June 7, 2007 by Duke Chronicle Print Archives

lacrosse ads Two alumni put their money where their mouths are, PAGE 3

city council ■■ m. golf 5 members were named to the external investigation, I'lMil I

Michael Schachner set an NCAA tourney record, PAGI" 1

The ChronicW Sans Duke dollars, Durham dries Convicted in Fuqua by

Shuchi Parikh

THE CHRONICLE

As Duke students leave for the summer, few are at Shooter’s II seen riding the

famous rodeo bull and climbing into the elevated cage. With most students gone, the change leads to a huge drop in revenue every summer for the Western-themed student hotspot. And with Duke students spending an estimated $92.5 million at off-campus establishments, according to a 2003 study by the Office of Public Affairs, the summer slump that affects some Durham businesses is not surprising. As summer begins, local nightclubs favored by students during the school year see a significant decline in business. Business at Shooter’s, for example, falls 85 to 90 percent and stays that way the entire summer, said manager Kim Cates. “I probably wouldn’t have to be open during summertime, but this is my livelihood,” she said. The number of private parties at the club drops from about eight a month during the school year to none over the summer. And with few local customers to make up for the seasonal loss, Shooter’s must wait until August to draw in its regular crowd again. “I used to cater to locals, but when I started catering to Duke students the locals stopped coming to my club as much,” she said. “These students are locals to me.” Cafe Parizade, another local business, also takes a hard hit in the summertime.

case cry Wenjia Zhang THE CHRONICLE

PETE

KIEHART/THE

CHRONICLE

Often a hotspot for Duke undergraduates on Thursday nights during the Fall and Spring semesters, Devine's does not attracts quite as many patrons when students leave the University for summer vacation. “We are in Duke country,” explained Igor Gacina, general managerof the local restaurant that frequently hosts Duke private parties during the school year. Off-campus restaurants, such as Cinelli’s Pizzeria & Restaurant, are often target-

ed by students during the year for quick service and delivery on food points. Like others, though, Cinelli’s notices a “big difference” in business come summertime, said manager Luigi Siores. S££ DURHAM Qn PAGE 4

iTunes site to push Duke’s boundaries on, off campus by

Matt Johnson

THE CHRONICLE

Ever wish that President Richard Brodhead could read you poetry in the privacy of your own room? Now you can have the nextbest thing. With the launch of iTunes U last Wednesday, audio and video recordings ofmany Duke course lectures, speeches, conferences and other campus events—including “An Evening of Poetry with Presilent Richard H. Brodhead”—are now available free of charge through Apple’s iTunes Store. “Conversations and creative work are an important part of the vibrant intellectual life here on campus, and that’s what you’re seeing on this site,” Provost Peter Lange said in a statement. “Making these materials public in a format that’s convenient for curious but busy people is away for Duke to put the knowledge generated here in service to a wider audience.” Fifteen other colleges are currendy providing free SEE ITUNES ON PAGE

All convictions and penalties brought against Fuqua School of Business students were upheld by the school’s appeals committee, officials announced June 1. Twenty four of the 34 first-year masters of business administration program candidates charged with violations of the Fuqua Honor Code in a required first-year course submitted appeals in late May. In a case that received national attention, the Fuqua Judicial Board ruled in late April that nine students should be expelled and 15 students receive a one-year suspension and a failing grade in the course. Nine others will receive a failing grade in the course and one student will receive a failing grade on an exam. “This has been a regrettable time at Fuqua, but it also provides us with a valuable reminder that our honor code is what unites us across the diverse nationalities and cultures that we welcome here at Fuqua,” Dean Douglas Breeden said in a statement. In an interview with The Chronicle Wednesday, however, three students from Asia who have been convicted of Honor Code violations said cultural differences played a role in the outcome of the case. The students said they wished to reSEE FUQUA ON PAGE 5

National trend focuses on social classes by

Nate Freeman THE CHRONICLE

As some universities push to diversify their student bodies by granting admission to applicants from low-income backgrounds, officials said Duke remains committed to a need-blind admissions system. They added, however, that the University does value and seeks to attract a socioeconomically diverse pool. An article published in The New York Times May 27 said that schools such as Harvard University, the University ofVirginia and the University of North Carolina at Chapel Hill have used the admissions process to find students with lower socioeconomic statuses who not only meet the general standards of admission but also bring backgrounds statistically rare at elite institutions. The article stated that other institutions, such as Amherst College, now take into account the family income, parents’ SEE ADMISSIONS ON PAGE 6

THE CHRONICLE

2 I THURSDAY, JUNE 7,2007

Mice cells mimic stem cells

U.S., allies m ark D-Day ann i versary by

Robert Burns

THE ASSOCIATED PRESS

COLLEVILLE-SUR-MER, France Above a cliff of silent reminders, Defense Secretary Robert Gates Wednesday evoked the image of fallen warriors to mark the 63rd anniversary of the Normandy D-Day landings that turned the tide of World War 11. The bloody beach assault June 6, 1944 “unfolded as if it were a lifetime” for the young men who braved German guns, Gates said, looking out upon a vast field of white grave markers on a rainy, chilly day. Gates attended the anniversary ceremony and dedication Wednesday of a visitor’s center at the Normandy American Cemetery, the burial ground for 9,387 war dead, most of whom lost their lives in the amphibious assault and subsequent operations. In remarks at the midday ceremony, Gates said U.S. and allied soldiers landed at Normandy to destroy entrenched forces of oppression “so that this nation, this continent and this world could one day know the tidings of peace. “We once again face enemies seeking to destroy our way of life, and we are once again engaged in an ideological struggle that may not find resolution for many years or even decades,” he said. Speaking before Gates was Walter Ehlers, a Medal of Honor recipient who landed at Omaha Beach as a an Army staff sergeant. “We weren’t prepared for the chaos

In a leap forward for stem cell research,three independent teams of scientists reported Wednesday that they have produced the equivalent of embryonic stem cells in mice using skin cells without the controversial destruction of embryos. The procedure could lead to breakthrough medical treatments without the contentious ethical debates surrounding the use of embryos.

Overhaul survives In Senate A proposed immigration overhaul narrowly survived strong challenges in the Senate Wednesday,boosting its backers'hopesthat the fiercely debated legislation might soon win passage and advance to the House.

Bush qualifies Putin criticism After a torrent of sharp exchanges, President George W. Bush tried to stop a steep slide in relations with Vladimir Putin Wednesday by saying Russia is not a menace to Europe despite a threat to aim missiles at the West.

Man with IB may be released

CeremoniesWednesday marked the 73rd anniversary ofOperation Overlord, the surprise attack ofAllied forces on the beachs of Normandy June 6,1944. and all the disasters,” he said “Events like this also remind us of all we have endured together—remind us of our long history in times of war and in

times of peace—remincbus of the shared values that transcend what differences we may have had in the past, or may have in the present,” Gates said.

The Atlanta lawyer quarantined with a dangerous strain of tuberculosis has a relatively low chance of spreading the disease, possibly allowing him to leave his isolation room for a short time as soon as next week, one of his doctors said Tuesday. News briefs compiled from wire reports "Do not covet thy neighbor's wife, unless she has nothing else to wear."—Yogi Berro

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THURSDAY, JUNE 7,2007 I

Citizens question would-be chiefs Alumni

pony up for lax ads by

CHRONICLE FILE PHOTO

Durham Police C hief Steven Chalmers is set to retire this December and will be replaced by one of three candidates introduced Tuesday evening. by

Jin Noh

THE CHRONICLE

The three finalists for the Durham police chief position introduced themselves to Durham citizens and police officers and answered their questions Tuesday evening at a public forum held at City Hall. City Manager Patrick Baker sifted through more than 60 applications for the position to be vacated by Chief Steven Chalmers, who is set to retire this December. Donald Green from Knoxville, Tenn., Ronald Hodge from Durham and Jose Lopez from Hartford, Conn., are the three finalists for the position. Hodge is currendy deputy chief of the Durham Police Department. After a two-minute introduction for each candidate, the citizens were allowed to write their questions on a sheet ofpaper, which was then handed to the moderator. Most questions concentrated on reforming the image of DPD, improving relations with citizens—and in particular urban youths—and decreasing gang violence and drug trade. Other questions centered around political and organiza-

tional issues, such as officer work shifts and relations with elected officials. Candidates’ responses were generally similar and focused on developing stronger relations with the community and reducing the crime rate dramatically. However, concerns about the their records were raised by the moderator, who asked if the candidates had anything that could be an “embarrassment to the city” if revealed. Both Hodge and Lopez deflected the question by confronting past alleged charges recently brought to light by the local media and stating that each had gone through the legal process and that these charges were without basis. “I think unsubstantiated charges are a non-issue,” resident Chris Bartol said. Following the forum, when asked which of the three candidates left the best impression, reactions from citizens were mixed. “Deputy Chief Hodge [impressed me most],” Bartol said. “He is very familiar with the issues in the community, he is very familiar with the way the police department is around here and has a clear

understanding of the issues.”

Another Durham resident, Chris Tiffany, responded differendy. “I came here already with a favorable impression of Lopez,” he said. “Given that, I still felt generally good about him.” Attendees said their preferences were driven by the characteristics they believed are most important for the new chief. “[The best candidate is] one that commands presence, one that understands issues of Durham, the diversity of Durham, and the recent issues that have been going on surrounding the police department,” Bartol said. “I think Chief Hodge demonstrated that.” In contrast, Tiffany answered differently when asked what characteristics he valued more heavily. “Honesty, law enforcement instead of PR,” he said. “I think we also need someone from the outside. This meet-and-greet out there in the community stuff, Lopez really does that apparently. He really is out on the street, whereas even captains here in town have no clue what goes on in their own city.”

Sean Moroney THE CHRONICLE

Last spring, publications and media sources across the nation admonished the 2005-2006 men’s lacrosse team for its offthe-field conduct. Since charges against the three indicted players were dropped and the team climbed its way back to the national title game, critics of those commentators have questioned why they have failed to be as loud in lauding the team’s accomplishments. Two Duke alumni, Aubrey McClendon, Trinity ’Bl, and Bob Pascal, Duke ’56, have collectively spent over $500,000 in advertisements to “celebrate” the players’ achievements. “I knew that the truth would come out in dme, and when it did I wanted to celebrate for these young men publicly their achievements on the field and off the field this year,” McClendon told The Oklahoman, an Oklahoma City newspaper. In the past week, he paid $400,000 to run ads in the The Wall Street Journal, The New York Times, The Washington Post, The (Raleigh) News & Observer and The (Durham) Herald-Sun. He said he got the idea from Pascal, who purchased an ad in SEE LACROSSE ON PAGE 6

The Chronicle breaks down how much it costs to run full-page black-and-white ads in major publications (based on estimates from publications' websites): TheWall Street Journal: $ 164,300 The Wasington Post: $ 100,000 USA Today: $106,400 The Chronicle: $ 1,042

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DURHAM

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“Pretty much every single summer it is the same

thing,” he added.

Some summer school students, such as sophomore Allen Yu, relied on their meal plans and on-campus eateries during the school year but are forced to resort to off-campus restaurants or home-cooked meals without a summer meal plan . Yu said he depends more on off-campus food in the summer, but it isn’t his only option. “There’s no designated place to get food,” he said. “We rely also on groceries because we can’t go out and eat everyday.”

At Mt. Fuji, a surge in local customers during the summer makes up for the loss of business from the Duke

City Council appointed sof 12 members to a panel to review the Durham Police Department's role in the investigation of the lacrosse case Friday.

Five chosen for DPD inquiry Shreya Rao THE CHRONICLE

In a special meeting June 1, City Council members named five members of the 12-person committee that will be responsible for reviewing the Durham Police Department’s part in the Duke lacrosse case investigation. The committee will be led by former state supreme court justice and state legislator Willis Whichard and will include the current police chiefs of Charlotte-Mecklenburg, Winston-Salem and High Point, as well as a former chief of Chapel Hill. “I wanted someone that had stature, credibility and a legal mind, and would be respected in this community,” Mayor Bill Bell said of Whichard’s selection. Bell added that the names of the selected committee members were initially submitted in a list compiled by the North Carolina State Bureau of Investigation at the request ofNorth Carolina Attorney General Roy Cooper. Each of the seven council members, including Bell, will now nominate an additional community member or criminal defense attorney to serve on the committee. Though council members have full liberty in making their decisions, Bell said the council is committed to forming a balanced group that can reflect and represent the different parties and issues raised by the investigation. “The charge of the committee is to look at the past to determine what happened and hopefully make recommendations,” he said. “In doing so, I was looking at what were the events and parties involved at the outset of the

case: the police department, the office of the district attorney [and]... the criminal defense attorneys. “[lt] was comprised of elements of those categories of law enforcement, trying to, as best as possible, have genders represented, Caucasians and African Americans represented and to try to have some person who may be involved with persons who have alleged they have been raped.” Because the external investigation is atypical, Bell said the council has not determined any hard rules regarding its involvement with the committee. Bell said he would like to see the committee fully formed by June 18 and an investigation concluded 30 to 60 days after, but said he is not assigning a hard deadline for the process. “We also don’t want to rush to judgment, so we don’t want to have the decision rushed by an arbitrary deadline,” he said.

In other news: Council member Thomas Stith launched a Stith for

Mayor committee and said he intends to run for mayor in the upcoming fall elections. “It’s time to make a decision. We’re not going to just stay the course and be satisfied with mediocrity,” he told The Raleigh News & Observer. Bell told The Chronicle Wednesday he does intend to stand for reelection for a third consecutive term. No official candidacies will be filed until July.

community. “Last year we anticipated it to be very slow because we base our business so much on Duke University, but in actuality the locals come out a lot more [in the summer],” said manager John Pang. Pang said that about 70 percent of its weekend customers are Duke students during the school year, whereas during the summer 90 percent are locals. Since the seating capacity of the restaurant is limited, locals dine more in the summer knowing the restaurant will be less busy without the student crowd, Pang added. For some places, though, regular business from Durham residents provides steady revenue year round. “We have such a strong local [clientele] that I don’t really consider a student loss,” said Maggie Morgan, manager of James Joyce Irish Pub Restaurant. Bars tend to bring in a regular local crowd, and nightclubs and restaurants that host private events cater to many students—particularly fraternities and sororities—during the school year. Despite the lower turnout of students at parties hosted by Devine’s Restaurant and Sports Bar, it also fares well during the season due to its solid local base. “We had one of the best Mays that we’ve ever had,” said Devine’s manager Kim Snyder, Trinity ’BB. The Federal Lounge, which caters more to graduate students than undergraduates, is less affected in the summer, said manager Lhys Botica. Still, the loss of students in the summer is felt by the most visited businesses, and, for places like Shooters, by more than just a drop in revenue. “I hate when they go home for summer,” Cates said.

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FUQUA from page 1

given a second chance to be an honorable member of the community again.” Joe said he did not realize when he pled guilty that he was admitting to both of the charges brought against him. I didn’t know the serious consequences by pleading guilty,” Bob said. “Once students plead guilty the Judicial Board normally have no further questions relating to the facts of the case.” The students noted that all 10 students in their three separate hearings, including themselves, are students from Asia. Fuqua administrators, however, said cultural differences did not play a role in the outcome of the case. “The students who have received the severest penalties of expulsion or a one-year suspension come from three continents and represent both foreign and domestic students,” Michael Hemmerich, associate dean for marketing and communications ofFuqua, wrote in an e-mail. Although the students said they are not sure if the school was discriminating against Asian students, they raised many questions regarding the process. All three students submitted an appeal but said they felt the outcomes were predetermined. Even before the appeals committee received any information from the students, Bob said, Breeden—a member of the commitee—indicated decisions are rarely

main anonymous because of the sensitive nature of the case and were given aliases for this article. “There is a difference in the legal cultures,” said “Joe,” a first-year MBA candidate who has been expelled. “Cheating is not acceptable here or in .Asia or globally. Cheating is a wrongdoing. We know that.” Although the students said they do not believe they cheated, they said they pleaded guilty because they were not familiar with the procedures of a judicial review. Joe said in his home country the traditional legal system is based on the presumption of guilt, adding that he did not fully understand the right to not incriminate himself. “According to my feelings, I felt pressured to explain the [offenses],” Joe said, adding that he did not realize he had the right to remain silent. “Sally,” who will receive a one-year suspension and a failing grade in the course, said she did not know what it meant to plead guilty when she was asked at the hearing process. “It sounds like a funny story to me now, because it was the first question I was asked during the hearing and at the time no one explained that term,” she said. “For me, guilty is like sorry. I was the third person in this joint hearing, the first two students pled guilty and I felt the pressure so I just followed them.” Both Joe and “Bob,” who will also receive a one-year suspension and a failing grade in the course, said they pled guilty but thought it was away to express remorse. “In Asian culture, society can only forgive the person who shows deep regret for his doings because the society believes the person learned something from his wrongdoings,” Bob said. “And he’s going to be

investigator and Judicial Board procedures were fair and without fault,” Hemmerich said in an interview Wednesday. “Convictions were correct, and penalties were appropriate in each case.” The student visas of the international students who have been expelled or suspended will expire June 14, and they must leave the country or transfer their visas to another institution. “Fuqua will assist the affected students as much as possible regarding visas and will certainly work with and support the students who have received suspensions in obtaining visas for their return to Fuqua,” Hemmerich wrote in a separate e-mail. “We will welcome them back as members of the Fuqua community upon completion of their suspension.” Bob and Sally, however, said they are not sure if they would return.

“If the school realizes the procedural error they have made and changes it, maybe I will go back,” Sally said. “If [they] correct this mistake, I still have some hope in this school. That’s why we’re still here and have the courage to fight.” The students said they have not yet left the country because they wish to bring the case to the University—a quest that may prove futile. “The decisions are final, the administration cannot do anything,” said John Burness, senior vice president for public affairs and government relations. Bob, however, said he will exhaust all options in opposing the sanctions. “After such a tragedy or disaster I think some people will become even more stronger and more resilient,” Bob said. “If you don’t fight to the end, you’ll always be a loser—forever.”

changed. “They told convicted students to not have too much hope about the results,” Bob said. “Because the hearing is conducted by Fuqua, and appeals is also dominated by Fuqua people, there is no incentive to change the result because it will be admitting they were wrong before.” Administrators, however, said they stand

by the decision of the appeals committee. “After a thorough and exhaustive investigation the appeals committee concluded with the highest confidence that the lead

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The ad then lists the team’s achieve570 community-service hours logged on behalf of worthy organizations like the Ronald McDonald House.” McClendon said he wanted the ads to run anonymously, but newspapers prohibit anonymous advertisements, so he funded the ads under the generic name, “The Duke Lacrosse Booster Club of Oklahoma City.” The advertisements add to a history of support from the two alumni for the University. Along with other gifts to the football program, Pascal—a former football player who ran for over 1,500 yards and scored 19 touchdowns in three seasons for the Blue Devils in the 1950s—also set up a matching contribution program last fall to support the football program. McClendon, a member of the Board of Visitors of the Fuqua School of Business, and his wife Katie, Trinity ’Bo—whose donations helped to build McClendon Tower and the West Campus Plaza and to refurbish one of Duke Chapel’s organs—have given in excess of $l6 million. ments, including the “over

USA Today that ran May 30. “I have been so angry and frustrated by the media speculation that went on with the whole lacrosse situation, and I just wanted to voice an opinion that I think is shared by Duke alumni,” Pascal told The N&O. The headline of Pascal’s black-andwhite ad, which is estimated to have cost $106,400, reads: “For a team very few people stood by, how about a standing ovation?” The ad then goes on te point out the team’s successes in the past season. Although McClendon’s ad is similar to Pascal’s and shares the same headline and message, it focuses on the media’s relative lack of “praise” for the players. “Here’s something you haven’t seen much of lately: Congratulatory praise for a team that has been the focus of one of the most unfair, unforgiving and unfortunate media spectacles in our nation’s history,” the ad reads. “But it’s never too late to give a little credit where more than a little credit is due.”

student a spot at the school “Students from certain socioeconomic backgrounds are welcome here as long as they are qualified,” she said. “They are not admitted because of their socioeconomic status; they have to be competitive.” Director of Financial Aid Jim Belvin said Duke has about 300 students from families with incomes that are less than $40,000 a year. Because Duke meets 100 percent offinancial need for all accepted students, admitting a larger number of low-income students would be a pricey decision, Belvin said. “Because these students are high-need, if you’re talking about 10 students [being admitted], that’s $400,000. The question becomes, ‘What kind of resources are available to support this?’ There’s nothing I like more than reaching out to needy students, but it’s a resource question.” Even with the potential financial aid costs, admitting low-income students helps deflect the advantages given to wealthy students during the admissions process and adds socioeconomic diversity to the student body, Guttentag said. “The admissions process at all highly selective schools has a number of elements that intrinsically favor economically advantaged students,” he said. “So an awareness of the challenges that many low-income students and their families face serves to place their accomplishments and activities in an appropriate context, and allows us to make better admissions decisions. I think there’s always a need to push for diversity, socioeconomic diversity included.”

ADMISSIONS from page 1

Justin Earley, a law school graduate, studies for the bar exam in the Sarah P. Duke Gardens Wednesday.

■TUNES from page 1 content on iTunes U. When

professors and students started using iPods in their courses as part of the Duke Digital Initiative in 2004, they needed more effective ways to distribute and manage multimedia content, said Julian Lombardi, assistant vice president of academic services and technology support. Lombardi said web-based tools for academic multimedia exchange were developed in concert with Apple, and the project was given the code name “Indigo”—a reference to Duke blue. The effort culminated in the public release ofiTunes U last week. “By leveraging our relationship with Apple through the Duke Digital Initiative and the iPod program, we had dialogue and discussion with Apple engineers to help them design a system that would meet the needs of higher education communities,” Lombardi said. Jessica Mitchell, special projects manager for the Duke Digital Initiative, said faculty, students and student groups can sign up for albums on iTunes U and upload their own

multimedia files for public access. Current offerings include Froshlife videos and tracks from the student band the Pulsar Triyo. Mitchell said course spaces, similar to those currendy provided on Blackboard, can also be created on iTunes U. Professors and students can use these spaces to share multimedia files and turn in assignments, including vocal recordings for language classes. Access to course spaces is private and requires a Duke NetlD to log in. “We’re seeing more and more courses finding ways for students to create their own multimedia, and faculty want to put materials up for students as well,” said Samantha Earp, director of foreign language technology services. Sterly Wilder, executive directorofalumni affairs, said in a statement that she hopes the Duke area ofiTunes U will help alumni keep up with campus events and continue their learning after leaving the University. “When you’re a student, there are only so many courses you take and talks you can attend. This site lets you listen to lectures and keep up with the latest research long after you graduate,” she said. “It’s one more way to stay engaged with and con-

income and parents’ occupations when making admissions decisions. In order to evaluate the applicant needblind, universities such as Duke and UNC do not look at this information. Christoph Guttentag, dean of undergraduate admissions at Duke, said accepting low-income students diversifies the student body, placing students from very different upbringings together on the same campus. Although the Office of Undergraduate Admissions does not view an applicant’s financial profile, other parts of their application can give an impression of how their background can contribute to the student body, he added. “We’re not aware of a student’s family income at any point in the admissions process, since we don’t have access to their financial aid application, but we try to infer something about a student’s socioeconomic status from the other information available in the application,” Guttentag said. “In other words, we do our best to take into account in the admissions process anytime an applicant has experienced a challenge, faced some adversity, or will bring a useful or fresh perspective to the community.” Barbara Polk, senior associate director of admissions at UNC, said die admissions process at her institution does consider the background of a student when evaluating an application, but socioeconomic factors alone cannot earn a

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THURSDAY, JUNE 7,2007

For a team very few

people stood by, how about a standing ovation? Here’s something you haven’t seen much of lately: Congratulatory praise for a team that has been the focus of one of the most unfair, unforgiving and unfortunate media spectacles in our nation’s history. But it’s never too late to give a little credit where more than a little credit is due. Against ail odds, this year’s Duke Men’s Lacrosse Blue Devils banded together as a team, kept their focus on the field and went 17-3 for the season. They won the ACC Championship and earned their place in the NCAA National Championship game. Off the field, they scored pretty well, too: A team CPA of 3.4 and a 100% graduation rate for the fourth year in a row. Not to mention, over 570 community-service hours logged on behalf of worthy organizations like the Ronald McDonald House. On behalf of former Duke University athletes and friends and supporters of the Duke Men’s Lacrosse Program, we salute this outstanding -not to mention, upstanding— group of young men and their families for standing tall during extraordinarily difficult circumstances over the past 15 months.

Congratulations Duke Men’s Lacrosse Team and their families.

THE CHRONICLE

8 | THURSDAY, JUNE 7,2007

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June 7,2007 NCAA ACTION 8BLUE DEVILS TRAVEL TO SACREHENTO PAGE 10

ATHLETICS

TORO! AUSTIN SNAGS SNYDER The NBDL Austin Toros hire former Duke star and assistant head coach Quin Snyder to take the reigns of their club.

’m

MEN'S GOLF

Review of Schachner makes history at NCAAs AD Alieva by

Meredith Shiner THE CHRONICLE

Before the third round of the NCAA tournament, interim head coach Brad Sparling left a note in Michael Schachner’s bag. “Mike—l believe in you. You’re a great player. Go out and have fun today.” Little did Sparling how great Schachner would be, or how much fun he would have Friday at the Golden Horseshoe GolfClub Gold Course in Williamsburg, Va. Schachner birdied 11 of the first 14 holes, and finished the day at 10-under, propelling him from 120th to 14th on the leaderboard. In the process, he set the NCAA championship record-low with a round of 60. Only four other players in NCAA history have carded 60s. “It was an unbelievable round,” Sparling said. “It was really exciting not only to watch it, but also to be a part of it.” And as Sparling said, Schachner’s performance was exactly what the Blue Devils needed. After Day One, Duke was in 29th place of 30 teams. By the end of Day Three buoyed by Schachner’s score—the Blue Devils had jumped to 10th place, making the cut and advancing to the final round, where they would finish 13th. But Schachner’s historic 18 holes meant more to the team than a number on a scorecard or place on the leader

underway University names regular committee by

Meredith Shiner THE CHRONICLE

The University announced Friday that President Richard Brodhead has appointed a committee for the regular review ofDirector ofAthletics Joe Alieva. Performance reviews of senioradministrators, required by the Faculty Handbook, are typically conducted every five years and result in the presentation of a confidential report to the president. Alieva, who has held his position since 1998 when he was hired by former president Nan Keohane, is due for a regular review. The committee, chaired by Trustee Emeritus Harold Yoh, Engineering ‘5B, is comprised of faculty members, administrators and trustees. “The process is just a matter of gathering information and talking to many people within the University community,” Yoh said. “It does not have to do with [Alieva] continuing on or not. It’s just a presentation of what we believe about the job that’s been done and what our expectations should be.” A member of Joe Alieva note on the Director of Athletics Review Committee is James Coleman, who chaired the Lacrosse Ad Hoc Review Committee in the spring of 2006. The Ad Hoc Committee was responsible for the investigation into the conduct of the lacrosse team—and the subsequent University response —in the five years preceding the March 13, 2006 incident in which three members of the team were indicted on charges of sexual assault. The report found thatadministrators responsible for the athletic department failed to “adequately convey to [thenhead coach Mike] Pressler any sense of alarm” in regards to the team’s off-thefield behavior and questioned the decision to give Pressler an unprecedented contract extension. The Committee will be collecting information until June 22, and Yoh said he hoped to be finished with the process as soon as possible, presenting findings to Brodhead near the end of July. “These reviews are done very conscientiously at Duke, and I will value the committee’s findings,” Brodhead wrote in an e-mail.

—

JAMES RAZICK/THE CHRONICLE

MichaelSchachner fired an NCAA-tournament record 60 Saturday to move 106 spots up the leaderboard.

SEE M. GOLF ON PAGE 9

MEN'S LACROSSE

Seniors still unsure of ‘what’s next’ by

MeredithShiner THE CHRONICLE

Riding in the backseat of a taxicab in the nation’s capitol last Wednesday, Duke head coach John Danowski and his son Matt learned that their up-anddown ride with Duke lacrosse could be taking yet another dramatic turn. The two Danowskis were in Washington D.C. for the Tewaaraton Award banquet, where Matt was named the National Player of the Year. It seemed like a fitting end to the career of one of the most prolific points scorers in ACC history—except that it might not be. During that one brief taxi ride, John Danowski received the phone call informing him that the NCAA had granted 33 of his players, including Matt, with an extra year of eligibility. “I looked at [Matt] and we were like, ‘What does this mean?’” the coach said. “What’s next?” Over a week has passed since the NCAA student-athletereinstatement staff granted Duke’s season-of-competition waiver request for non-senior players sidelined in the 2005-2006 season, and the question of “What’s next?” is still dangling. The seniors from the 2006-2007 Duke squad scheduled a trip to Mexico well before this decision came down, and did not return to the United States until early Wednesday morning. Although they were able to escape to the beach, out of the reach of media, for a week, they cannot avoid the difficult decisions that lie ahead. Each player in this year’s senior class graduated, many have jobs already lined up and one was SEE M. LAX ON PAGE

Matt Danowski is one of33 players who were granted an extra year of eligibility toplay lacrosse last Wednesday by the NCAA.The reigning Tewaaraton Award winner must decidewhetherhe will return.

THE CHRONICLE

10 I THURSDAY, JUNE 7,2007

Blue Devils Compete in Day 1 of NCAA tournament in California Six members of the women’s outdoor track and field team represented Duke in Sacramento, Calif, at the NCAA championships, which started Wednesday and will continue through Saturday. All six qualified individually at the NCAA East Regionals May 26. Senior Elizabeth Wort finished fourth her heat of the 3,000-meter steeplechase in preliminaries and will advance to the next round of races. Sophomore Maddie McKeever qualified for the NCAAs in both the 5,000- and races, but chose to run in the 10.000in Sacramento. 5.000Junior Lara Jones placed 14th in her heat in preliminaries of the pole vault competition. Senior Debra Vento finished in 13th place in her heat in the high jump. Junior Daina Pucurs and senior Sally Meyerhoff will compete Thursday in the javelin and the 10,000-meter run, respectively. Meyerhoff placed seventh in the 10,000-meter final at last year’s NCAA championships.

.229 batting average while posting a 1.61 ERA. He also led the Duke pitching staff with 28 appearances, was second in strikeouts with 46 and sixth in innings pitched with just over 50. Seander also was one of 40 relievers named to the National Collegiate Baseball Writers Association’s midseason watchlist for its Stopper of the Year Award. Snyder to coachAustin Toros Former Duke basketball standoutand assistant coach Quin Snyder was announced as the new head coach of the NBA Developmental League’s Austin Toros Wednesday. When Snyder, 40, takes the reigns of the Toros, it will be his first job since he resigned from his head coaching position at Missouri in February of 2006. Snyder replaces former NBA star Dennis Johnson, who died from a heart attack after a Feb. 22 team practice. In his seven seasons with the Tigers, Snyder amassed a 126-91 record with four NCAA Tournament appearances, including an Elite Eight showing in 2002. Snyder has a year of coaching experience at the professional level, as he was an assistant and scout with the Los Angeles Clippers in the 1992-1993 season.

Seander earns national accolades Duke closer Michael Seander was one of Blumenherst named as the nation’s best six relief pitchers named to the 2007 freshDuke sophomore Amanda Blumenherst man All-American team by Collegiate Basewon the 2007 Golf Honda Award Tuesday, ball Wednesday. With the honor, Seander becomes the given to the nation’s top female collegiate first Blue Devil since 2002 to be named to golfer based on both her finish at the the team and only the seventh in program NCAA championships and her Golfweek/ history. Sagarin rating. With the win, Blumenherst—a two-time The freshman ranks second at Duke alltime in single-season saves, after recording finalist for the Honda—is automatically nine in his first year with the Blue Devils. qualified as a finalist for the 2007 Collegiate The right-hander held opponents to a Woman Athlete of theYear.

Donovan returns to UF after 6 magical days by

Travis Reed

THE ASSOCIATED PRESS

ORLANDO, Fla.

Billy Donovan is

out in Orlando, and his cold feet could cost both him and the Magic. The Magic finally let Donovan out of a

|5.5-million annual deal late Wednesday night after news broke days ago he was having second thoughts. Donovan may have stained a good reputation built on two straight championships at Florida.

“I realized in less than 24 hours after contract with the Magic that I had made a mistake that had nothing to do with the Magic,” Donovan said in a statement Wednesday night. “Instead, I realized that, in my heart, I belonged in college basketball. As soon as I realized that, I contacted the Magic immediately to let them know.” Orlando is still coachless, and could miss out on second choice Stan Van Gundy if the Sacramento Kings hire him quickly. Donovan walked out ofhis first NBAjob after just six days to return to Gainesville. “Although this has been a difficult time for everyone, for which I am profoundly sorry, in my heart I know that this is the right thing for the Magic and for me,” Donovan said. Van Gundy, a former Heat coach and current adviser to Pat Riley, has said publicly he would love the Orlando job, but the Kings confirmed Wednesday that Van Gundy was in Sacramento for discussions about becoming their head coach. Van Gundy is under contract for another year

signing a

in Miami, and the Heat reportedly want compensation if the division rival Magic hire him. Sacramento might not have to pay such a penalty.

The Magic wouldn’t discuss terms of the Donovan deal, but said in a written statement Wednesday his hiring proved the team is “committed to winning a championship.” “We have the legal right to hold Billy to the contract he signed, but with him having a change ofheart about leaving college basketball, we want him at the University of Florida,” the Magic said. “We have granted him permission to break his commitment and return to the Gators.” Florida Director of Athletics Jeremy Foley said of Donovan’s return, “It’s great news for the Gators.” Foley withheldfurther comment until a Thursday morning news conference. Magic fans met Donovan with rousing applause at a nationally televised news conference Friday as he replaced Brian Hill. Donovan said he agonized over the jump to the NBA, but wanted a new challenge. He promised to bring passion to the pros and saw in the Magic a young team with enough talent and salary cap room to succeed where most college coaches failed. Donovan always wanted to try the NBA, and the Magic job was perfect: five years, $27.5 million, and his family could even stay in Gainesville. Donovan was set to sign a seven-year contract worth approximately $3.5 million annually with Florida, a deal that was nearly finished when he agreed to coach the Magic.

Leukemia for Chickens One Wimp's Tale AboutLiving Through Cancer A Memoir Roger Madoff, Class of ’95, was a reporter for The Chronicle and Bloomberg News, and lived in New York City with his wife, Jen and dog, Milo. He was diagnosed with leukemia in 2002, and after enduring two stem cell transplants and two years of treatment, he felt strong enough to write about his experience. Roger died in April 2006, at the age of 32, from the debilitating side effects ofhis second transplant. This book is filled with the strength, humor, love and hope that defined his life.

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THE CHRONICLE

classes that also have the option to play another year, is not only the individual impact of their decisions, but the effects they have on the program as a whole. Although there is more money left over than usual in the lacrosse coffers because oflast season’s small freshman class, Danowski said, there is not enough to take care of potential returning players and the 13 freshmen recruited

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The coach also said there are seven freshmen hoping

to walk on for the Blue Devils in 2008.

“As a coach, I have to ask myself, would I like a really good freshman or would I like Zack Greer for another

It’s our 31st Annual Inventory Clearance Matt Danowski and the other members of the 2007 senior class will explore their options for next year and debate a return to Duke.

M.LAX FROM PAGE 9 accepted into law school elsewhere. Because the NCAA

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'luaytnofiy

play next spring.

decision was not made before graduation and the team members received their degrees, their only option if they want to return to school and play lacrosse is to enroll as graduate students, John Danowski said. “There are a lot ofissues here,” he said. “First, is there a program that the students are interested in? If you’re not interested in returning to school, then lacrosse is really secondary. Second, is it possible to gain acceptance into those programs? And third, would it be financially feasible for your family to support your return?” One of the most difficult aspects of the choices these players must make, and of the two subsequent

year? I think the answer is obvious that I’d want Zack,” Danowski said. “But these are all nice problems to have.” Danowski, however, said he is confident in the program’s ability to recruit new players, even if current sophomores, juniors and seniors opt for their additional year of eligibility. Senior Associate Director of Athletics Chris Kennedy, who was one of the Duke administrators responsible in the petition for the waiver, also noted the difference in how the team might approach scheduling if a significant portion of last season’s seniors returns. “It changes how you schedule—if you have five of those seniors back next year, you’re going to want to play a much tougher schedule,” Kennedy said. Danowski believes five or six students will choose to return to Duke, and that “it’s Duke or nowhere” for most of the players, who are free to use their additional years of eligibility at any school outside of the ACC (because a transfer in-conference requires a player to sit out a year). As for a timetable of when the players will make their decisions, Danowski said he had not talked to them since they departed for Mexico, but that he was not going to pressure them into making any hasty decisions. “With everything those kids have been through —the negative stereotypes, the “wanted” posters, the pot-bangers, their names taken off the website—they can take as much time as they want,” Danowski said. “If they need the summer to make that decision, I’ll wait with them. This is their school, their program.” When asked how he felt about his son returning, the older Danowski said the decision of “what’s next” is completely out of his hands. “If he thinks that this is the best opportunity for him at this point in his life, then absolutely. But if he thinks it’s time for him to walk away, then that’s what I want as a father,” he said. “It’s the same thing as when he was being recruited. I stepped away and let him choose where he wanted to go and he made a great choice.”

M.GOLF FROM PAGE 9 board could express In March, the Blue Devils lost their head coach of 34 Jears, Rod Myers, to leukemia, and they wanted to do something special this postseason to honor his memory. Both Schachner and Sparling said they felt the late coach’s presence with them on the links Friday. “Around hole seven or eight, after I had made a couple of birdies in a row, I starting thinking how much he would love to be out here watching today,” Schachner said of his former coach. “I know he was looking down on us and probably helping me will some of those putts in. We miss him. He was such a huge person to Duke golf and a father away from home for most of us. “To play well like this on this stage with him looking down on us is special and I will remember it forever.” Around the 12th hole, Sparling said he approached Myers’ widow, Nancy, and whispered in her ear that the coach was “right on Michael’s shoulder.” Schachner, who earned Division I honorable mention All-American honors Wednesday, went 5-over Saturday to finish the tournament with a 3-over 283, good for a tie for 31st place. Freshman Adam Long turned in the Blue Devils’ best score on the final day, firing a 1-over 71 after hitting 15 greens in the round. Long, who finished at 11-over for the week, placed 60th. Both Jake Grodzinsky and Clark Klaasen turned in 9over 289 to put themselves in a tie for 53rd. Grodzinsky, playing in his final tournament as a Blue Devil, bogeyed his first four holes Saturday before playing the rest of the course at even-par en route to a 4-over 74. Michael Quagliano rounded out the Duke roster, going 17-over for the week and placing in 77th. With a team score of 1140, the Blue Devils posted their lowest-ever four-round score in the NCAA championship, besting their previous mark by 22 strokes. Although Sparling admits the team would have liked to have finished even higher than 13th, he is extremely

Junior Michael Schachner was the Blue Devils top performer in the NCAA

tournament in Williamsburg, Va., finishing at 3-over and in 31st place.

pleased with how his team handled itself even in the most difficult of times. “It has been a very difficult spring, but the guys have worked really hard, both academically and on the course,” Sparling said. “I could not be more proud of them.”

THE CHRONICLE

THURSDAY, JUNE 7,2007

THE Daily Crossword

>hoe Chris Cassatt and Gary Broo TOO BAD IT’S NOT A RICH GUV!

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Edited by Wayne Robert Williams

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29 Related

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Desmund Collins, Erin Richardson Account Assistants: Advertising Representatives: Cordelia Biddle, Aria Branch, Evelyn Chang, Jay Otto, Melissa Reyes, Margaret Stoner Marketing Assistant: Kevin O'Leary National Advertising Coordinator: Charlie Wain Keith Cornelius Courier;.. Alexandra Beilis Creative Services Coordinator:.. Creative Services: Marcus Andrew, Sarah Akara Lee, Jung, Atal, Bahman, Rachel Nayantara Elena Liotta, Susan Zhu Roily Miller Online ArchivistDanielle Roberts, Chelsea Rudisill Business Assistants: Rebecca Winebar

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THE CHRONICLE

14 I THURSDAY, JUNE 7,2007

NCAA's waiver bold, and on target

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bit bizarre, but it’s great news for the University. There is little doubt that it will put a team that was just one goal crosse team Thanks to the NCAA stu- shy of winning a national tide within strikdent-athlete ing distance reinstatement StSlfGultOricli of another staffs recent decision to grant a fifth championship bid in 2008. Head coach John Danowski year of eligibility to members of the 2005-2006 squad, estimates that around five or Tewaaraton Award-winner six of the 12 graduating seMatt Danowski and 32 other niors may take the NCAA up members of this year’s team on its offer. He’s giving them may be looking to rethink the summer to think it over. It’s not wonder, then, that their post-graduation plans. The news made headlines the University of Virginia’s last week and has had many head coach and many others in the lacrosse community—- in the lacrosse community are upset. The prospect of facincluding several of the program’s most vocal advocates ing off against Danowski and throughout the past year—a Zach Greer in their fifth year bit hot under the collar. on the field is daunting, to say The NCAA’s decision is the least. The seniors have a surprising and perhaps even a very limited window in which are heady times for the seniors of the 2006-2007 men’s la-

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ontherecord will become even more stronger, more resilient.... Ifyou don’tfight to the end, you’ll always be a loser—for ever. —“Bob,” one of 34 students punished by the Fuqua School of Business for cheating, on efforts to clear his name. See story, page 1.

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The Chronicle is published by the Duke Student Publishing Company, Inc., a non-profit corporation independent ofDuke University. The opinions expressed in this newspaper are not necessarily those of Duke University, its students, faculty, staff, administration or trustees. Unsigned editorials represent the majority view of the editorialboard. Columns, letters and cartoons represent the views of the authors. To reach theEditorial Office at 301 Flowers Building, call 684-2663 or fax 684-4696.T0 reach the Business Office at 103 West Union Building, call 684-3811 .To reach the Advertising Office at 101 West Union Building call 684-3811 or fax 684-8295. Visit The Chronicle Online at http://www.dukechronicle.com. O 2007 The Chronicle, Box 90858, Durham, N.C. 27708. All rights reserved. No part of this publication may be reproduced in any form without the prior, written permission of the Business Office. Each individual is entitled to one free copy.

they

intend to re-enroll at Duke, but the rising juniors and seniors will be able to take full advantage of the recent decision. What’s more, the NCAA appears to have reversed its stance on the whole matter. When Duke’s Department ofAthletics first approached the NCAA last spring, the powers that be said they would not grant an extra year of eligibility at that point because they believed the players were responsible for the cancellation of the season. It took months of due process and the revelation of major judicial irregularities for the NCAA to change its mind last week. The NCAA’s most recent conclusion is unexpected, bold and really quite commend-

(very prudent) decision was able. Yes, it gives Duke a tremendous leg up next year. But made by administrators who the decision was a much-needknew that it was not the time ed statement that members of to play games when dealing the 2005-2006 team (sans the with such an extraordinary then-seniors, who have already situation that posed so many moved on) need to be treated serious safety concerns for with the fairness they had not all parties. been granted during what was The season was cancelled because of matters surrounda very tumultuous year. In the grand scheme of ing the false allegations, not things, the waiver will not because of the party. Simply have a tremendous impact put, it would be wrong to on the sport or the Duke punish the team for what was program, and it honors the truly beyond its control. It’s a shame, moreover, fact that 33 Duke lacrosse that the seniors who played players made a commitment to this school because on the 2005-2006 team missed they expected to play for out on a bid for the tide and four full years. Although won’t be able to benefit from they did hold the party that the NCAA’s new waiver.As this prompted the tumult of story comes to a close, they’re the past year, they were not the ones who really deserve a second chance, and fifth year responsible for the cancellation of the season. That of eligibility.

‘Our continuing support’

After such a tragedy or disaster, I think some people

Est 1905

to decide whether or not

those of us who have followed thelacrosse case acted this strongly. And yet there are hundreds of closely, North Carolina Attorney General Roy comments like these scattered across the Internet, Cooper’s affirmation of our classmates’ innoranging from parents who vow never to let their chilcence brings with it strange new questions. What will dren apply to Duke to angry alumni who swear never life be like without midnight blog posts to read and to support the University again. Many more express strong reservations about the administration’s conmessage boards to duct, often railing against the fact that the Universcour? Much more when has never acknowledged its mistakes or acted to sity importantly, the last report has change the status quo. Combine those protests with the more than 1,000 been written and students who recendy signed a petition condemnMike Nifong’s bar card has long since ing the “Group of 88’s” now-infamous “Listening Statement,” and it is clear that the conflicts festerbeen revoked, how large of a scar will ing between segments of the Duke community have kristin butler divided us more deeply than we realize. this ordeal leave on with ail deliberate speed That’s why Dukies should consider the recent our community? success of disaffected alumni at Dartmouth, who Of course, it’s impossible to know for sure. But many recent develop channeled their outrage over similar questions conments can encourage us to hope for the best. Last Sep structively. Indeed, University of Virginia School of Law Professor Stephen Smith rode a wave of distember, a highly positive survey indicated Duke’s image had largely returned to “pre-scandal” levels among content to victory last month, pledging to fight alumni and Durham residents. That good news was increases in administrative expenditures, the prescompounded by word that applications for the Class ence of restrictive speech codes on campus and of 2011 were not significandy affected by negative lar athletics cutbacks. Given that Smith is the fourth crosse publicity. Finally, officials announced in Febru“insurgent” candidate elected at Dartmouth within the past three years, Dukies should be incensed at $342 the received record million that a University ary in charitable contributions for the 2005-2006 academic being denied similar opportunities. Surprisingly, Duke alums are already entitled year—a sum that should be topped in 2006-2007. So between financial success, community to control 12 of 37 trustee seats. However, University bylaws also mandate that alumni “shall support and applicant interest, things are looking up for our alma mater, right? In a sense, yes. organize and conduct their affairs through the Duke Alumni Association,” which does not hold But the fact that alumni and others haven’t withdrawn their support in large numbers shouldn’t public elections. detract from the palpable sense of outrage linImagine if it did. For the first time, we could Duke’s behavior. learn trustees’ agendas and build a (thin) layer of over recent gering To get a sense for how intense these feelings can accountability into a governing body that shrouds be, consider this online comment left in response its every action in secrecy. At this juncture, the to a recent Chronicle article: “The fact is that, with only glimpse we have into the Board’s ideology the current state of the university, an inept and dates to Chair Bob Steel’s April 12, 2007, e-mail, which reveals that the “board agreed with the feckless leader and at least 1/5 of the faculty extreme left wing airheads, a few of us do not give a principles [President Richard Brodhead] estabrat’s patoot whether you survive or not. I will not lished and the actions he took” and that “anyone contribute to this idiocy, my wife (N62) will not critical of President Brodhead should be similarly give, my daughter (T 88) will not give and 8 of 12 critical of the entire board.” But instead of telling us who to blame for past fraternity brothers I have contacted will suspend mistakes, I wish Steel would actually take his own contributions.” advice; “unite us all,” learn from “the events we Another alumnus announced on a Liestoppers messageboard thathe’d modified his family trust so that“if one have lived through” and “put this learning to use.” of my grandchildren really, really wants to go to Duke... Let’s “make our community stronger” by engagthe trust will not pay for it... they will have to figure out the ing more Dukies, not just angering them. More money on their own.” Additionally, the man changed his input into how our university is run would be a positive start. ‘“planned giving’ bequest from Duke to Claremont McKenna College” because “Duke andDurham have justbeen rewarded for theirbehavior. We will see more ofit” Kristin Butler is a Trinity senior. Her column runs Again, only a small minority of alumni have re- every other Thursday during the summer.

Fbr

THE CHRONICLE

commentaries

The Cavs sixth man: gestalt

THURSDAY, JUNE 7,2007

115

Anyone

who is still following the NBA finals at this point in the season has probably heard the analysts’ predictions. Sure, the Cavs might last five or six games against the Spurs, but in the end Cleveland

stands little chance. And by simply looking at the rosters of the two teams, it would be hard to argue that the Spurs don’t have a group of more talented players. So how is it then that Cleveland could have a lIICK alexandet realistic chance of com- stay hungry, stay foolish ing away with its first championship ever? The Cavs have something that you wouldn’t be able to find listed on their roster. What the Cavs have is what my high school tennis coach liked to call gestalt. Sometimes it’s possible for a group of players —or, more generally speaking, people —to work together, communicate effectively and complement each other so that in the end, the whole is greater than the sum of its parts. This idea should be a key ingredient in the makeup of any team. When individuals don’tput the interest of their team first, however, the concept of gestalt gets lost And in the NBA, when each player on a team is also thinking about the fixture of his own individual career or the attention that he will receive from the media, it’s easy to see how this could happen. When watching the Cavs play, however, one would never guess thatany player on the team has anything but the team’s interest in mind. The way that each player recognizes his strength, contributes to the team in his own way and communicates effectively with all ofhis teammates around him is a treat to watch. The team has a small rookie from Texas who is good at shooting outside shots. They have an ecstatic Brazilian who is good at shutting down big guys in the low post They have a seven-foot-three Lithuanian who towers over most people on the court and has nice touch around the rim. And, of course, they have a 22-year-old basketball phenomenon from just outside of Cleveland who is able to take control of a game in theblink of an eye. Although it may be hard to connect the dotsbetween these r the tnce

lows

the ites.

ef-

out out

Duke should condemn unlawful acts by pol ce “No, no!”said the Queen. “Sentencefirst —verdict afterwards. actually a goal rather than a pretext. Lewis Carroll, Alice’s Adventures in Wonderland The Durham Police Department’s policy is bad not that the injustice of the lacrosse case has been only for Duke. It is bad for Durham as well. It harkens corrected, let us not forgot another less oudandish back to a time when the dominant approach used by pobut no less outrageous violation of the rights of lice in the war on crime was a lock-’em-all-up mentality Duke students by local law enforcement agencies that has combined with intimidation by any means available, legal or extralegal. William Stuntz has studied the evoludon of yet to be resolved: the Durham Police Department’s announced policy instruct-. law enforcement policy over the last 50 years. He finds m jdSOTI trumpbour that police unwillingness to deviate from these tacdcs subing officers to arrest Duke students for minor stantially contributed to the increase in crime in urban t coiumn areas in the 1960 s and ’7os. quahty-oi-life offenses m Minorities always bore the brunt of heavy-handed Trinity Park that would otherwise be disposed of through a simple citation. tactics by police. When minorities gained political Traditionally, pretrial detention served one purpose power in urban areas and demanded reforms, most poand one purpose only—to ensure that defendants, who lice departments could not provide the type of policare considered innocent until proven guilty, appear at triing that was needed. Instead, all minorities could get al. That is why those who are arrested and charged with a was the next best thing: less policing in areas where crime can obtain their freedom by giving sufficient pledgminorities lived. es that they will appear and those accused of minor ofThe result was the rampant, unrestrained crime that fenses are simply given a citation to appear. Within the last destroyed many of these urban neighborhoods. As one few decades courts have also recognized the right of the wag asked in reference to the letter sent to Duke students state to detain arrestees without bond if they are deemed living in Trinity Park last year warning them that police would be vigorously enforcing noise and alcohol ordia potential threat to the community. nances, “Did they send a similar letter to all of Durham’s The Durham police policy serves neither purpose. Instead, by its own terms, it is meant to be punitive. It was crack houses?” Instead, what is needed for Trinity Park and the rest put in place because police felt that the courts were not doing enough to deter Duke students from making noise of Durham is modern community policing, which stresses police involvement in the neighborhoods they patrol in Trinity Park. The result is a punishment without a criminal conviction and a violation of the 14th Amendment, and an emphasis on deterring crime by fostering respect which forbids deprivation of liberty without due process for the law and cooperation with the police. Crime-free oflaw. Indeed, the fact that many of the students arrested neighborhoods should be something all residents ofDurend up being acquitted outright at trial further highlights ham enjoy, not just those in Trinity Park. The DPD has many good, well trained police officers the injustice. If the lacrosse case demonstrated one thing, it is that who want to make a difference in the community. There procedure matters. Due process ensures that legal dis- should be more of them and they should be the ones putes will be settled in a rational rather than irrational who are turned loose on Durham’s neighborhoods. The DPD is currently undergoing reaccreditation. manner. In the words of Jerry Mashaw, it goes to the very heart of “what it means politically to be an individual or Also, a commission has been established to look at its conduct during the lacrosse case. Now is the perfect opto act as an individual.” It is the epitome ofKantian ethics because, in the words of Cynthia Farina, “To wreak harm portunity for Duke to speak up in favor of reform, for on the individual without meaningfully consulting him the good of its students and for the good of the people because it is cheaper, or quicker, or simply less bother not ofDurham. to involve him, is to reduce him to an instrument in the service of efficiency or inertia.” Jason Trumpbour, Trinity ’BB, Grad ’9l and Law ’9l, teachTo insist on due process is not to condone unlawful es law at the University ofMaryland School ofLaw and legal and ethical studies at the University of Baltimore. He was formerly and inconsiderate behavior by students off campus or prean attorney in the Criminal Appeals Division of the Maryland vent the proper enforcement of the law by police. Rather, it is to insist that police themselves observe the rule oflaw attorney general’s office. He is the spokesperson for theFriends of as they purport to uphold it and to ensure that justice is Duke University. ”

Now

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THE CHRONICLE

16 1 THURSDAY, JUNE 7,2007

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