10-24-12

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INDEPENDENT SINCE 1880

The Corne¬ Daily Sun Vol. 129, No. 45

WEDNESDAY, OCTOBER 24, 2012

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ITHACA, NEW YORK

LUKE SHARRETT / THE NEW YORK TIMES

Day in court | Abigail Fisher, the plaintiff in a discrimination lawsuit against the University of Texas, prepares for a news conference outside the Supreme Court on Oct. 10.

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Employee Sues C.U.for Violating Disabilities Act Staff member seeks $1million By NOAH RANKIN Sun Contributor

Cornell Pledges to Support Diversity As Court Considers Affirmative Action By MARGARET YODER Sun Staff Writer

As the Supreme Court considers a case about the legality of affirmative action in colleges across the nation, University administrators and professors have split on their views of how the decision could affect the diversity of Cornell’s campus. In a case that has drawn national attention, Abigail Fisher, 22, sued the University of Texas at Austin for allegedly denying her

News In Remembrance

Ithaca residents paid tribute to Ithaca Town Board member Nahmin Horwitz, 84, who died on Oct. 17. | Page 3

Opinion Trick or Treat!

Dan Rosen ’12 lays down the rules of Halloween: Prepare for the cold. Spare the clothing. Go the extra mile when dressing up. | Page 9

Science Survival of the Sexiest

Two ornithologists held a photo exhibition documenting 39 eye-catching species in the birds-of-paradise family. | Page 12

Sports Victorious

The women’s polo team crushed defending national champion University of Virginia over the weekend. | Page 20

Weather Showers HIGH: 61 LOW: 54

admission because of her race. If the Supreme Court rules in favor of Fisher, it could bar the use of affirmative action in admissions at colleges including Cornell, University professors and administrators said. “There is a good reason to be concerned about the possibility that the court might strike down race-conscious policies altogether across the country,” Prof. N’Dri Assie-Lumumba, Africana studies, said in an email. In part because one of the

more liberal Supreme Court justices, Elena Kagan, has recused herself from the case, conservative justices could strike down affirmative action, Assie-Lumumba said. With the Supreme Court’s decision yet to be made, Lee Melvin, associate vice provost for enrollment, said that Cornell has already started to think about how the case may affect the University’s consideration of race in its admissions process. See RULING page 5

Prof Pranked Again In 2nd Email Forgery By REBECCA HARRIS Sun News Editor

Prof. Bruce Monger, oceanography, has had a bit of bad luck with emails this semester. An incident Monday evening marked the second time this fall Monger has been impersonated in an email sent to students in his class — and this time, he has vowed to pursue all disciplinary actions at his disposal against the culprit. After a student in his Introduction to Oceanography course accidentally cc’ed the entire class listserve on an email to Monger Monday, another student replied, also to the entire listserve, with a brief but scathing response. The sender signed the email

A Cornell Information Technology employee is suing the University for $1 million for violating the Americans With Disabilities Act in a way that he says brought him “severe emotional pain and suffering, mental anguish, humiliation [and a] loss of enjoyment of life.” Jose Zavala, 51, has worked at the University since 1993. In his lawsuit — which was filed in November 2011 — Zavala alleges that he was criticized by his supervisors for attending medical appointments, was asked to obtain an excessive number of medical clearances to return to work, and was deprived of the vehicle and tools needed for his job. The University, denying the claims, said that its actions have not adversely affected Zavala’s employment. Cornell has filed a preliminary motion arguing that Zavala’s case has no merit, according to Wendy Tarlow, associate University counsel. “Mr. Zavala is a valued employee, and we don’t feel he has been treated unfairly,” Tarlow said in an interview with The Sun. “We feel that he has been accommodated well throughout his time here at Cornell University.” Zavala, who served in the military, has suffered complications from Type 1 diabetes since 1989 — a condition that he says makes him a disabled veteran. Despite his disability, Zavala said he had been able to handle his job duties until the University allegedly began discriminating against him. Zavala said that, when he was diagnosed with early kidney failure in October 2009, his supervisor and newly hired asso-

“Bruce.” Corey Hindin ’15 emailed Monger after he realized he had forgotten to answer the last five questions on his prelim earlier that day. In the email, he requested that he be permitted to take a set of make-up questions. An hour later, Hindin and the rest of the class received a response from an unidentified recipient of the original email: “Mr. Hindin, What you’ve just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone See PRANK page 6

See LAWSUIT page 4

Itsy bitsy spider

DYLAN CLEMENS / SUN STAFF PHOTOGRAPHER

Linda Rayor, a senior lecturer in entomology, speaks about spiders at Lot 10 on Tuesday.

Despite Music, Flowing Beer, Pub in Straight Draws Few By ALEXA DAVIS Sun Contributor

Cornell’s much-hyped student pub was blasting music. In the Bear’s Den — which opened in Willard Straight Hall’s Ivy Room this semester — lights blared on a dance stage, and two tele-

vision screens showed the baseball playoffs. But no one was there to enjoy it. While students flooded Collegetown bars, at about 10:30 p.m. on a Friday night, the Bear’s Den remained entireSee BEAR’S DEN page 6


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