Joke over student's physics exam exam leads to harassment, U. lawsuit

Jonathan Gersch thought his roommate last year, Stanley Schuldiner, was just kidding when he asked Gersch to take his Physics 150 final exam for him in December 1990. Gersch thought that although he jokingly agreed at first to take his roommate's test, Schuldiner would show up in the end to take his own exam. He thought wrong. Schuldiner, then a sophomore transfer student, did not take the physics final and, apparently believing Gersch had betrayed him, embarked on an alleged campaign of vengeance to equal the score. After months of harassment and vandalism attributed to Schuldiner, University officials in late April forced Schuldiner to move out of High Rise North. Schuldiner, in turn, sued the University for allegedly violating his occupancy agreement, breaking the rules of confidentiality several times and causing him various "mental, physical and financial injuries." He lost his lawsuit in Philadelphia Municipal Court in November, but now the slowly turning wheels of justice will carry Schuldiner to at least one more appeal in June before this unusual case comes to a close. · Gersch, a 1991 University graduate, said last week his first inkling that something was wrong came when he found a note that Schuldiner had written to thank him for taking his exam. "No this is not a bribe," said the note, which was entered along with others into the court record for the one-day trial in November. "This is a little thank you gift for a true friend in a time of need. I would have gotten a bad grade, if you hadn't taken the Physics test for me. I will not forget this favor." Then, upon returning to campus after break, Gersch said he found a note from Schuldiner telling him to call his parents in New York and assuring him, "Revenge will be sweet." "Certainly I was alarmed," Gersch said, recalling the day he found the note. Before long, Schuldiner, who is currently listed as a College sophomore at the registrar's office, made good on his promise, according to Gersch and court records. Schuldiner reportedly sent a typed letter in Gersch's name to Elisabeth Levi, a friend of Gersch who was then a College junior, saying that Gersch was "mildly infatuated" with her. Gersch said there were "too many clues in the letter itself" indicating it was a forgery, most notably that Gersch's name was misspelled. When he found a rough copy of the letter on Schuldiner's floor, Gersch said he became convinced his roommate was trying to damage his friendship with Levi. The harassment continued throughout the month and moved into new areas. By the end of the month, Schuldiner reportedly had ordered his roommate more than 30 unwanted magazine subscriptions, dropped several of his classes from PARIS, disconnected his telephone line several times and even deposited human feces and urine outside Gersch's dormitory room door. Court papers say that towards the end of January, Schuldiner voluntarily moved to another room in High Rise North but failed to clear out some garbage from the three-bedroom quad he had been sharing with Gersch. "When I came home later, it was substantially cleaner," Gersch said. "But under further inspection, I noticed stuff behind the refrigerator, in the living room, under his bed. It attracted all sorts of gnats and vermin." Schuldiner, who did not return several messages left at his campus residence this weekend, has consistently denied the allegations of harassment in the past. After months of such alleged harassment, University officials -- including Assistant Judicial Inquiry Officer Robin Read -- decided to move Schuldiner out of his second High Rise North apartment by April 30 and offered him a room in the Law School Dormitory Building. But Schuldiner refused to move to the Law Dorms because he said that would have deprived him of access to a kosher kitchen -- something he alleges the University promised him -- and would have violated Jewish religious law. University officials, however, claimed they did not promise him a kosher kitchen. The University's trial memorandum notes that in the occupancy agreement he signed, Schuldiner only made the following request: "If possible, try to get a kosher roommate." Still, Schuldiner claimed the University had, in effect, forced him to become homeless for 10 days in May and to abandon clothes and books worth $600 by not honoring his request. He also claimed the University gave him only 10 hours notice that he would have to move. Moreover, he claimed he suffered from gastroenteritis because of his exposure to the cold weather during this time. In its defense, the University stressed that Schuldiner was at no time denied alternative housing, and said in its trial memorandum that Schuldiner was seen entering another University dormitory with his belongings. The University also supplied the court with an April 22, 1991 letter from West Campus Assistant Director Nina Shovner that told Schuldiner he would have to move out in just over a week unless he cooperated with a JIO investigation of his alleged harassment. Assistant JIO Read would not comment on the case on Friday. Schuldiner's other complaints include allegations that his Student Health visits and academic records were wrongly reported to the JIO; that University officials disclosed confidential information to his sister Rachel, Hillel Director Jeremy Brochin and others; and that he was wrongly denied access to residential facilities. Last November, Municipal Court Judge Edward Mekel ruled against Schuldiner in his claim, saying the University had not breached its contract and that the $600 damage loss was "incurred as a result of [Schuldiner's] own action in discarding the items." Mekel also ruled against the University on its counterclaim for the $448.50 in vandalism damage the University said Schuldiner committed, saying the University had not established "by a preponderance of the evidence that these damages were caused by" Schuldiner. Schuldiner appealed the ruling and an arbitration board -- composed of three Philadelphia lawyers -- will hear his appeal in June. If he loses in June, he has the right to at least one more appeal.