IH Sports lH SectioH 2 Botto seeks to An Associated Collegiate Press Four-Star All-American Newspaper Mojo Nixon prove himself serves up a versus Marshall Horny Holiday page 86 page 81 FREE FRIDAY Advisor resigns over alleged .assault Resident Assistant for Ef!glish Language Institute students says uni.versity acted apathetically in investigation of reported attack By Doug assistant in Pencader who accused glad to have the support of Lyman Timothy F. Brooks, dean of Donovan December II , 1992 Eclitor in cnief Mohammad Ershaid of sexually to show I'm not lying." students, said because ELI students · Dear University of Delaware: Claiming tile university has assaulting her. Chen said that days after Ershaid are not full-time matr-i culated He llo, my name is Lyman Chen and J am currently the Conunun ity Advi sor for the University's E.l.l. Sludents. I am n:grelfully wrili ng lhis leuer 10 forma lly n:sign as 1he Co mmun il y Ad vi sor for attempted to "cover up the truth" Ershaid, a Kuwaiti student in the was arrested, Ershaid continued to students, they cannot be tried E.L.I. S1udents in Pencader. Ahhough I have sincere ly enjoyed my 1wo years as bolh a Residenl about the alleged sexual assault of ELI program, was arrested on Nov. visit the Pencader building where through the university's judicial Assis1a111 and Communily Advisor, I feel I am no looger able or willi ng 10 fulfi ll my r<:sponsibilities effectively and wtl olehea ned ly due to recent events invo lvi ng the allesed sex ual assault of one of my a resident assistant, the community 6 by University Police for one he lived. Chen said he was system and are not barred from Residen t Assistants by an E.L.I. student. You cannot imagine what the past two months have been count of sexual assault. police said. disturbed at the lack of being on campus. like for both myself, and especially, the Resident Assistant who was invo lved. advisor to English Language I· Institute (ELI) students officially The incident occurred in Baker's responsibility by ELI officials who, However, Chen and Baker said AcruaUy, rry to imagine what we have gone through over the past few months. Imagine your resigned his position today. room on Oct. 20.and'she reported it he said, told him that Ershaid's they thought the case should go :~~~~~ ~~ ~:c ~~~i~~~~~~0i~ r; ~~J.: ~~ ~~~~:0;i: : h;;~ -:~:~o=~~ ~ ~hehe~is~ nolto In his resignation letter to University Police on Nov. 1, keys were confiscated. through the university's judicial 0 0 1 1 ~~:i~aW~~ · . ~is' ~~~~~ ~~s h;~~~~~:~:us:~~l ~ :!~! ~:'::s! ~:k . ~h;s, !rk ~~ ~:rfc7riho~~ on disclosed earlier this week to The said Larry Thornton, associate "ELI needs to act a little more system. why she should come forward. I assure her, time and time agai n, that the situation will be: dealt with in Review, Lyman Chen (BE SR) director of Public Safety. responsibly,'' Chen said. "ELI's "By not taking the case through a professiona l, efficient, and privale manner. J say to her, "You' re an R. A! 1bc Universi ty would wrote, "Imagine a university who Baker said University Police methods of dealing with this have the university judicial system, :~~~:.Z,~" f~~·~o:!:.r~:~~~ ~S:, "ci,:tfR~~~ ?W:~~ G!t cons1an1 persuasion from me, only made the arrest after she been atrocious." Housing did the wrong thing," attempts to cover up the truth of Imagine now, a niahtrnare of politics and inaction by the Uni versity. Imagine a university who the incident to protect. its image contacted the Federal Bureau of Chen said that after the incident Chen said. altempls to cover up the truth of the incident to proleCt its image and International Relations at her and International Relations at . Investigation. he authorized an emergency lock Baker also said she was told t11e cxpc n... Imagine watching one of your R.A.s slowly deteriorate, befon: you r eyes, as she [Angela Baker's (AS SR)] "It wasn't until the FBI called change of Ershaid's room. case would go through the judicial ~~r;;~':s":S~gh~ =:'~ ~::;. ·:~; ;:':f:.~~~ ~ i::.:: c.:~ ~:~~l~~~ .~~J~:~ ~ :s 0 1 expense." University Police that the arrest Chris Wolfe, coordinator for ELI system. ~.. .:~~~ ..=~ :r~ .tsu~~n~:,~~~~e ~~! ~~:;;,.~~~h~~ ~~·r~:!f~ h~:~h.;,~~ ;~:l . : ns Chen said in an interview that he was made," Baker said. admitted that he said his office "It's not enough to have him off a witness to these events a::f being powerless to stop it. lmagtne how many sleepless nights both of us have had over the past few months. Imagine how poorly our grades will be this semester, and our intends to distribute the letter to Michael Wright, an FBI agent at would obtain Ershaid' s keys. campus," she said. 1 university administrators and the Wilmington office, said the FBI "We understand he hasn' t Brooks said he did talk to !':r=. "I:'0: =~~":~ ~~n~~~~·; ;:·, ; ~:,~G; 1~!';e~~~~~. h~~ '.:'/~es~~~~~ the cout'IC of th is semester, but I refu se to be powerless anymore. officials in Housing and Residence is not allowed to comment on its returned the jeys," Wolfe said Housing and Residence Life about Life and ELI today. cases. Wednesday. pursuing the case. be l ie ve1 fn~~ !::~ ~r~~~~:~u ;;, l ~ ~i~i~s:~:tcf .;il~:~:~n~:~ ~~~~~~5a~f;.t~~~ ~~~ t";.~~~ 6'!~ "I feel a grave injustice has beer. Lt. Joel Ivory, the investigating Chen said nothing was done to "But," he said, .. it is clear in the very dear to me. I have lost what has mean t a great deal to me in my life. My job. I do not know done not only to [Baker] but to all officer on the case for University restrict Ershaid from campus. student handbook" that only full­ how I will make it financially next semester without the benefits from my job, but I will at least know 1 8 1 women at the university," he said. Police, said the FBI did contact his "He was there just as much as if time matriculated students can be ~~:~ ~~1~ ~r ~h i :~;~ i 1 !": . r;o~ ~f::o~ :!~~~~ ;~~ ~~~f.~~. dfd~J i~ : ·• •: ;:~b~~: : !:~~'::. ::":· l " I felt I couldn't do my job office but said they "had no official he were living there," he said. brought through the judicial =~ ~~~cs~f~~e~r ,h~~ :~k 5/:.' H~~}~·. !;~~risA~: !:i l 1~~~ ':dirf!~~c~ t ~~:~.ltha~~ ~o u anymore. I advised Angela that it hand in the arrest." David Butler, director for system." for giv ing me lhis opponuni ly. I will mi ss il wi lh all my henrt! would be in her best interest to The trial was scheduled for Dec. Housing and Residence Life, said While most administrators close Regrelfully Youn , come forward because i was taught 9 but was postponed until mid­ he thought the "best thing to do to Chen expressed regret about his the university would back its RAs." January by a motion filed by the would be to move [Ershaid] out, resignation, they all respected his ~tkt ft1:f-k defense attorney, Thornton·said. not to go through judicial hecause Lyman Chen Chen refers to the incident Former Community Advisor for E.L.J. Students involving Baker, a resident Baker said in an interview, "I'm he's not matriculated." see RESIGNATION page A4 . Serial University bans: rapist speech codes strikes Faculty Senate follows Supreme Court decision • By Mary Desmond condemned any form of harassment Copy Editor defmed as "deliberately acting with aga1n Two years ago, the university's offensive expression towards any Faculty Senate voted to take action members or guests of the university By Ken Nager against instances of hate crime by community." City News Editor instituting a campus speech code into The code also states that "speech New Castle County police said the Official Student Handbook. or other expression constitutes they believe the recent rape of a But on Monday, prompted by harassment by personal vilification if 25-year-old woman in her recent Supreme Court decisions that it: is intended to insult or stigmatize Wilmington apartment is said it is unconstitutional for public an individual or a group of connected to the seriar rapist in institutions to ban "fighting words," individuals on the basis of their race, Newark. the Senate voted 30..15 to revoke the creed. color etc.; is addressed "It is clear that the speech code from the university code directly to the individual or circumstances of this case are of conduct. group .. whom it insults or similar to the previously reported Timothy F. Brooks, dean of stigmatizes; and makes use of cases," New Castle County students, said a series of federal "fighting" words or nonverbal information officer Vincent G. court decisions in Michigan and symbols." Kowal said·. " But the factors Wisconsin have determined Brooks said, "The problem we leading to this case will not be university speech codes faced was that a number of our released, in order to protect the unconstitutional. policies were unenforceable based on integrity of the investigation." Essentially, the university's code see SPEECH CODE page A3 Kowal gave the following account of the incident: The victim returned home Tuesday from work at about 9:30 p.m. to her ground floor Stratford State to execute third apartment where she was attacked by a suspect who was waiting inside. The susoect raoed the victim criminal in two years and then fled the apartment. Evidence at the scene indicates By Chris Dolmetsch made the final decision.