The controversy surrounding the Office of Judicial Affairs and the way it handled the Anwar Phillips case continues to grow.
The Daily Collegian has learned that men's lacrosse player Charlie Perry was found guilty of disorderly conduct by Judicial Affairs and sentenced to a deferred expulsion to last until the end of the fall 2003 semester. That decision was rendered on Feb. 26, and unlike Phillips, Perry was immediately declared ineligible to play his sport and has missed the entire spring season.
His punishment, which, according to official university documents, is essentially the result of a yelling match outside Sports CafÃ© and Grille, 244 W. College Ave., is equal in length to what Phillips received for accepting responsibility for sexual assault.
After an eight-hour Judicial Affairs trial, Perry was found guilty of disorderly conduct, but not responsible for charges of failing to comply, stemming from an alleged fight outside the bar. According to the Board Decision and Rationale portion of the official Judicial Affairs written summary, Perry was yelling obscenities toward the staff of the bar. Witnesses testified at the trial that they heard him offer "threatening comments" toward the staff from a position around the corner on Burrowes Street.
Judicial Affairs decided on a deferred expulsion for Perry's violation of the Student Code of Conduct through disorderly conduct.
Perry, a senior majoring in economics and management, maintains that he is innocent and said the Judicial Affairs ruling was unfair.
"I proved that I didn't start any fight and that after I was assaulted [by the bouncer] I yelled to protect my friend," Perry said. "The Judicial Affairs ruling says it. The only thing I was guilty of was yelling."
Director of Judicial Affairs Joe Puzycki did not return several phone calls seeking comment for this article.
Phillips, a Penn State football player who told Judicial Affairs he had intercourse with a female against her will, was sentenced to a two-semester expulsion on Dec. 12. However, he was allowed to continue playing football after that date, and traveled with the team to Florida, wearing a uniform for the Capital One Bowl on Jan. 1.
Pending the result of his criminal trial this summer, Phillips will be eligible to return to Penn State for the fall semester and the football season, meaning the spring semester and both summer sessions constitute his two-semester expulsion.
Under those same guidelines, Perry received a two-semester expulsion, but was further punished by not being allowed to partake in extra-curricular activities while finishing his current semester, leaving him off the team.
"The punishment hurts more because I had to miss my season," Perry said. "They let me stay here to finish classes, but took lacrosse away. This type of infraction doesn't seem to warrant this punishment, which has basically taken away a large portion of my senior year experience."
Perry wanted to appeal the ruling, which means the suspension would not have taken effect until another trial could be completed, but was told by the athletic department he would not be eligible to play while he appealed.
"It wasn't worth risking a worse sanction if they weren't going to let me play until after the appeal process," Perry said. "It wouldn't have finished until the end of my season, and I would have missed everything anyway."
Penn State football coach Joe Paterno defended his decision to play Phillips.
"I played him," he said Saturday at a press conference before the Blue-White game. "It is nobody's business but mine."
Perry did not want to comment on how he felt about the Phillips case.
"[Judicial Affairs] used me as an example," he said. "They wanted to show people that athletes couldn't get away with things, and it ruined my year."
Phillips is currently free on $10,000 unsecured bail and waived his right to a preliminary hearing on March 26. His trial for sexual assault and indecent aggravated assault charges is scheduled to begin following jury selection June 9. A pre-trial conference is set for May 22.