Penn State President Graham Spanier released a statement yesterday that added yet another twist to the ever-evolving Anwar Phillips case.
Responding to growing concerns about Phillips' participation in the Penn State football team's Jan. 1 Capital One Bowl after he received a two-semester temporary expulsion from Judicial Affairs, Spanier said an athlete's sanction should prohibit him or her from participating in team games from the date the sentence is issued.
"My own view is that students should not be allowed to participate in university activities in such circumstances," Spanier said in the statement. "Consequently, I have directed that this procedure be reviewed."
This phrase was underlined in the statement.
Phillips was given the expulsion on Dec. 12, 2002 after reportedly cooperating with Judicial Affairs and accepting the sentence. Although the decision was handed down during the fall semester, it only became effective at the start of the spring 2003 semester.
On March 20, Phillips was charged with sexual assault and aggravated indecent assault stemming from a Nov. 12 incident in which he allegedly engaged in sexual intercourse with a female student despite her saying, "No, I don't want to do this."
Spanier also said the athletic department and members of the football staff knew of the sanctions before the team's Capital One Bowl appearance, even alluding to a conference between Phillips and Penn State football coach Joe Paterno that took place before the Jan. 1 game.
"Coach Joe Paterno only had the benefit of a discussion with the student athlete," Spanier said. "Based on the information he had at the time, he decided to allow Mr. Phillips to play in the bowl game."
Messages left at the offices of Tom Venturino, director of football operations, and Jeff Nelson, sports information director, to determine the exact time and nature of that conference were not returned.
While several sources, including Nelson and Athletic Director Tim Curley, have indicated members of the football staff knew of the Judicial Affairs sentence in mid-December, Spanier is recommending that the referral process to the athletic department be changed to a more direct system of communication.
Formerly, the process was to notify a member of the staff, rather than Curley or the athlete's head coach.
"I have directed that the system be changed such that the Director of Athletics will be personally and promptly informed by the Director of Judicial Affairs when a student athlete has been charged with a student conduct violation," Spanier said.
Yesterday's statement was also issued in response to an April 4 article by the Associated Press in which Spanier alleges his remarks were taken out of context. His comments, he said, "[were] not intended to be my statement on the matter." The quotes attributed to him said he thought, under the circumstances, that the situation was handled "reasonably well."
While unable to discuss circumstances specific to a case, Karen Feldbaum, senior associate director of residence life, said a person charged with violating the student code of conduct can involve someone else in the process -- including his or her head coach. That step, however, is the student's responsibility.
"Judicial Affairs is not going to contact and involve a coach in the judicial process," Feldbaum said. " ... a student can involve one."
She also said, however, that in certain serious situations, a student might be prohibited from bringing someone with them to a disciplinary hearing. She added sexual assault cases are handled on a case-by-case basis.
"It's rare, but it certainly is possible," Feldbaum said. "Yes, we're going to be more concerned [in certain situations]."
Phillips is currently free on $10,000 unsecured bail and waived his right to a preliminary hearing on March 26. His trial is scheduled to begin following jury selection on June 9. A pre-trial conference is set for May 22.



