The Rice Thresher (Houston, Tex.), Vol. 83, No. 10, Ed. 1 Friday, November 3, 1995 Page: 1 of 16
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VOLUME S3, NUMBER 10
SUE US, WE DON'T CARE!
NOVEMBER 3,1995 1
Midnight slam-fest
mbaum.**
J.J. Polk dunks a basketball at last Saturday's Midnight Madness,
sponsored by the Athletic Department and the Student Association.
This year's event included the women's team for the first time.
Trial begins in $2 million case brought by hurt Brown student
George E. Hatoun
Nfn t Editor
ITie $2 million civil trial against
the university brought by Brown
College senior Peter Marketos be-
gan Monday in the 133rd District
Court of Harris County.
Jury selection was concluded Mon-
day. A panel of five men and one
woman will decide the outcome of the
$2 million suit, in which Marketos
seeks compensation for attorney's
fees, pain, mental anguish, trauma,
fear, sleeplessness, confusion, stress
and loss of time1 from school.
ITiese charges stem from a con-
frontation between Marketos and
then-Campus Police Sgt. Kenneth
Nipe during Will RiceCollege'sTower
Parly on Feb. 19,1993. Exactly what
happened during the encounter is at
the heart of the trial, but both sides
agree that there was a struggle of
some sort between the two.
Rice claims that it was an attempt
• on Marketos' part to resist arrest,
and therefore Nipe was justified in
using increasing force to apprehend
him. Marketos' attorney, Greg Glad-
den, implied in statements to the
court that Marketos' resistance to
Nipe's actions was an attempt to pro-
ted an injured shoulder.
Marketos claims that during the
• incident his shoulder was dislocated,
and that he spent over two and half
hours in a Campus Police detent ion
cell in that condition. He was then
charged with aggravated assault on
a police officer, a felony.
At a subsequent examining trial,
the felony complaint was dropped
due to lack of probable cause. All
other pending charges were dropped
on Feb. 16, 1994, accordingJto legal
^documents filed by Gladden.
Sid Richardson College senior
J R. Smiljanic was among the wit-
nesses called* to the stand by Glad-
den on Tuesday. Smiljanic tes-
tified about what he saw of the
incident involving Marketos and
Nipe. Smiljanic
also said that he
could under-
stand why stu-
dents did not
want their names
associated with
negative informa-
tion about Nipe's behavior during
his confrontation with Marketos
Marketos took the stand on
Wednesday before his lawyer rested
the plaintiffs case.
Rice called Edward Kuo as its first
witness Wednesday afternoon Kuo,
now at Southwestern Medical School
in Dallas, was a '93 graduate of Rice
and a WRC resident at the time of the
incident. Kuo and three of his friends
were standing in the stairwell near
where the altercation took place. He
said that immediately proceeding the
incident, "Sgt. Nipe was escorting
three guys down the stairs."
•"They looked pretty drunk," Kuo
said.
SEE MARKETOS PAGE 5
Complaint doesn't stop NOD
Angelique Siy
Asst. Efutures Editor
Wiess College's Night of Deca-
dence proceeded smoothly Friday
night despite an informal complaint
filed over sexually explicit material
displayed before the event.
This year's NOD was attended
by approximately 1,000 to 1,'200
people, according to coordinators
Evan Cone and Mackenzie Frost.
"It seemed like everyone had a
good time. It felt pretty weird to be
on (the coordinating! side of NOD.
though," Cone said. "There were
more people inside and dancing than
usual, and the theme was good.
Scamtasia meant that you'd never
feel the same way about Disney,"
Rumors surrounding this year's
NOD are mostly unfounded. While
it is true that an informal complaint
was filed regarding sexually explicit
decorat ions in the Wiess Commons',
the matter was resolved without fur-
ther conflict.
Dean of Students Sarah Burnett
said, "When we have informal com-
plaints, the person just wants the
offending behavior to cease. It 'susu
ally something we can easily re-
solve.''
According to the sexual harass-
ment policy in the 1995-96 Rice I 'ni-
versity Student Handbook, "ex
amples of the kiiTTls of conduct that
may constitute sexual harassment
include, but are not limited to
sexually suggestive objects, pic-
tures, videotapes, audio recordings
or literature, placed in the work or
study area, that may embarrass or
offend individuals. Such material if
used in an educational setting should
be related to educational purposes,"
By this definition, University At-
torney Shirley Redwine indicated
that formal charges of sexual ha-
rassment could be filed.
In this case, Wiess social coordi-
nators Evan Cone and Mackenzie
Frost simply had to cover up the
offending posters in the Wiess Com-
mons and post signs on all commons
SEE NOD PAGE S
emotional distress case continues
George E. Hatoun
News Editor *
The case of a former assistant professor
who is suing the university for sexual dis-
crimination and intentional infliction of emo-
tional distress continues in the discovery
phase with accusations being made by the
plaintiff.
Kelly Long, a former Human Performance
and Health.Sciences assistant professor,
claims that the university* discriminated
against her in its decision to deny her tenure
because of her sex.
She is suing for lost wages, back pay,
compensation of mental anguish and damage
to career and reputation; she claims that the
university infentionally inflicted emotional dis-
tress on her.
1 The case was originally filed in the civil
court of Harris County but was remanded to
the U.S. District Court for the Southern Dis-
trict of Texas because Long claims discrimi-
nation under the Equal Pay Act, a federal law.
Attempts by Long to get the case sent back to
the Harris County Court were unsuccessful.
In August Long file'd a Bill of Particulars
to provide "the exact and precise evidence
upon which she bases her claim for inten-
tional infliction of emotional distress."
The document gives sketchy details of
alleged discrimination by HPER Department
members. It claims that HPER Department
professors "conspired together to ensure that
(Longl would not be offered a promotion for
tenure." (See excerpts ofthedocurAent at right)
On Oct. 16, Rice filed an Initial Disclosure,
a document identifying 18 university employ-
ees as "individual(s] likely to have discover-
able information relevant to disputed facts" in
the case. The list includes the six defendants
named by Long in the action:
• Bruce Etnyre, associate professor, HPER
Department,
• James Disch, associate professor, HPER
Department,
• Frank Bearden, professor, HPER Depart
ment,
• Nicholas lammarino, professor, HPER
Department.
• Dale Spence, professor. HPER Department
and „ ,
• Allen Matusow, former dean of humani-
ties.
The other Rice faculty and administration
acited as potential sources of evidence for the
case were: "~
• Hally Poindexter and Eva I>ee — profes
sors in the HPER Department and members
of Long's Promotion Review Committee,
• I^arry Mtsjntire, Richard Sipith, Richard
Stoll, William Veech, James Kinsey, Barry
Durining, Alan Grob, John Hutchinson and
Marcia Citron — professors and members of
the Promotion and Tenure Committee of the
University Cmnvctt and
• President Malcolm Gillis.
The following are excerpts from Ketiy Long's BiU of Particulars. *Plaintiff" refers to Long;
"Defendants'are the university and six Rice professors named in the suit:
Defendants commented derogatorilyon Plaintiffs attire, her professionalism and her
expertise. Plaintiff was confronted in a hostile manner regarding activities she did in her
to her carrying a double toad. Mates in the department werfr frequently granted release
time for less substantial loads. During a faculty meeting, Defendant Etnyre sarcastically
commented on Pfidntiffsrequest.causinghurniliation in front of her colleagues. Plaintiff
Wis laughingly referred to by Defendants as the "resident nutrition expert," again
degrading her area of profession. Defendant Etnyre repeatedly kept an eye on the time
Plaintiff would enter and/or exit the department; he was not Plaintiffs mentor or
supervisor, nor was Plaintiff late for her schedule. Plaintiff's work papers and computer
were invaded by Defendants. Comments were made to Plaintiff that a woman did not
have any opportunities in the department. Comments were made to Plaintiff that
decisions were made about departmental affairs at the "faculty meeting," referring to a
I by only males in the«department. A job benefit was given to amale
it but not to Plaintiff; as rationale, it was explained to Plaintiff that he
because he had a family to support.
H addition, Plaintiff would show that some of the discriminatory aptions complained
> tenure, was not simply a discrimina-
, Rather .Plaintiff would show that the
toemurethat Plaintiff would
Defendants, acting in
_ ... ^ tto
tenure and further resulting iA tWfe destruction of Plaintiffs career as a teaching
professional at an accretSted university. Defendants did this with the intention of
Harming Plaintiff and her career. The egregious acts complained of herein were
committed knowingly and/or with malice toward Plaintiff. Defendants knew or had
i to know that their design, plan or scheme would create a high risk of harm to
Sand professionally, and deliberately proceeded to act, in conscious
indifference to that risk. T~ "
offered a promotion for tenure; Further,
Si
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Klein, Charles & Rao, Vivek. The Rice Thresher (Houston, Tex.), Vol. 83, No. 10, Ed. 1 Friday, November 3, 1995, newspaper, November 3, 1995; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth246523/m1/1/?q=%22%22~1: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rice University Woodson Research Center.