Jacobowitz files suit against U.

Famous for yelling 'water buffalo' at aFamous for yelling 'water buffalo' at agroup of black sorority women, the CollegeFamous for yelling 'water buffalo' at agroup of black sorority women, the Collegesenior feels he was the one mistreated. and Andrea Ahles College senior Eden Jacobowitz is suing the University for personal damages he incurred during the judicial proceedings of the 1993 "water buffalo" incident. The civil lawsuit cites the University for breach of contract, reckless intentional infliction of emotional distress and other damages. On Jan. 13, 1993, Jacobowitz shouted, "Shut up, you water buffalo" out of his High Rise East window to five black sisters of the Delta Sigma Theta sorority. The sisters charged Jacobowitz with racial harassment. Jacobowitz and his attorney, Edward Rubenstone, have initiated a period of discovery -- the first step toward a trial -- during which they will ask for documents from the University. The requested documents include a detailed, 10-page University Police report written the night of the incident, only one page of which was submitted during the 1993 Judicial Inquiry Office hearings, according to Jacobowitz. Jacobowitz said last night he would accept a settlement if the University offers a "fair proposal," which he expects to be in excess of $100,000. But earlier yesterday he said it was his intention to "take it all the way to trial." University President Judith Rodin said she would not comment on the case since the University is currently involved in legal proceedings. But according to University Associate General Counsel Frank Roth, the University has hired attorney Arthur MacAdon to represent it in the preliminary objections. The goal is to prevent the case from going to trial, he said. "The case has no merit and we are vigorously defending it," Roth said. MacAdon said he could not comment on what legal actions the University is taking until a trial begins, but Rubenstone said the University has already submitted preliminary objections to the courts. Jacobowitz is currently trying to prove that the University failed to properly investigate the charges and did not release all the evidence during the proceedings. According to Jacobowitz, upon entering the University all students sign an agreement stating that they will abide by University policies and procedures. This contract also binds the University to uphold these policies, he said. While Jacobowitz admits to calling the women "water buffalo," he says he wasn't given a proper opportunity to make an official apology. "Since the proceedings were eventually dropped, I never got the chance to be proven innocent," he added. "Now I am seeking public vindication because I did not violate any University policy." The case has had a profound impact on Jacobowitz financially and academically, as he was forced to drop two classes during the spring of his freshman year, Jacobowitz said. He added that the incident caused much emotional stress and suffering as well as depression. "I felt alienated from the Penn campus and if I wasn't such a strong person, this case could have caused permanent emotional damage to me," he said. Disciplinary proceedings for the incident began in January 1993 when then-freshman Jacobowitz uttered the now-famous "water buffalo" comment that made national headlines. The five female complainants who charged Jacobowitz with violating the University's hate-speech policy eventually dropped all charges in May 1993. Gloria Twine Chisum, a University trustee who advised the women briefly, said at the time that "they just decided that they couldn't get a fair hearing. They were being savaged." At the time of the incident, all of the appropriate judicial procedures were followed in the investigation, according to Robin Read, the associate JIO in the Jacobowitz case. An internal review of the JIO was conducted by the University in September 1993 and after a year of investigation, the committee found that the University had treated the five complainants unfairly. Known as the Abel report -- released in April 1994 -- it said that Jacobowitz was also unfairly treated by the JIO but it stressed that he had not been injured as much as the women. But the American Civil Liberties Union said then that the Abel report showed a lack of understanding about law and due process on the part of the committee which produced it. On June 21, 1994, an initial civil suit was filed for $50,000 in damages against the University. But Jacobowitz said he was unhappy with his first lawyer, so he obtained an extension on the statute of limitations when he hired a new attorney. History Professor Alan Kors, who advised Jacobowitz during the 1993 proceedings, said this week he is "outraged" at how the University treated Jacobowitz. Kors, who is an ardent First Amendment supporter, was dismayed that the University had ignored evidence he had assembled to show that Jacobowitz had not intended a racial slur.