Complaint Doesn't Stop NOD
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Tr" /HHr ! i»| I" 1 5 , 'tisJV !,i » , , ttsS-Av-.i „~ II "" M...I . ... I III '"H." • ~ *<? $,s*\"i''"« ,' V™ you know, 7 BWfHEBi-——. • •-,.1111I — am SINCE 191 _ iv-'Si ':<$1 1 ™ ! 11 VOLUME S3, NUMBER 10 SUE US, WE DON'T CARE! NOVEMBER 3,1995 1 Midnight slam-fest Trial begins in $2 million case brought by hurt Brown student • on Marketos' part to resist arrest, Nipe. Smiljanic George E. Hatoun and therefore Nipe was justified in also said that he Nfn t Editor using increasing force to apprehend could under- him. Marketos' attorney, Greg Glad- stand why stu- ITie $2 million civil trial against den, implied in statements to the dents did not court that Marketos' resistance to want their names the university brought by Brown Si College senior Peter Marketos be- Nipe's actions was an attempt to pro- associated with gan Monday in the 133rd District ted an injured shoulder. negative informa- Court of Harris County. Marketos claims that during the tion about Nipe's behavior during Jury selection was concluded Mon- • incident his shoulder was dislocated, his confrontation with Marketos day. A panel of five men and one and that he spent over two and half Marketos took the stand on woman will decide the outcome of the hours in a Campus Police detent ion Wednesday before his lawyer rested $2 million suit, in which Marketos cell in that condition. He was then the plaintiffs case. seeks compensation for attorney's charged with aggravated assault on Rice called Edward Kuo as its first fees, pain, mental anguish, trauma, a police officer, a felony. witness Wednesday afternoon Kuo, BM fear, sleeplessness, confusion, stress At a subsequent examining trial, now at Southwestern Medical School and loss of time1 from school. the felony complaint was dropped in Dallas, was a '93 graduate of Rice ITiese charges stem from a con- due to lack of probable cause. All and a WRC resident at the time of the •V frontation between Marketos and other pending charges were dropped incident. Kuo and three of his friends then-Campus Police Sgt. Kenneth on Feb. 16, 1994, accordingJto legal were standing in the stairwell near Nipe during Will RiceCollege'sTower ^documents filed by Gladden. where the altercation took place. He • Parly on Feb. 19,1993. Exactly what Sid Richardson College senior said that immediately proceeding the happened during the encounter is at J R. Smiljanic was among the wit- incident, "Sgt. Nipe was escorting the heart of the trial, but both sides nesses called* to the stand by Glad- three guys down the stairs." agree that there was a struggle of den on Tuesday. Smiljanic tes- •"They looked pretty drunk," Kuo some sort between the two. tified about what he saw of the said. Rice claims that it was an attempt incident involving Marketos and SEE MARKETOS PAGE 5 Complaint doesn't stop NOD Scamtasia meant that you'd never may constitute sexual harassment Angelique Siy feel the same way about Disney," include, but are not limited to Asst. Efutures Editor Rumors surrounding this year's sexually suggestive objects, pic- NOD are mostly unfounded. While tures, videotapes, audio recordings Wiess College's Night of Deca- it is true that an informal complaint or literature, placed in the work or dence proceeded smoothly Friday was filed regarding sexually explicit study area, that may embarrass or night despite an informal complaint decorat ions in the Wiess Commons', offend individuals. Such material if filed over sexually explicit material the matter was resolved without fur- used in an educational setting should displayed before the event. ther conflict. be related to educational purposes," This year's NOD was attended Dean of Students Sarah Burnett By this definition, University At- by approximately 1,000 to 1,'200 said, "When we have informal com- torney Shirley Redwine indicated mbaum.** people, according to coordinators plaints, the person just wants the that formal charges of sexual ha- Evan Cone and Mackenzie Frost. offending behavior to cease. It 'susu rassment could be filed. "It seemed like everyone had a ally something we can easily re- In this case, Wiess social coordi- good time. It felt pretty weird to be solve.'' nators Evan Cone and Mackenzie on (the coordinating! side of NOD. According to the sexual harass- Frost simply had to cover up the J.J. Polk dunks a basketball at last Saturday's Midnight Madness, though," Cone said. "There were ment policy in the 1995-96 Rice I 'ni- offending posters in the Wiess Com- sponsored by the Athletic Department and the Student Association. more people inside and dancing than versity Student Handbook, "ex mons and post signs on all commons This year's event included the women's team for the first time. usual, and the theme was good. amples of the kiiTTls of conduct that SEE NOD PAGE S emotional distress case continues professors "conspired together to ensure that George E. Hatoun (Longl would not be offered a promotion for News Editor * The following are excerpts from Ketiy Long's BiU of Particulars. *Plaintiff" refers to Long; tenure." (See excerpts ofthedocurAent at right) "Defendants'are the university and six Rice professors named in the suit: On Oct. 16, Rice filed an Initial Disclosure, The case of a former assistant professor a document identifying 18 university employ- Defendants commented derogatorilyon Plaintiffs attire, her professionalism and her who is suing the university for sexual dis- ees as "individual(s] likely to have discover- expertise. Plaintiff was confronted in a hostile manner regarding activities she did in her crimination and intentional infliction of emo- able information relevant to disputed facts" in tional distress continues in the discovery the case. The list includes the six defendants to her carrying a double toad. Mates in the department werfr frequently granted release phase with accusations being made by the named by Long in the action: time for less substantial loads. During a faculty meeting, Defendant Etnyre sarcastically W plaintiff. • Bruce Etnyre, associate professor, HPER commented on Pfidntiffsrequest.causinghurniliation in front of her colleagues. Plaintiff Kelly Long, a former Human Performance Department, Wis laughingly referred to by Defendants as the "resident nutrition expert," again and Health.Sciences assistant professor, • James Disch, associate professor, HPER degrading her area of profession. Defendant Etnyre repeatedly kept an eye on the time claims that the university* discriminated Department, Plaintiff would enter and/or exit the department; he was not Plaintiffs mentor or against her in its decision to deny her tenure • Frank Bearden, professor, HPER Depart supervisor, nor was Plaintiff late for her schedule. Plaintiff's work papers and computer because of her sex. ment, were invaded by Defendants. Comments were made to Plaintiff that a woman did not She is suing for lost wages, back pay, • Nicholas lammarino, professor, HPER have any opportunities in the department. Comments were made to Plaintiff that compensation of mental anguish and damage Department. decisions were made about departmental affairs at the "faculty meeting," referring to a to career and reputation; she claims that the • Dale Spence, professor. HPER Department I by only males in the«department. A job benefit was given to amale university infentionally inflicted emotional dis- and „ , it but not to Plaintiff; as rationale, it was explained to Plaintiff that he tress on her. • Allen Matusow, former dean of humani- because he had a family to support. 1 The case was originally filed in the civil ties. H addition, Plaintiff would show that some of the discriminatory aptions complained court of Harris County but was remanded to The other Rice faculty and administration > tenure, was not simply a discrimina- the U.S. District Court for the Southern Dis- acited as potential sources of evidence for the , Rather .Plaintiff would show that the trict of Texas because Long claims discrimi- case were: "~ toemurethat Plaintiff would nation under the Equal Pay Act, a federal law. • Hally Poindexter and Eva I>ee — profes offered a promotion for tenure; Further, Defendants, acting in Attempts by Long to get the case sent back to sors in the HPER Department and members _ ... ^ tto the Harris County Court were unsuccessful. of Long's Promotion Review Committee, tenure and further resulting iA tWfe destruction of Plaintiffs career as a teaching In August Long file'd a Bill of Particulars • I^arry Mtsjntire, Richard Sipith, Richard professional at an accretSted university. Defendants did this with the intention of to provide "the exact and precise evidence Stoll, William Veech, James Kinsey, Barry Harming Plaintiff and her career. The egregious acts complained of herein were upon which she bases her claim for inten- Durining, Alan Grob, John Hutchinson and committed knowingly and/or with malice toward Plaintiff. Defendants knew or had tional infliction of emotional distress." Marcia Citron — professors and members of i to know that their design, plan or scheme would create a high risk of harm to The document gives sketchy details of the Promotion and Tenure Committee of the and professionally, and deliberately proceeded to act, in conscious alleged discrimination by HPER Department University Cmnvctt and indifference to that risk. T~ " members. It claims that HPER Department • President Malcolm Gillis. S * mMm* / MittHBi , •••h'' - • :i!' !••' ' r-:: . •' V - :,r-: 1 '; 2 FRIDAV, NOVEMBER 3 - IIP: «.:f . .•••?.. — fb I i Health Services needs more funding, resources to better serve students. 16BTW& Student Health Services is one of the most vital services that Rice offers, yet students who need to be seen by a doctor frequently discover that no openings are available until later in the week. True, Health Services does make every effort to see students as soon as possible and will find ways to squeeze in those whose medical condition warrants immediate attention.