After spending nearly a year looking for a new Judicial Inquiry Officer, University officials have decided not to hire any of the more than 200 applicants for the job. Larry Moneta, associate vice provost for student life, said in July that none of the three finalists interviewed this summer had the right combination of qualities and experience. "At worst, you'd say they were adequate," Moneta said. "They probably could have done the job." But he said none "really generated the kind of excitement we were hoping for." Moneta said the search will be reopened, and will be national this time instead of local. He said the committee may look for a JIO on other large campuses to find someone who could more easily adapt to the University, and that applicants might come from all over the country. The JIO's office investigates and prosecutes a variety of cases, ranging from cheating by students to complaints about fraternities and sororities. The last permanent JIO, Constance Goodman, stepped down last summer to become associate secretary. Jane Combrinck-Graham, associate director of risk management, was named interim JIO last fall. She recently returned to the risk management department. Goodman, who took part in the interviewing process of the three finalists, said she supports reopening the search, adding that it is "absolutely critical" that the University find the "right person" for the job. The three finalists, winnowed down from a list of ten earlier this summer, were better qualified as a group, according to Moneta. He said he believed the "hybrid" of the three would have produced the "ideal" JIO, but that individually none would work. One finalist has worked in a "judicial setting" on another campus, Moneta said. But he said that candidate only had experience with "typical kinds of violations" and had not handled "controversial cases" or those involving groups. A second finalist was strong on experience, Moneta said, but had only worked at a small college. He said he was concerned that the candidate had not spent enough time on a large campus. A third finalist lacked the experience of the other two, Moneta said. But he said the combination of a counseling degree and a law degree made the candidate appealing, though still not satisfactory. Moneta could not say when a permanent JIO might finally be found. But he said an interim JIO will stay in office through the end of the upcoming school year until a transition process has familiarized the new JIO with the job. Goodman said the next JIO should have an appreciation of various aspects of the University's "culture," including its size, the intelligence of the students, the quality of the education and the level of the faculty. Beyond that, she listed a number of personal qualities she considers important: "good judgement, strong interpersonal skills, ability to be perceptive, good counseling skills, sensitivity, a sense of fairness, faith in another's ability to change behaviors, and a real love of working with students." Moneta said that for now, he will be working with Assistant JIO Robin Read to incorporate new revisions into the University's judicial code. '[None of the candidates] really generated the kind of excitement we were looking for.' Larry Moneta Associate VPUL
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With the antitrust trial of the Massachusetts Institute of Technology now over, a federal judge is currently considering whether MIT broke antitrust laws by agreeing with Ivy League schools on how to define financial need and dispense financial aid. U.S. District Judge Louis Bechtle is expected to make a decision sometime in the next several weeks. If he decides for for MIT, it might lead to a revival of the Overlap Group, a group of 23 private colleges and universities -- including the University -- which had agreements on financial aid policies. A government victory would probably spell its permanent end. Bechtle will have to consider a key question that dominated this summer's two-week trial and has pitted the Justice Department and MIT against each other: Is MIT just another corporation selling a product -- education -- and therefore subject to antitrust laws like any corporation? Or is MIT, like all colleges, a charity whose financial aid practices lie outside the scope of those laws? Thane Scott, MIT's lead lawyer in the case, said during closing arguments in July that giving needy students financial aid is an act of charity by MIT. But Bruce Pearson, the government's chief lawyer in the case, painted a picture of MIT and the other Overlap schools as commercial institutions, which would meet annually to coordinate the "family contribution" paid by students who were accepted at more than one Overlap school. Overlap meetings ended in 1991, after a two-year government investigation of the Ivies and MIT concluded that the agreements were a form of price-fixing. Last spring, the Ivy League schools signed a consent decree agreeing to end the Overlap meetings rather than fight an expensive lawsuit. MIT refused to sign the decree and wound up in court.
A "preliminary" University Police Department investigation has found that University Police officers acted "appropriately" during an incident last month in which several black students said they were harassed, Commissioner John Kuprevich said this week. But Kuprevich also said the internal probe of the High Rise South incident revealed only "one side of the story," adding that "those students have to have a reason for what they are saying about that night." "We have to get more information," he said. "The only way that you work through these issues is fact versus fact - what happened, why did that person take that action and was it justified?" He said he planned to meet with student leaders during the summer to discuss the incident and to improve the relationship between minorities and University Police "if there is any sense of not knowing each other as a community." And Assistant to the President Nicholas Konstan said several minority student leaders who met with President Sheldon Hackney and otehr University officials last month would have another meeting with Hackney in the fall to further discuss the incident and issues of diversity at the University. The incident in question began during the early hours of April 11, when several black students returning from the Delta Kappa Epsilon fraternity's "DKE 'Till Dawn" party gathered in the lobby of High Rise South. In a letter to The Daily Pennsylvanian, Shannon Fiddiman, the president of the Alpha Kappa Alpha sorority and one of the sudents present that night, described the following course of events: As some students talked with friends and others awaited transportation to another event, University Police responded twice to calls describing loud and rowdy behavior in the lobby. Each time, the McGinn Security guard was asked to escort the students out of the building, although neither the guard nor the desk worker told the students that they were causing a disturbance. After the second call, the University Police officers - who were white - apparently told the students they had recevied similar reports and then asked the students to leave, according to several accounts. In her letter, Fiddiman noted that, as a dormitory deskworker herself, she had seen many white students come into a high rise lobby late at night and act as hse and other students had done - without having any problems from University Police. Fiddiman could not be reached for further comment this week. Other minority student leaders, including Black Student League president Martin Dias, also could not be reached. Kuprevich, who attended the meeting between the student leaders, Hackney and other University officials, said he was very impressed with the way the students presented their concerns. "I did not find them to be accusationory," he said. "What I found was some concern, some issues that were well raised. Their willingness to talk about that is 99 percent of the battle, and I think something positive is going to come out of this for both sides." Associate Vice Provost for University Life Larry Moneta said that he plans to let University Police handle the investigation of the incident because it is "predominantly a police matter." But he said he planned to spend the early part of the summer on "fact-finding" about the University's diversity education program an din meetings with Dias to determine ways to make the University more multi-cultural. "I'm focussing more on 'where do we go from here,' and less on 'what did we do wrong,' although both needs to be done," Moneta said.
They are the Greek gods of campus apparel, and they are in constant competition. But for now, the gods are pleased. Mt. Olympus clothing store, previously located on 40th Street, has moved in with jointly-owned University Sportwear to achieve what owner Steve Shore calls "one really great store." Mt. Olympus, which mostly sells Greek letters and accessories for fraternity and sorority members, has moved from its location on 40th Street to the rear of University Sportswear's Spruce Street store. "We've always had a very successful store," Shore said. "People feel this location will work better for them. It's one superstore." But even though Shore seems happy, the management of Greek Central, a nearby fraternity and sorority specialty store, seems gleeful. "We at Greek Central are always happy when our competitors shrink by 50 percent," store manager Joshua Richter said Wednesday. Shore said the move was not related to competition from Greek Central, which opened in March on Walnut Street near 40th Street. "It wasn't a response to Greek Central," he said. "Even before Greek Central, we had seriously considered consolidation of our operation to make it a more focused operation." Shore said the back wall of University Sportswear was removed to make room for Mt. Olympus. Although the expanded store is still smaller than the two stores combined, Shore said students will not see a decrease in variety. "By putting [both stores] into one, we have the full selection of the Penn [clothing] and the full selection of the Greek [items]," he said. He said the elimination of the Penn T-shirts formerly sold by Mt. Olympus has allowed the variety to remain steady. All Mt. Olympus employees will be moving to the Spruce Street location, Shore said. He added that since they will no longer need to worry about opening and closing the store and working the cash register, they can focus on the sale of Greek items. He said the streamlining will allow Mt. Olympus to continue sewing letters onto apparel in one day, and could ultimately allow them to begin offering same-day service.
A man was robbed early Monday morning on the 4000 block of Spruce Street by three to four men armed with a shotgun. But police said they do not believe the crime is related to the robbery of Boccie Pizzeria Saturday night, in which two men wielding shotguns stole about $750 and ordered those in the restaurant to lie on the floor. The incident was reported at 1:55 a.m. Monday night. The victim, who lives in the 4200 block of Osage Street and is not affiliated with the University, said the men fled in a red Toyota. University Police Sergeant Keith Christian said police stopped a car fitting that description later that night, but found that the males involved were not those who committed the robbery. A female University student was the victim of an aggravated assault early Saturday morning when she was struck in the face by a broken bottle near Campus Apartments at 4042 Walnut Street, police said. The student refused medical attention, but described the man as a black male, 25 to 30 years old, 6 feet 3 inches tall, between 180 and 200 pounds and wearing a scruffy beard and moustache. A man attempted to rob the Roy Rogers restaurant at 3901 Chestnut Street yesterday morning. The man later robbed a 7-11 in South Philadelphia and got into a struggle with a police officer who jumped into the man's car as he was fleeing. Police said the man attempted to rob the Roy Rogers at about 6:40 a.m. When the robbery failed, the man fled and at 7:15 a.m., robbed the 7-11 at 2301 Passyunk Avenue of $150, just as a police officer was entering the store. The officer pursued the man to his car and tried to arrest him as he drove away, police said. The man drove onto Passyunk, hitting several parked cars until slamming into a van at a nearby gas station. Police in the area then arrested him. The man was taken to the Hosptial of the University of Pennsylvania, where he was listed in critical condition Wednesday. The officer, who sustained a broken nose and other injuries during the incident, was also taken to HUP for observation. In an unrelated incident, Eisenlohr Hall, President Sheldon Hackney's residence, was burglarized Sunday evening, police said. The unidentified burglar stole a cable box and escaped. There were no signs of forced entry, police said.
Two men, shotguns in hand, robbed Boccie Pizzeria of about $750 Saturday evening, and terrified employees and customers by blasting a hole in the ceiling. After taking money from the bartender and attempting to break into an upstairs safe, the men fled on foot, police said. No one was injured in the robbery, and no arrests have been made. Police described the men as black males, both 5 feet 6 inches tall, wearing dark jeans and wool caps. Police said the men entered the restaurant, located in the Warehouse on the 4000 block of Locust Street, shortly after 10:15 p.m. Several customers had recently come into the restaurant during a late dinner rush. According to police and witnesses, the men walked across the restaurant -- from the Irving Street entrance to the bar area -- and announced they were staging a hold up. When the bartender begged their pardon, the men apparently grew angry. One of the men loudly asked if the bartender thought they were joking. He then walked toward Saladalley Restaurant, which shares space with Boccie, and fired a shot at an airconditioning duct. Tommy Leonardi, a free-lance photographer who attended the University, was sitting at the opposite end of the restaurant when he heard what sounded "like a bomb -- the loudest, scariest noise I've ever heard." "If he was doing it to intimidate us, he did a good job," Leonardi said of the blast. "No one was taking him seriously. [But] once that gun went off . . . ." The men ordered the employees and more than a dozen customers to lie on the ground. Stunned by the shotgun blast, many quickly took cover under tables and chairs. One of the men ordered the bartender to hand over the money in the cash register, while the other headed for a safe in an upstairs office. Fearing that the men might start shooting, Leonardi said he dove behind a table when he saw their backs turned and then crawled unseen into the kitchen. "I had no reassurance that I was going to be safe if I cooperated," Leonardi said. "There have just been too many incidents. I just thought, 'Oh my God, I've just got to get the hell out of here.' " Once in the kitchen, Leonardi said, he encountered several employees who apparently did not know what was happening. He then ran onto Irving Street and called Public Safety from a house on 41st Street. Leonardi, who was at Boccie with a friend, said he was "picturing the worst" while getting help. He said he imagined returning to the restaurant to find police sifting through "blown-off body parts." "It didn't seem to me like they were going to rob the cash register," he said. "They just happened not to kill anybody." Sue Basiura, the general manager of Saladalley, said the robbery has left many Boccie employees dazed and shaken up, particularly the bartender. Basiura said she was concerned that the robbery was a "targeted incident" which someone -- possibly a former employee -- set up after learning how Boccie operates. Basiura said the perpetrators appeared to know the location of the restaurant's safe. The men apparently knew to climb the stairs on the Saladalley side of the restaurant, not the Boccie side, in order to reach the office door. Basiura said an assistant general manager, who saw what was happening from upstairs, locked the office door and tripped the silent alarm before fleeing through another door. The man ripped off the office door but could not gain access to the safe, Basiura said. She also noted that the robbery occurred about 15 minutes after nearby stores, including Saladalley and Urban Outfitters, closed for the night, suggesting the timing was planned. In the wake of the robbery, Basiura said officers from either University Police or Philadelphia Police will check on the restaurant every half hour to 45 minutes throughout the day. Boccie will also be updating its alarm system to include more "panic buttons," she said.
The Veterinary School received a boost last Thursday when representatives of Pennsylvania's farmers expressed their support for the school's imperiled $15.3 million state appropriation. At the "Save the School of Veterinary Medicine" meeting in Harrisburg, dairy farmers and livestock breeders joined University officials in calling on state legislators to approve the funding when they return in the fall. They warned that an end to the state's support of the Vet School -- which will operate with a sizable deficit next year unless the money is restored -- would cause long-lasting harm to the state's agricultural community. The show of support comes at a time of growing uncertainty for the Vet School. University officials say that without the state aid, which accounts for more than 40 percent of the school's annual budget, the school could eventually be forced to close. But Gov. Robert Casey, who first called for an end to state aid for the Vet School -- along with an end to the rest of the University's $37 million appropriation -- in his February budget proposal, remains opposed to funding for the school. Sue Grimm, a Casey budget spokesperson, said Tuesday that the University should find ways of cutting its expenses in other areas to make up for lost state money, rather than rely on the state to support the school. Keith Eckle, president of the Pennsylvania Farmers' Association, which sponsored the event, called the state legislature's decision not to include the funding in its recent budget "a short-sighted approach to good government." "One unchecked health outbreak among farm animals or poultry would eliminate any financial gain by the state," he said, noting that research done at the Vet School has had significant impacts on the state's poultry, pork and dairy industries. He said while there is "nothing wrong" with trimming state spending, "there are programs that are good for all citizens that must continue to be financially supported with tax dollars, because of their importance to the total society." Vet School Dean Edwin Andrews said those at the meeting have formed a committee to study ways "to get legislators activated" in the hope that the legislature may decide to restore the school's funding when it reconvenes after the summer recess. He said that while University officials have spent the past several months lobbying for the school's funding, the addition of the farmers could add legitimacy to that effort. "It's one thing for us as a school to tout how great we are," Andrews said. "It's another thing for the user community to spontaneously come to the aid of an institution, and that's basically happened with this meeting." But Grimm said the support of the farmers will not change Casey's stance on funding, even though several legislative leaders have suggested that they may support the passage of funding bills for the school in the fall. She said Casey believes the state needs to devote its resources to funding public education rather than private universities. Ten other private universities also lost state funding this year. Reflecting the concern of other University officials who interpret Casey's stance to be philosophically-driven and permanent, Andrews said the committee will also investigate ways of funding the Vet School in the long term. Beyond its effect on the lobbying drive, last Thursday's meeting also provided the Vet School with a much-needed morale boost. Andrews said faculty who attended the gathering were "very positively reinforced" by the group's support. The uncertainty of the school's future already appears to be producing an effect on students and faculty of the school. Andrews said his staff noticed of "a lot of uneasiness" from students at orientation and interviews. Other groups represented at the meeting included the American Veterinary Medical Association, the National Institutes of Health, the American SPCA, and the Pennsylvania Federation of Dog Clubs.
and MICHAEL SIROLLY The University has reached a settlement with a former Wharton professor who sued the University over sexual and racial discrimination in a bitter seven-year case which ultimately involved the U.S. Supreme Court. In a statement, the University says that the settlement, reached June 26 with former Associate Management Professor Rosalie Tung, was "concluded on terms agreeable to both parties, and without any findings or admission of fault of liability." The statement, printed in an advertisement in this week's Summer Pennsylvanian, does not specify or even hint at the terms of the agreement. Tung, now teaching at the University of Wisconsin at Madison, could not be reached. Wharton news officer Michael Baltes referred all questions to General Counsel Shelley Green, who did not immediately return a phone message. The fight began in 1985 when Tung was denied tenure. She challenged the denial, filing a complaint with a faculty grievance panel. The panel found that a number of procedural irregularities resulted in a flawed review of her tenure bid. Claiming employment discrimination, Tung, who is black, then took her complaint to the federal Equal Employment Opportunity Commission in the late 1980's. The EEOC began investigating Tung's charges of sexual and racial discrimination. But the agency soon ran into trouble when the University refused to provide the EEOC with Tung's complete tenure file. In January 1990, the U.S. Supreme Court ordered the University to submit the confidential peer reviews to the EEOC. The University then supplied the EEOC with files, but with a twist: the files were redacted, or altered to erase names and other identifiable. This drew criticism from the EEOC officials who claimed that the redaction rendered the files incomplete. The redaction, which the University defended on the grounds that the files were confidential, led some on campus to criticize the University for fighting the EEOC's request all the way to the Supreme Court. The case had remained fairly quiet in recent years. There had been no publicity surrounding the case for some time prior to last month's settlement. The statement reads: "In 1985, Roaslie Tung, then an Associate Professor, was denied tenure by the Wharton School, University of Pennsylvania. After considering her complaint, a Faculty Grievance panel concluded that certain procedural irregularities had occurred. The Panel further concluded that these irregularities, although not individually significant, when taken collectively result in a flawed review of Dr. Tung's qualifications. The University administration accepted this conclusion and agreed that the review process did not result in an adequate review of Professor Tung's performance, qualifications and credentials."
Penntrex "students of record" were not a happy lot. These were the unlucky people responsible for collecting money from roommates and paying their room's telephone bill each month. For them, the arrival of the Penntrex bill each month marked the beginning of a struggle to track down payments from roommates, whose crazy schedules and procrastinating ways sometimes made that seem like an impossible task. In some cases, it was so bad that students quarreling over the bill never managed to come to terms, instead relying on the Judicial Inquiry Officer to resolve the dispute for them. But now, those days are gone. Penntrex has abandoned the system of three-digit roommate identifcation codes, or RIDs, in favor of new six-digit private authorization codes, or PACs, which will allow Penntrex to bill students individually for their own long distance calls. One student in each dorm room must still sign on as the student of record to pay for certain services which cannot be itemized. These include the monthly line charge, voicemail, operator-assisted calls and collect calls. But Penntrex manager Darien Yamin believes the new system will make billing smoother for both students and Penntrex. He said long distance calls are the single biggest part of each phone bill, meaning the student of record will have to collect less money each month. Previously, the entire bill appeared on the student of record's bursar bill. Now, only the basic costs and his or her long distance charges will appear there. The other roommates' long distance charges will appear on their own bursar bills. Yamin said Penntrex adopted the new system partly as a result of complaints from students and parents about the difficulty in collecting money. But he said the new system does not offer RIDs, so Penntrex either had to adopt the PAC method or end itemizing long distance altogether. One advantage of the PAC, according to Yamin, is that the new method will require itemized long distance records. With RIDs, students could choose whether or not to have RIDs. Prior to the switch July 18, students could require callers using their phone to enter "20" and a three-digit RID before making long-distance calls. Long distance calls were broken down by RID in each bill. But even for phone lines with RID, residents did not always have to dial an RID code first and, moreover, the system would accept any three numbers after the "20." All of this made RIDs less than completely effective at itemizing long distance calls. But with the new system, every campus resident -- including students living in singles -- must use their PAC when making long-distance calls. After dialing "9" and the number, a double beep will prompt callers to enter their personal PACs. Unlike before, residents must always use their PAC and they may use only the code to which they are assigned. Unless a roommate tells others his or her PAC, students can no longer just key in random codes to call long distance from a friend's room. He said he realized students living in single room's might be annoyed at having no choice regarding PACs. But he said that with 75 percent of the 4200 Penntrex student lines using RIDs, there seemed to be sufficient demand. Yamin said the system has the ability to let students use their PACs from any phone on campus, but said Penntrex has no plans of implementing the option in the near future. He cited potential problems in tracking abuse. Penntrex will generate PACs for students once they or a roommate return the telephone activation form. Students can pick up their PACs at the Palestra during CUPID, and at Penntrex.
Until recently, anyone in Pennsylvania who was under 21 and caught holding a beer faced a possible criminal conviction. But a decision handed down by the state Supreme Court this month now requires that police officers have the beer chemically tested -- in order to prove that it contains at least one-half of one percent alcohol -- before a conviction is made. But while law enforcement officials across the state are in an uproar over the decision, University Police Commissioner John Kuprevich said this week that the ruling will not have a tremendous effect on the University's approach to underage drinking. "As far as the law goes, it really doesn't have a high impact on us, because the way we've handled things up to this point has been more internal than external," he said. Still, the controversial ruling has angered rural police departments, who say they cannot afford expensive lab analysis of beer. State lawmakers say they are already at work to close the new "loophole," which they say waters down one of the toughest underage drinking laws in the nation. Minors in Pennsylvania risks having their driver's licenses suspended for merely possessing alcohol. Meanwhile, it is unclear how the ruling will affect efforts by state police to enforce the drinking age at area bars. But it appears that besides issuing citations, police will have to test the beer before getting convictions. During a raid of a bar, for example, police would presumably have to tag and confiscate each container of beer, keeping track of which container came from which customer. Then police would have to take the beer to a lab and analyze it in order to make sure it is, in fact, beer. The court's ruling suggests the smell and taste of beer are not enough to distinguish it from a non-alcoholic brew. The ruling has led some on campus to assume that University undergraduates, most of whom are under 21, will now face fewer risks in drinking or that the University will have a harder time enforcing its underage drinking policy. University officials, however, said that the ruling will have little effect because the University usually handles cases of underage drinking through its internal judicial system, rather than by referring students to the criminal system. State alcohol laws do not apply to University's judicial system. Larry Moneta, associate vice provost for student life, said he believed that while the police "may have their hands tied," the University can continue to use its judicial process, where "far and away the majority" of underage drinking cases are handled. He also noted that police departments and other groups are now pushing the legislature to revise the laws to counteract the ruling. Kuprevich said that the "seriousness" of the case determines whether University Police officers make an arrest or simply refer the case to the Judicial Inquiry Officer. Such arrests might occur in cases involving assault or something "beyond possession of alcohol," he said. "Arresting and going through the criminal process is an option and we will use it when approrpriate," he said. In those cases, he said the University would comply with the court's ruling on alcohol testing. But in most cases, he said the University's goal is to educate students about alcohol use so that if they choose to drink, they will not hurt themselves "physically or educationally." But, he added, "We don't expect to see them out on Locust Walk with alcohol." The state Supreme Court ruling stems from a case involving the Tau Kappa Epsilon fraternity at Penn State University, which was charged six years ago with serving alcohol to minors. The fraternity lost its case in both Common Pleas Court and Superior Court, but won on appeal to the state Supreme Court. In that 5-2 ruling, the court ruled that officer testimony was not enough to uphold underage drinking convictions and that chemical analysis was also necessary.
After spending nearly a year looking for a new Judicial Inquiry Officer, University officials decided last week not to hire any of the three finalists selected for the job. Larry Moneta, associate vice provost for student life, said none of three candidates, who were chosen from a pool of about 250 applicants, had the right combination of qualities and experience. "At worst, you'd say they were adequate," Moneta said. "They probably could have done the job." But he said none "really generated the kind of excitement we were hoping for." Moneta said the search will be reopened, and will be regional this time instead of local. He said the committee may look for a JIO on other large campuses to find someone who could more easily adapt the University, and that applicants could come from all over the country. The last permanent JIO, Constance Goodman, stepped down last summer to become associate secretary. Jane Combrinck-Graham, associate director of risk management, was named interim JIO last fall. She recently returned to risk management. Moneta said he hoped to name a new interim JIO by next month to oversee the office, which investigates and prosecutes a variety of cases, ranging from cheating by students to complaints about fraternities and sororities. Goodman, who took part in the interviewing process of the three finalists, said she supports reopening the search, adding that it is "absolutely critical" that the University find the "right person" for the job. "The JIO is the person who speaks to the standards of behavior at the University," she said. She said she would consider becoming interim JIO, if asked, "in order to help the University." But while acknowledging a continuing interest in the judicial process, she said she has not thought about whether she would like another stint as permanent JIO. Goodman said the next JIO should have an appreciation of various aspects of the University's "culture," including its size, the intelligence of the students, the quality of the education and the level of the faculty. Beyond that, she listed a number of personal qualities she considers important: "good judgement, strong interpersonal skills, ability to be perceptive, good counseling skills, sensitivity, a sense of fairness, faith in another's ability to change behaviors, and a real love of working with students." The three finalists, winnowed down from a list of ten, were better qualified as a group, according to Moneta. He said he believed the "hybrid" of the three would have produced the "ideal" JIO, but that individually none would work. One finalist has worked in a "judicial setting" on another campus, Moneta said. But he said that candidate only had experience with "typical kinds of violations" and had not handled "controversial cases" or those involving groups. A second finalist was strong on experience, Moneta said, but had only worked at a small college. He said he was concerned that the candidate had not spent enough time on a large campus, such as the University's. A third finalist had none of the experience of the other two, Moneta said. But he said the combination of a counseling degree and a law degree made the candidate appealing, though still not satisfactory. Moneta said that for now, he will be working with Assistant JIO Robin Read to incorporate new revisions into the University's judicial code. Since most students are not on campus, the JIO office has had a lighter workload this summer, he added. Moneta could not say when a permanent JIO might finally be found. But he said the interim JIO will stay in office through the end of the upcoming school year until a transition process has familiarized the new JIO with the job. Despite last week's outcome, Moneta praised the work of the search committee for doing "an absolutely stellar job." But he said many of the applicants were lawyers who had no experience in higher education and were never really considered for the job. Assistant Vice Provost Barbara Cassel, who chaired the search committee, was on vacation and could not be reached.
During the antitrust trial of the Massachusetts Institute of Technology two weeks ago, lawyers debated whether students would be better off if top universities did not meet to determine financial aid. A partial answer emerged: Some are already better off. Stanley Hudson, MIT's financial aid director, testified that several students said they were offered more financial aid by Ivy League schools than by MIT this year. Aid directors at some Ivy League schools are also noticing a new phenomenon since financial aid meetings between MIT and Ivy League schools ended last year. William Schilling, the University's financial aid director, said between 30 and 35 students accepted by the University this year called with news that another Ivy League school had offered a more attractive aid package. Jim Miller, Harvard University's financial aid director, reported a similar experience. He said his office has seen "a larger divergence" than in the past between Harvard's aid awards and those of its Ivy League rivals. And Caesar , associate director of undergraduate financial aid at Yale University, said a number of students had asked Yale to hike its aid package to meet more enticing offers from other schools. All three said the small number of disgruntled aid recipients is not causing a problem . . . yet. But they agreed that some schools might use money as bait for prospective students someday, even though all three said their schools would not. "We want to be as clear as we can that we're not playing that game," Miller said. "We will only respond to people with legitimate financial concerns." From the 1950s until last year, MIT and the Ivy League schools -- known together as the Ivy Overlap Group -- jointly determined financial aid. The federal government, however, considered it a form of price-fixing and a violation of antitrust laws. Only MIT pursued the case to trial. The Ivy League schools, including the Univerity, stopped meeting to avoid a lawsuit from the Justice Department. U.S. District Judge Louis Bechtle is expected to announce a verdict in the antitrust case within weeks. The outcome of the trial will likely determine Overlap's future. A government win would probably mean no more meetings, but a judge might let the financial aid agreements resume if MIT prevails. The agreements were designed so that a needy student admitted to more than one of the Overlap schools would receive roughly the same amount of aid from each school, letting students choose between them for academic or other reasons. Now schools risk losing students if another college offers more financial aid money. Harvard's Miller said "there is certainly that fear. I'd be less than truthful if I said we don't do it with some trepidation, but we do it." Now that former Overlap members can no longer cooperate on financial aid in general or on specific cases, aid awards have begun to vary more than usual. "The biggest difference is that we used to be able to talk about a case as if we were one big financial aid committee," Storlazzi added. "Now we're seeing the differences after the fact." This year, Hudson said he could not understand the larger amounts of some aid awards from schools such as Yale, Princeton and Cornell. Without the Overlap agreements, schools might be using a different definition of financial need. One of the arguments made by Overlap supporters -- including MIT lawyers -- is that the absence of guidelines for schools will increase the temptation to change policies. Ultimately, supporters argue that Ivy League schools will begin offering merit scholarships -- barred under Overlap -- in order to stay competitive with each other. But Schilling said he would be "surprised" if there was a move among Ivy League schools to merit-based aid. "There is at Penn a strong committment to need-based aid and we would be reluctant to part from it," he added. Echoing lawyers for MIT, Miller criticized merit scholarships because of their drain on need-based financial aid. "A merit scholarship program to my mind is a zero-sum proposition," Miller said. "If we're giving them on merit, we're taking them from somebody else [with need]." Schilling said that this year, the University tried to get "as close as possible to the other award if we could understand some basis for why the difference was there." In many of those cases, Schilling said the Overlap meeting would have brought the University's award more into line with the others. But he said now the only way to see whether the aid should be changed is to look at the University's own file. Storlazzi said this change has forced aid officials to make "informed guesses" on whether the other school had a good reason for offering either less or more. "We take a look at the application to see if there is something we overlooked, like an unusual expense," he said. "If we can't see that any change would be appropriate, we're not going to make a change."
They have only just begun to fight. University administrators say they are not ready to give up on tehir quest for stae funding for the Veterinary School, even though Gov. Robert Casey recently signed a new budget that includes none of the $16 million the school received from the state last year. They may have lost the battle, but they claim they haven't lost the war. They express hope about Casey's request that lawmakers pass additional spending bills when they return from their summer holiday, even though the governor has stated his opposition to any state funding for the University, including the Vet School. "We think and continue to believe that when legislators come back to recraft the budget, the legislature will rpovide funding for the Vet School," said Stephen Golding, the University's budget director. Until then, he said administrators have no plans to discuss whan an end to state funding might mean for the Vet School's continued survival. "It would be premature on our part to take any definite action until we have gotten a clear response from Harrisburg," he said. "We are left to continuation of the waiting game until the final budget is put to rest October 15." "Once we know, then I think we will have to begin making some very tough decisions dependent upon the level of funding or lack thereof. But we can't really address those questions until the Commonwealth has spoken." Of all areas at the University receiving state aid, the Vet School's portion of the University's $37.6 appropriation accounts for more than 40 percent of the school's annual operating expenses. If the legislature does not restore the Vet School's funding, Golding said the University will have to "seriously consider what kind of relationship it can have with the Vet School going forward." Golding said the University at that point will have to "investigate alternatives, if there are any." Vet School Dean Edwin Andrews has suggested in the past that without financial support from the state, the Vet School may have to close in a few years. Golding said that other less drastic moves, such as auctioning the school off to the highest bidder or turning the school into a joint venture with the state, might be a better alternative to closing it outright. But he added any such option would have to be looked with "the best interests of the University" in mind. Echoing the cries of other University administrators lobbying for the Vet School's funding, Golding said the school's benefits to the state far outweigh the $16 million which the state provided the school last year. "What the Commonwealth has lost sight of is they have a tremendous benefit here," he said, noting the state receives world-class veterinary research and services for just "40 cents on the dollar." "There isn't any state in the country that pays for the existence of a vet school that gets that, that gets that kind of a premium," he said. The Vet School is the only one of its kind in Pennsylvania and along with Tufts University, one of two private vet schools in the country.
A 29-year-old man was stabbed to death early Friday morning during a fight near 43rd and Pine streets, police said. And in a separate incident, a University employee was raped and robbed Monday afternoon in her home in the 4200 block of Osage Street, according to University Police. In the first incident, John Griffieth died after a second man, seen arguing with Griffieth just moments earlier, stabbed him several times in the upper body, Philadelphia homicide detectives said. Griffieth was not affiliated with the University. Police have made no arrests in the murder and do not have a definite motive, but detectives believe the assailant may be the 18-year-old male who was seen arguing with Griffieth. After the stabbing, Griffieth was taken to the Hospital of the University of Pennsylvania by his girlfriend, police said. He was pronounced dead at 3:50 a.m. The rape and robbery occurred at about noon Monday after an unknown man entered the University employee's residence through a propped door, police said. He escaped in a car belonging to a friend of the victim. The woman was taken to Thomas Jefferson University Hospital for treatment, according to Lieutenant Susan Holmes of University Police. Holmes said she did not know if the woman sustained any additional injuries during the attack. Philadelphia detectives and University Police are conducting an investigation. No one has been arrested in connection with the crimes. In another incident, an individual affiliated with the University was robbed of $43 at gunpoint Sunday evening in the 3300 block of Walnut Street, police said. Police stopped an individual moments later near College Hall, and identified him as the alleged perpetrator. Searching the area near the Music Building, police recovered a fully loaded 9 mm gun which they believe was used to commit the robbery. Early last Wednesday, at 7:15 a.m., a resident at the Zeta Psi fraternity house, located at 3337 Walnut Street, was startled to find an intruder who had gained entrance through an open first floor window, police said. After the intruder fled the house with a power drill in hand, the resident chased the intruder across Hill Field and onto the campus of Drexel University before giving up the chase, according to police. Later that morning, just after 10 o'clock, police stopped a man fitting the intruder's description near 33rd and Market streets, and found him in possession of a bike belonging to a resident of the fraternity house. The man was charged with the burglary. University Police reported at least eight other burglaries in the area last week, including the burglary of the Psychology Department office, at 3815 Walnut Street. Police said someone broke in during the night Wednesday and stole $600 from an unlocked desk drawer.
With the antitrust trial of the Massachusetts Institute of Technology now over, a federal judge must decide if MIT broke antitrust laws by agreeing with Ivy League schools on how to define financial need and dispense financial aid. U.S. District Judge Louis Bechtle is expected to make a decision sometime in the next several weeks. A win for MIT might lead to a revival of the Overlap Group, a group of 23 private colleges and universities which had agreements on financial aid policies. A government victory would probably spell its permanent end. But before reaching a verdict, Bechtle will have to consider a key question that dominated the two-week trial and has pitted the Justice Department and MIT against each other: Is MIT just another corporation selling a product -- education, in this case -- and therefore subject to antitrust laws like any corporation? Or is MIT, like all colleges, a charity whose financial aid practices lie outside the scope of those laws? Thane Scott, MIT's lead lawyer in the case, said during closing arguments last Thursday that giving needy students financial aid is an act of charity by MIT, adding it is "not wise to impose commercial rules on charitable institutions." "MIT's function is to teach, build and discover . . . . In the eyes of the Antitrust Division [of the Justice Department], such an institution is indistinguishable from a manufacturer of toaster ovens or porcelain fixtures." But Bruce Pearson, the government's chief lawyer in the case, painted a different picture of MIT and the other Overlap schools, which would meet annually to coordinate the "family contribution" paid by students who were accepted at more than one Overlap school. "Nothing can be more commercial than the price an organization charges for goods and services," Pearson said in his summation. "And family contribution [towards tuition] is the price." Overlap meetings ended in 1991, after a two-year government investigation of the Ivy Overlap Group -- which included just MIT and the Ivy League -- concluded that the agreements were a form of price-fixing. A government probe of 14 Overlap schools outside the Ivy League continues. The focal point of Overlap each year was the spring meeting. School officials would swap proposed aid packages for commonly accepted students and attempt to "meet in the middle" before sending out aid packages to students. Last spring, the Ivy League schools signed a consent decree agreeing to end the Overlap meetings rather than fight an expensive lawsuit. MIT refused to sign the decree and wound up in court. One reason MIT decided to fight the case alone -- spending an estimated $1 million in the process -- was its conviction that MIT broke no laws, even if the antitrust laws are applied in this case. Scott argued that MIT did not "make a dime off Overlap," challenging the government's assertion that in raising the average price students paid to attend, Overlap also raised revenues. Instead, cooperation at Overlap was designed to avoid bidding wars among rival schools for the best students, Scott said. He said any money MIT might save by raising one student's required family contribution would be used to increase aid for a poorer student, leading ultimately to "revenue neutrality." Scott praised Overlap's effects, noting that the agreements supported socio-economic diversity because the "high-need" student population includes many minorities. "It was to these students that the Overlap message was addressed: pull yourself up by your boot straps and we will be there for you," he said. "Overlap gave students hope." But Pearson challenged MIT's "social policy defense." He said that such an argument is irrelevant in antitrust cases and, moreover, that minorities were actually harmed by Overlap. Pearson cited evidence that MIT's cost for minorities was higher after Overlap meetings than it would have been using just the federal formula. And he said the number of minorities at MIT and Princeton, whose former presidents defended Overlap during the trial, decreased during the 1980s. Pearson also argued that the Overlap agreements -- which included a common pledge to give aid only on the basis of need rather than merit -- could not be justified on the grounds that schools lacked the money to compete for students. He said that merit aid "does not bust the bank" and quoted the size of MIT's $1.5 billion endowment while noting that the school's financial aid budget is only a "small fraction" of its $1 billion annual budget.
and MICHAEL SIROLLY And the Trustees said, "Let there be light." At Thursday's meeting of the Trustee committee on Facilities and Campus Planning, Trustees debated whether a proposed six-story hospital building on 36th Street near Spruce Street would block sunlight from student rooms in the lower Quadrangle, and also from an outdoor plaza for hospital patients to be constructed behind the building. "I don't think the trees or the patients will get any light," said Bruce Graham, a 1949 alumnus of the School of Architecture. But another Trustee thought that was all for the best. "Well, I understand the sun isn't too good for you these days," he quipped, and the room erupted in laughter. "I was thinking of the trees," Graham replied. The permanent building will work as a swing space for the Hospital of the University of Pennsylvania, allowing the relocation of departments while areas of older buildings are renovated. After the renovations are complete nearly two decades later, the building can be used for other puposes. The Trustee committee was unable to resolve the sunlight issue, but tenatively approved the plans, somewhat grudgingly. The committee was scheduled to discuss the forthcoming Locust Walk bicycle ban, but ran out of time. The controversial issue did figure in to discussions of the campus plan for the next 30-years, though. Planning Director Robert Zemsky outlined how the 30-year plan would be presented to Trustees later this fall, and what it would include. One trustees asked if the plan would include a discussion of campus transportation in the future, including cars, pedestrians and bicycles. Zemsky said it would include two of the three, but bicycles would not be discussed. "A campus plan that has a talk about bicycles right now would be a tinderbox locally and a wonderful campus plan could go down the tubes over a talk about bicycles," he said. "If you want a fist fight, go talk about bicycles." Trustees at the Budget and Finance Committee meeting Friday discussed the future of the University's $1 billion capital campaign. Development Vice President Rick Nahm told Trustees that the campaign is now four-fifths over -- with over $800 million pledged -- and well on its way to completion ahead of schedule. Trustees at the Student Life Committee meeting last Thursday reacted favorably for the most part to an updated presentation of the the new campus center's latest design. Greg Clement, an associate partner with the architectural firm Kohn, Pedersen and Fox, delivered a slide show presentation of the building, which will be built on the north side of Walnut Street between 36th and 37th streets. According to Clement, construction on the center could begin next July once construction drawings are completed and bids are taken. Construction would last two years, meaning the center could be ready sometime during summer of 1995. The overall design of the center has not changed significantly over the past several months, but Clement said several changes might be made in the space allocation within the building. The most important change currently under discussion is moving the Women's Center, along with student life programs and health education resources, from the third to the second floor. Vice Provost for University Life Kim Morrisson said yesterday that the proposed location change seemed like a good response to concerns raised by several people that the third-floor space for the Women's Center was inappropriate and inaccessible for students. Besides space allocation, a primary concern for the trustees seemed to be student access to the building. Several said they worried that heavy traffic on Walnut Street, combined with the "unfriendly" facades of buildings on Walnut Street's south side, might make the center less inviting to students. Clement said one plan to reduce traffic on Walnut would be to make 36th Street one way northbound, thereby eliminating all cars which currently turn onto Walnut from 36th. But he noted that would require the city's approval. He also mentioned the idea to eliminate a parking lane on Walnut to create wider pedestrian zone. That idea, which is not new, would help "humanize" the stretch on Walnut between 34th and 38th where barren facades front the sidewalk, he said. Several trustees inquired about the possibility of building a pedestrian bridge over Walnut so students would not have to cross the street. One even asked if Walnut Street itself might be entirely lowered to get rid of traffic. Clement said the bridge had been considered but dismissed, noting that a bridge "can be very alienating as well as tying." He said lowering the street was not a feasible option. In other committee meetings, Trustees discussed both how the University will change in coming years, and where the money will come from to change it. (CUT LINE) Please see TRUSTEES, page 4 TRUSTEES, from page 1
Valarie Swain Cade, a longtime minority affairs administrator at the University, rejected an offer Monday to become Cheyney University's permanent president -- three days after indicating she would take the job. Cade, who has been on leave from the University since becoming Cheyney's acting president last September, is expected to return to the University as assistant provost and assistant to the president, according to officials at the University and Cheyney. Tennessee educator Douglas Covington, who was passed over in favor of Cade last week, was appointed president of Cheyney -- the oldest historically black college in the country -- on Tuesday. In a letter to James McCormick, chancellor of the State System of Higher Education, Cade, 39, cited concerns about the length of her proposed three-year contract and Cheyney's long-range efforts to reduce its debt in explaining her withdrawal. Cade's change of heart over the weekend came as a surprise to SSHE officials who believed they had found a new leader for Cheyney. Many officials attended a reception Friday evening, where Cade was introduced to as the president-designate. Cade, who was selected by the board of governors of SSHE Friday afternoon, could not be reached for comment. Tony Bullett, Cade's executive assistant at Cheyney, said Cade accepted the job Friday afternoon, but ultimately decided to decline the offer after reconsidering her decision over the weekend. Chief among Cade's concerns, Bullett said, was that a lingering budget deficit would hinder Cheyney's development and that SSHE was not prepared to help eliminate that deficit altogether. Cade said in her letter to McCormick that Cheyney had reduced its deficit from $6.8 million two years ago to $4.2 million this fiscal year. But Bullett said Cade still felt Cheyney would have "a cloud would be hanging over its head." Cade also had wanted a five-year contract to "send a message" that there would be "stability at the top," said Bullett, noting that several recent presidents of Cheyney have remained in office only a short time. "These are concerns she had raised throughout," he said. "The more she thought about what she needs to do at [Cheyney], she realized she was always going to be constrained by the deficit. It became more what was good for this university than what was good for Valarie Cade." Scott Shewell, a spokesperson for SSHE, said Tuesday that Cade will serve at Cheyney through August 1. Before taking a leave of absence from the University, Cade handled a variety of tasks for the administration, ranging from minority affairs, capital planning and space allocation. Linda Koons, executive assistant to Provost Michael Aiken, said she is "under the impression" that Cade will return to the University though she has not heard definitely. Koons said that Cade's duties have been covered jointly by Allen Green, director of the African American Resource Center, and Jean Morse, deputy associate dean of the College, since she became Cheyney's acting president.
The Massachusetts Institute of Technology will stand trial today on charges that it violated antitrust laws by conspiring with other schools to fix student financial aid packages. The University is not directly involved in the trial, but an MIT victory might eventually allow the University and other schools to share more financial aid information with each other. The federal government alleges that MIT engaged in price fixing, and reduced competition, by sharing proposed student aid packages with Ivy League school officials in order to coordinate aid offers and avoid bidding wars for students accepted at more than one of the schools. MIT argues, however, that antitrust laws do not restrict private colleges from collectively deciding how to distribute financial aid money, and insists that meetings are the best way to insure the money goes to students who need it most. Unbridled competition for students, MIT asserts, would prove more damaging in the long run because it would likely force schools to offer some students more than they need, decreasing the amount of aid available to truly needy students. The government apparently has not bought this argument, noting in a memorandum filed earlier this year that "MIT's defense that price fixing is necessary to achieve a social policy goal must also be rejected." The trial grew out of a two-year investigation by the Justice Department into the practices of MIT and the eight Ivy League schools -- known collectively as the Ivy Overlap Group -- of swapping aid packages and formalas for determining aid. Last summer, the University and the seven other Ivy League colleges -- Brown, Columbia, Cornell, Dartmouth, Harvard, Princeton and Yale -- reached a settlement with the government to avoid expensive and protracted litigation. The schools signed a consent decree forbidding them from meeting to share financial aid information for a ten year period. None of the schools conceded any wrongdoing in the decree. Of the schools, only MIT refused to sign the decree, and the Justice Department, led by then-Attorney General Dick Thornburgh, pursued the case against MIT. A question has emerged during MIT's lone fight: if MIT wins, will that invalidate the consent decree and allow the schools to resume trading financial aid data? Arthur Makadon, a lawyer for the University, said last month that an MIT victory would have "no legal effect" on the consent decree. He said the schools bound by the decree would have to ask a judge to amend the agreement, but that it was "not absolutely clear" that a judge would do so, even if MIT prevails. The government is awaiting the outcome of the lawsuit before proceeding against other schools it has investigated for possible price fixing. Those schools are part of the broader Overlap Group, consisting of 23 elite private colleges. The trial is expected to last two weeks. MIT asked U.S. District Judge Louis Bechtle last year to move the trial to Boston, where MIT is located and the financial aid meetings in question took place. Bechtle denied the request.
State Representative Harold James (D-Phila.) has proposed an amendment to a state House spending bill that would freeze any state funding the University might receive until it increases the number of Mayor's Scholarships it awards. James, one of the University's most outspoken critics on the scholarship issue, proposed the amendment because he thinks the University is trying to delay scholarship discussions. "I think they're stalling, until after the budget's passed," James said Tuesday night, suggesting the University would then feel less beholden to him and other area state representatives. "That's why I went with the amendment." Executive Vice President Marna Whittington disputed that assertion yesterday. "That's difficult for me to understand because we've been working diligently to get this solved and meeting periodically on where we are," she said. It is not clear how much support the amendment has among legislators. Asked about the feedback he has received, James said only that concern about the scholarship issue "is shared by several other people." The Mayor's Scholarships dispute centers around the number of scholarships the University is required to award Philadelphians in return for nearly 47 acres of rent-free city land the University received decades ago. James and other representatives support a class-action lawsuit against the University, now pending in Common Pleas Court, that claims the University's 125 annual scholarships fall short of the 500 awards that a 1977 city ordinance allegedly requires. The amendment signals an increased effort by James to further link the University's precarious $37.6 million in state aid to a resolution of the scholarship battle. In January, 20 members of the Philadelphia House delegation -- including James and House Appropriations chairman Dwight Evans -- signed a letter to President Sheldon Hackney saying "it would be very difficult" for them to fight for the funding unless the University increased its scholarship commitment. The University has met several times recently with area state representatives to discuss the Mayor's Scholarships program and make "confidential proposals," according to James, but little progress has been made. James said he is not satisfied because University officials have not "put anything in writing" supporting the proposals and have "clouded the issue" by intertwining financial aid and the Mayor's Scholarships in the discussions. James Roebuck (D-Phila.) echoed James' complaint that the University has not been specific enough in the discussions. "There is a lack of precision in some of the proposals, a lack of definite, hard numbers," Roebuck said. "We've had a fair amount of discussion, but not a lot of hard, fast things you can grab hold of." But Whittington wondered why state representatives have "tied the state appropriation to an issue that we have in the city with the mayor." "Although they are not a party to the contract, [some representatives] seem to be having a real difficulty with the discussions that we're having with the city leadership." The amendment comes as negotiators from the House and Senate are working furiously to reach a spending agreement by the June 30 deadline. Although three of the four legislative caucuses in Harrisburg support funding the University at 90 percent or more of last year's $37.6 million level, it is too early to tell how the University will fare in this year's budget. And Gov. Robert Casey, who proposed eliminating the University's state aid on philosophical grounds in his own budget proposal in February, has the power to line item veto any funding for the University. Casey spokesperson Sue Grimm said Casey has not yet decided if he will veto funding for the University. But she added, "We have not changed our position that we feel funding for those schools should be eliminated."
The University's Board of Trus - tees arrives on campus this morn - ing for its annual two-day spring meeting. Six major committees will hold meetings on a variety of cur - rent topics. The University Responsibility & Committee, which will meet at 10 this morning in Van Pelt Library, will hear a general update on the University's affirmative action & program. At the same time, the Facilities and Campus Planning Committee will meet in the Faculty Club to discuss both a parking plan and a bicycle parking plan for the & University. The committee will also receive an update on the University's cam - pus master plan, along with a re - port from the architects in charge of the "swing space" buildings at the Hospital of the University of Pennsylvania. The Student Life Committee will meet at 2:15 p.m. in the Faculty Club for a progress report on the campus center. At 4 p.m. in the Faculty Club , Admissions Dean Willis Stetson will present members of & the External Affairs Committee & with, "The Class of 1996: What & made Penn the school of choice." There will also be a general discus - sion of the University's community relations. The Academic Policy Committee will assemble Friday morning at 10:15 a.m. in Steinberg-Dietrich Hall. Dean Thomas Gerrity of the Wharton School will make a presentation on the Wharton's two major curriculum revisions. Wharton Vice Dean Janice Bellace will discuss how the new curriculum broadens the educational experience and better integrates the study of management within the arts and sciences programs at the University. Vice Dean David Reibstein will discuss how the new curriculum will differ from the current one. He will highlight three major educational themes will be implemented: cross-function, globalization and leadership. The Budget and Finance Committee, which will meet at the same time in the Faculty Club, is scheduled to hear an update on the Pennsylvania budget talks by Executive Vice President Marna Whittington. Other administrators will deliver various budget presentations before the committee.