Rush faces charges

Rush allegedly violated open expression policy, first amendment rights. Director of Police Operations Maureen Rush is under investigation for allegedly violating the University's open expression policy by attempting to prevent members of the University community from expressing opinions on the proposed vending ordinance in separate incidents two weeks ago. Paul Lukasiak -- an administrative assistant in the School of Social Work -- filed charges against Rush with Vice Provost for University Life Valarie Swain-Cade McCoullum, who is responsible for enforcing the open expression policy. The University's open expression guidelines state that "cases involving University staff and or administrators are referred to that individual's supervisor or any other person with supervisory responsibilities." According to these guidelines, the case was referred to Public Safety Managing Director Tom Seamon. He said he is having detectives conduct an investigation and compile a report for Executive Vice President John Fry, adding that he could not comment on the investigation until it is complete. The complaint centers around two incidents during which Rush and University Police officers under her supervision allegedly violated open expression policy. The first occurred on June 19, when Lukasiak and Adam Gilden -- a graduate student in the School of Medicine -- were standing on the sidewalk of 36th Street attempting give members of the University's Board of Trustees invitations to an event at which the trustees could, in the words of the invitation, "learn why Penn's students, faculty and staff are so concerned about the vending issue." "We were prevented from doing so by University Police officers, under the instructions of their supervisor, in a manner that clearly violated both our rights as members of the University community and as citizens of this nation," Lukasiak said. The open expression guidelines protect conduct that does not "interfere unreasonably with the activities of other persons." "At no time did we engage in anything that could be described as harassing, assaulting, or disruptive behavior," he said. "At no time did we act in a manner that would have required police presence -- let alone the active interruption of out activities by University Police." The following day, Undergraduate Assembly Chairperson and College junior Noah Bilenker attended the Sansom Common groundbreaking ceremony wearing a black armband to show his support for local vendors. According to Bilenker, he was getting a soda when Rush approached him and told him that he would have to go to the area designated for protesters if he did not remove the armband. "I volunteered against my will because I knew that was only way she was going to let me stay," he said. "I wasn't accosting anybody and I wasn't there to protest," Bilenker explained. "I was there to talk to trustees and show my support for both Sansom Common and vendors." Bilenker said he was disappointed in how Rush handled the situation but did not file a complaint because he found out that Lukasiak already had. "It's a real shame that when students try to get involved in something as big as Sansom Common, certain people try to say how and when," he said. "We should be allowed to speak out on whatever affects us." Lukasiak said he hopes to see Rush "publicly disciplined," adding that he wants all "all supervisors to be totally familiar with the guidelines and all officers to be notified of what their role is in enforcing open expression policy." "I think she was doing what she thought she was supposed to be doing, trying to maintain order and make sure nobody disrupted the ceremony." Rush could not be reached because she is currently attending a conference, and McCoullum would not comment on the investigation. He said that the depends on how quickly people make themselves available for interviews several members away or on conferences

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