Trustees rebuke U. over 'DP' ruling

'Uncomfortable' that students were let off In a rare public action, the University's Board of Trustees criticized University administrators on Friday for not disciplining nine black students who seized copies of The Daily Pennsylvanian last semester. And, Board Chairperson Alvin Shoemaker said last night, some Trustees had wanted to criticize the University's handling of the case in June, but held off to avoid jeopardizing then-President Sheldon Hackney's nomination to head the National Endowment for the Humanities. Friday's move came during a meeting of the Board's Executive Committee. Acting on behalf of the full board, the committee unanimously passed a resolution criticizing the University's decision not to pursue charges in the April 15 newspaper seizure. "In light of our convictions, many of us are not comfortable that charges against those students who confiscated The Daily Pennsylvanian were dropped and agree that all members of the University community from this time forward must be treated equally," the statement said. Shoemaker said last night that the resolution reflects the views of "a majority" of Trustees – including his own – that the students should have been disciplined but instead were given preferential treatment in the case. Shoemaker said it was "very unusual" for the Executive Committee to release a statement, adding that there have not been "more than two or three" such occasions in the past eight years. Special Judicial Inquiry Officer Howard Arnold, an associate social work professor, decided not to pursue charges against the students, saying "mistakes by students must be seen more as opportunities for education than as occasions for punishment." Interim President Claire Fagin and Interim Provost Marvin Lazerson accepted Arnold's decision. Shoemaker said Trustees waited until Arnold had completed his investigation before speaking out, because "we didn't feel comfortable saying anything as long as there were people's rights being adjudicated." Friday's statement was not without praise for the current administration, though. Trustees lauded Fagin and Lazerson's "recent strong statement on the importance of freedom of speech and freedom of the press and their stand that the confiscation of any publication on campus is wrong and will not be tolerated." The resolution also expressed the Trustees' support of a review of University policies and procedures which the interim administration has promised. "We look forward to reviewing the results [of the review] to ensure that the University's policies and procedures reflect our views as to the fundamental importance of freedom of speech and equal treatment of all University citizens, and to ensure that those responsible for their administration are held accountable for their actions," the statement said. "Penn is a great University, and we will accept no less." Fagin said yesterday that she accepts the Trustees' resolution. "I respect their view. However, Dr. Lazerson and I had to handle the situation and we did it the way we thought we should do it," she said. "I believe that we can have differences of opinion and walk out of the room and still like each other." The resolution, Secretary Barbara Stevens said, was proposed by "a number of the Trustees working together." The board, she said, showed a "general feeling of ... some uneasiness." But Stevens said the statement was meant to be supportive. "The emphasis of the statement is that it's now time to look forward," she said. "It's important for the Trustees to reaffirm their commitment to freedom of expression and it was important to take this opportunity to show their support" for Fagin and Lazerson.