A University student could face probation or up to a year in jail if found guilty on misdemeanor charges of ethnic intimidation and harassment.

Thomas Hibbs, a leisure studies major whose year was unavailable, was bound over for trial during a preliminary hearing Jan. 29 in connection with an incident on Nov. 24.

Hibbs, 20, was released on $500 bail.

According to court records, Hibbs yelled a racial slur and comments referring to oral sex at two black female pedestrians from a balcony at 818 Bellaire Ave.. He also allegedly directed racial slurs at a black male.

"I was shocked at first and then I was mad," said Jeanine Anderson (sophomore-administration of justice), one of the women at whom Hibbs allegedly yelled. "This is the first time in my life anything like this has happened to me here or anywhere."

The other woman involved, Stacee Davis, could not be reached for comment.

According to the records, Anderson and Davis contacted Deryk Gilmore, a friend, and told him what had happened. Gilmore arrived at the scene and yelled for Hibbs to stop and go inside. Several people tried to get Hibbs inside but he resisted and continued to make racial slurs. Gilmore then called the State College Bureau of Police Services.

An incident like this shows racism still exists, Anderson said.

"I was full of anger. That's why I called Deryk. I wanted him to talk to him. If someone else came by, it would take him two seconds to run down the steps," Anderson said.

Hibbs and Gilmore could not be reached for comment yesterday.

At the preliminary hearing, Hibbs' attorney, Gerald Spivack, said the women wanted to hear the remarks and that Hibbs' behavior is wrong but not criminal, Anderson said.

Spivack could not be reached for comment yesterday and calls to his assistant were not returned.

"I didn't think it was a crime either until the police told me it was ethnic intimidation," Anderson said.

Crimes fall under the state's Ethnic Intimidation Act when they are committed "with malicious intention toward the race, color, religion or national origin of another individual or a group of individuals," according to the act.

Hibbs appeared to be intoxicated, Anderson said.

"A person doesn't have to be sober to commit the crime," Centre County District Attorney Ray Gricar said. "It doesn't justify or excuse it. It was no less offensive to the victims that he was drunk at the time."

The Office of Conduct Standards was not aware of the incident, said Donald Suit, director. Since the incident occurred off campus, it has yet to be determined if the case is serious enough to warrant University charges.

"If he is found guilty of a violation of the code of conduct motivated by intolerance, the sanction is moved up," Suit said.

Hibbs' father apologized at the preliminary hearing, Anderson said.

"I felt kind of bad for him at first," she said. "But if I drop the charges, I'd be approving his behavior. If no one says anything, it's never going to stop.

"If I had ignored it I would have taken it out on others," she added. "I wouldn't trust anyone. I don't want to live like that."