and get student supporting signatures. 50 signatures are required for senator candidates and about 538 signatures for executive candidates, Evans said.

Senator candidates have senator buy-out option, which is to pay $30 instead of getting the signatures, but that option is not available for executives running, Evans said.

After the candidates are certified on GPA, signatures and paperwork, the candidates will meet with students and run the campaign from March 30 to April 10. The actual election date is April 11-13 when any student can vote through blackboard, Evans said.

“We want as many people as possible to vote…the people are going to represent them and make decisions that affect the student body…it is really to students’ benefit,” Evans said.

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Rentals

March 17, 2011

Page 10

Q&A Softball sweeps up Dustdevils B randon S chneeberger

Tennis Head Coach John Cayton

CAYTON C hris D vorak

dvorak@esubulletin.com How was last year’s season?

On the men’s side it was a tough season because we didn’t accomplish our goal of going .500 in our team record…. I think there were a lot of positives that a lot of people got good experience that they can use this year. On the women’s side, we had a good ending to the season because we tied for third in the MIAA tournament which I think was a lot higher than our record going into the tournament would have suggested we would have finished. We did lose a lot of close matches to some teams. I think last year our women were the third best team in the conference.

What is your goal for this season?

Fort the men’s team, it is to have a .500 record and win two conference matches, which (are) definitely doable and achievable goals. It’ll take a lot of hard work.

We have a lot of tough teams in our conference a lot of highly ranked teams in the region. I think that we can do it with the squad that we have. On the women’s team, the goal is a little bit higher.

It is to be conference champions.

We have four seniors, and we have the experience, and quality and the work that we put in and the attitude that we have. It is achievable.

What impact will the veterans have on the team?

For our veterans this year on the men’s side, we have two seniors that will be playing the upper part of the lineup. Nick Stiefer, a senior from Texas, (is) playing number one singles and doubles. Then Andrew Shipp is from Topeka, and he will play number two singles and number one doubles. Those guys will provide some leadership as a well as Matt Van Horn from Goddard who will play number four singles and number two doubles.

On the women’s side, we have a lot of leadership. We’ve got four seniors. Our captain senior Kirstin Ford is playing number five singles and three doubles. Veteran wise Amanda Morris from Salina has had a stellar career at ESU, and she is playing number two singles and number one doubles. So I think we have a lot of great talent, and experience and fun to work with, and I think they are going to work hard and achieve some great things this year.

sports@esubulletin.com

On what was a beautiful day for softball, the Emporia State softball team played well defeating the Dustdevils of Texas A&M International in both games in their double-header. The Hornets shut out the Dustdevils 3-0 in the first game before defeating them 4-2 in the second.

“We’re getting better,” said Head Coach Kristi Bredbenner. “The season’s about a progression. We don’t want to be peaking, but we’re getting better with a lot of things.

There’s still quite a bit we need to work on.”

The Hornets got things started off early in the first game behind an RBI double by Senior Shortstop Abby Hughes. The RBI was her 14th of the season.

Hughes struck again in the sixth inning hitting her second homerun of the season giving the Hornets a three run lead with just an inning to play. Paige Ladenburger (6-0) earned her win through five innings allowing just two hits, one walk and striking out five batters.

The Hornets got the win, but Bredbenner wanted to see more runs after the first inning.

“We kind of settled a little bit after that first inning,” Bredbenner said. “We were happy that we got the lead, and we’ve got to make sure that we keep taking it to them the entire game.”

In the second game of the double-header, the Hornets were unable to strike as early as they had in the first game as the game was scoreless through two.

In the third inning, Jessica Brewer singled up the middle with Alyssa Miller and Angela Mahan on base. After an indecisive turn around third base by Miller, the play ended in a fielder’s choice and Miller was tagged out at home leaving two runners on second and third.

Despite the scoring opportunity, the Hornets were unable to cash in during the inning. ESU survived a scare of their own in the fourth as a potential Dustdevil homerun was waived foul.

With one runner on and one out, Taylor Reichard hit her second homerun of the season giving the Hornets a two run edge. The Hornets added another run in the fifth before Hughes was brought home off an Abby Smith single to make the score 4-0.

“I was up in the count,” Reichard said about her homerun. “I was just expecting a pitch down the middle, and Amanda (Self )

Sophomore Paige Ladenburger throws against a Texas A&M International batter in the first game of a double header Wednesday afternoon at Turnbull Field. Kellen Jenkins/The Bulletin

had also just gotten a hit, so the energy was up, and my confidence was up after that.”

The Dustdevils answered in the sixth with a two-run homerun by Victoria Beltran, but the Hornets would hold on to win 4-2.

The Hornets improve to 14-5 on the season and will now enter conference play this weekend in the MIAA Crossover. The next home game for ESU is at 3 p.m. on March 26 at Turnbull Field against Southwest Baptist.

Men’s tennis perseveres to earn win over SWOSU B randon S chneeberger sports@esubulletin.com

The Emporia State’s men’s tennis team had their first big challenge of the season defeating tough opponent Southwestern Oklahoma State University in a duel match, five matches to four on Saturday. The Hornets and SWOSU played best of nine matches, three doubles matches and six singles.

“We haven’t faced the team for two years… The overall deal of the day was that we needed to play consistent, earn respect through our tennis. We did that by taking care of the matches that we knew we were favored in,” said Head Coach John Cayton. “We knew we needed to get two of the other four matches. We ended getting four easily and getting number two in the close match.”

The duel was tense right up until the end. The was score even at 4-4 when number two singles sophomore Mitchell Kibbe got into his second set after losing his first set 4-6.

Despite struggling through ups and downs for the second set, Kibbe was able to win in the tie breaker game 7-4. This put Kibbe and SWOSU’s Sean Cobble into a tiebreaker set in which the first player to ten points while leading by two won the match.

“The only reason why I lost the first set is because he broke me on one of my serves. That was kind of a killer,” Kibbe said. “I hung in

there in the second set and was able to pull through.”

Kibbe took an early lead over Cobble, however, he stalled out at eight points, and Cobble was able to catch up and make the score 8-7.

Regaining his focus, Kibbe got the next two points to win his match and thereby securing the win for the Hornets.

“I feel great,” said Kibbe after the win. “I knew my team was behind me the whole way, and I felt good that I was able to pull off the win.”

Starting the duel were the doubles matches in which SWOSU won two of the doubles with the Hornets two freshman Andrew Konetzni and Nathan Wehrman winning number three doubles 8-0.

“The rest of the team came up huge, everybody was always helping each other out and pumping each other up,” said Matt Van Horn, a junior number five singles and number two doubles. “Nobody was ever out of a match, and we just needed to scrap together four matches, and we got it, just clawed them out.”

The difference maker for the Hornets was winning four of the singles matches, winning four of the six matches. The Hornets won numbers two, four, five and six singles while losing numbers one and three.

“They performed up to what we expected. There were some matches that we could have done better in,” Cayton said. “We did what we needed to do at the key moments and were able to gain the advantage and the result was winning the overall match.”

SPORTS SHORTS

ESU men place fifth in National Championships

The final meet in the indoor track season saw a flurry of new Emporia State records this past weekend in Albuquerque, N.M., as the men’s team finished fifth overall. Andrew Etheridge, Zach Rosenberger and Josh Schuler all contributed to either break or tie ESU records. Etheridge’s time of 7.94 in the 60M hurdle earned him a second place finish in the event. Josh Honeycutt also managed to place second in the triple jump earning All-American honors for the third straight year.

On the women’s side, Katie Mona finished fifth overall in the 800M. Mona, who was the only woman at the championships for ESU, assured the Hornets of scoring for the 15th time in the last 16 Indoor National Championships with her finish.

The Hornets indoor season is officially finished. They look now to the outdoor track season. Their first meet is 2 p.m. today at Witten Track in Welch Stadium.

Baseball sweeps Truman, earns #1 ranking

The Emporia State baseball team swept Truman State University this weekend in a four game series. The series started with a 2-0 Hornet win over TSU Friday. The Hornet’s Brandon Faulkner earned his second win of the season striking out eight and allowing just two runners to reach second base in 8.1 innings.

The series continued with a 13-5 win followed by a 6-0 shut out on Saturday. Travis Whipple had two home runs on the day, and David Allbritton, the MIAA Hitter of the Week, added two hits and two RBI’s.

Concluding the series with an 8-6 win, the Hornets had to comeback after leading 3-0 until six unanswered runs by Truman. ESU overcame the deficit by scoring one or two runs for four of the last five innings.

ESU has now moved into the #1 spot in the nation. The Hornets begin a series with Southwest Baptist at 2 p.m. tomorrow at Glennen Field.