The Appalachian 10.01.13
Appalachian State University’s student news source since 1934
Vol. 88, No. 11
Lawsuit filed against Cottages owners Three tenants file class action lawsuit against the two companies that own The Cottages of Boone
Ashley Spencer | The Appalachian
by Chelsey Fisher Senior News Reporter
T
hree Appalachian State University students filed a class action lawsuit against Capstone Properties and Capstone Collegiate Communities Boone, the two companies that own The Cottages of Boone. Senior political science major Jonathan Schneider, junior nursing major Deanna Reary and freshman management major Langdon Clay are currently listed as the plaintiffs of the suit, which was filed Sept. 20. The plaintiffs are represented by Paul Capua of the Capua Law Firm, which is located on Depot Street. History of The Cottages Capstone Properties created CCC-Boone to develop The Cot-
tages. In return, CCC-Boone hired Capstone to manage and operate The Cottages, according to the suit. In the lease, tenants agreed to start paying rent Aug. 1, with a move-in date set for Aug. 15. Due to more summer rain than was expected, The Cottages pushed back the original move-in date to Aug. 18, but there are still some buildings that have not been completed as of Sept. 25. In the original lease agreement, tenants would be able to opt out of their lease if no housing was provided within 30 days of Aug. 15, according to an Aug. 15 article in The Appalachian. “Tenant may cancel this lease if possession of the Apartment unit has not been delivered, due solely SEE COTTAGES ON PAGE 3
Buc’d: App State falls to Charleston Southern by Andrew Clausen Sports Editor
Sophomore wide receiver Sean Price appears frustrated during the first half of the home game against Charleston Southern on Saturday.
Fourth and one. That’s what stood between Appalachian State’s football team and a chance at tying the game with three minutes left. A pass intended for senior wide receiver Tony Washington from quarterback Kameron Bryant was swatted away and the fans were forced to leave KiddBrewer Stadium with two consecutive home losses this season, a first since 1996. “[Charleston Southern] played well the whole game,” Bryant said. “They just outplayed us on the [final] play. I wasn’t surprised that we threw the ball there because we have practiced that same situation. Their cornerback just made a great play.” App State failed on both of its fourth down conversions, the other coming earlier in the fourth quarter on a run play to freshman running back Marcus Cox. “I didn’t execute the play as I should,” Cox said. “We had a nice play design, the guy slipped off a
Conduct code changes
by Chelsey Fisher
Senior News Reporter
Students and student organizations are now allowed to use attorneys or non-attorney advocates in some aspects of Student Conduct after Gov. Pat McCrory signed House Bill 74 on Aug. 23. This law, which is within The Reform Regulatory Act of 2013, will allow an attorney to be present as long as the Student Conduct charge does not include academic dishonesty, whereas before there was no legal representation allowed. Also, if the Student Conduct Board, a board comprised of all students, is used for the case, an attorney or non-attorney advocate cannot be involved. Updates were added to the Student Conduct Code to include the state changes, Jonathan Adams, associate direc-
tor of Student Conduct said. The new process involving attorneys or non-attorney advocates takes away from the educational experience of Student Conduct, said Susan McCracken, director of external affairs and community relations. “We view Student Conduct boards as an educational process, not a judicial process,” McCracken said. “By introducing attorneys, it doesn’t honor our educational intent for students.” When the law was originally proposed, it didn’t seem to be progressing, McCracken said. So, it was a surprise when it was added in August. “Those of us with universities were really surprised because it had not been moving in SEE CODE ON PAGE 2
A&E
Tactical Laser Tag
SEE SPOKES ON PAGE 2
SEE SGA ON PAGE 2
by Laney Ruckstuhl Intern News Reporter
Michael O’Neal | Photo Courtesy
Appalachian State University alumnus Michael O’Neal biked a total of 4,000 miles across the country in June to spread awareness for sustainability efforts.
seminar and learned of his plan to embark on this journey, which he called Spokes of Green, Tom O’Neal said he knew his son would be Piorkowski’s perfect sidekick. Tom O’Neal said that he quickly introduced Piorkowski and Michael and, despite being nervous about where his son would sleep and eat every night, encouraged him
SPORTS
App State Softball
News Editor
the whole way. “I told him I thought it might be a neat way to celebrate life,” he said. Piorkowski and Michael O’Neal began their cross country trip in Bar Harbor, Maine, and made their way to Seattle in two months and two days with little down time.
Appalachian alumnus bikes 4,000 miles to promote sustainability When Appalachian State University alumnus Michael O’Neal set out across the country on his bicycle in June, he planned to use his 4,000mile trek to spread awareness for sustainability across the U.S. Michael O’Neal embarked on the trip after graduating from Appalachian with a degree in sustainable development. He said that although he planned to make an impact on others, what he didn’t anticipate was that everyone he met along the way would make an impact on him. Tom O’Neal, Michael’s father, was a cyclist himself and served as his son’s greatest mentor. The two had spent a lot of time on their bikes together, including the completion of the Tour de France. When Tom O’Neal met Kory Piorkowski at a
by Stephanie Sansoucy Appalachian State University’s Student Government Association is working toward getting students to the polls this coming Election Day after voting changes in Watauga County moved voting on campus from Plemmons Student Union to Legends. One way SGA plans to do this is to try and cancel midday classes in order to allow students time to vote on Election Day. Director of Government and Student Affairs Sarah Dickson said that SGA does not want students to be penalized for missing classes in order to vote. SGA is still working with faculty in order to change class schedules and understands that the university may not be in favor because this was not presented at the end of last year, Dickson said. “The point that we are trying to make is that we want to make sure that students are aware they can vote on Election Day and not be punished for
SEE BUC’D ON PAGE 8
Justin Perry | The Appalachian
SGA seeks class break on Election Day
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Kim Reynolds | The Appalachian
Tactical Laser Tag took over Sanford Mall Friday with giant inflatable barriers. Students joined teams for the APPS-sponsored competition.
The Appalachian State softball team wins their first two scrimmages of the season at home.
SEE LASER TAG ON PAGE 4
SEE SOFTBALL ON PAGE 8