Pubdate: Wed, 06 Sep 2006
Source: Washington Square News (New York U, NY Edu)
Copyright: 2006 Washington Square News
Contact:  http://www.nyunews.com/
Details: http://www.mapinc.org/media/1621
Author: Josh Burd
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

JUDGE: POT PENALTY TOO HARSH

A student who was caught with drugs  in his dorm room last year won 
his appeal against NYU  last week after claiming the university's 
punishment  was too harsh.

But now NYU is appealing the ruling.

Michael Quercia, a math major from North Babylon, New  York, was 
sentenced to 500 hours of community service  and kicked out of school 
until 2007 or later by the  University Judicial Board after Public 
Safety officials  found what was suspected to be marijuana in his 
Lafayette Street residence hall suite.

Quercia's lawyer, Bernard Kleinman, filed an appeal in  the Manhattan 
Supreme Court last June. Last week  Justice Walter Tolub ruled that 
the sentence imposed by  NYU was "too draconian," overturning the 
Judicial Board  ruling and bumping it down to 100 hours of community 
service. The judgment also stated that Quercia shall be  "permitted 
to be reinstated as a student at NYU" and to  enroll in classes after 
completing the 100 hours.

"The university is particularly heavy-handed here,"  Kleinman said. 
"They can't just arbitrarily and  capriciously decide that they're 
going to kick you out  of school."

University spokesman John Beckman defended the Judicial  Board's 
ruling and process in an e-mail.

"The potential disciplinary sanctions for drug use,  possession or 
sale at NYU are clear, and they range up  to and include expulsion," 
he said. "We have a  disciplinary process that is fair, appropriate 
for our  institution and has been in place for many years; the 
sanction this student received resulted from that  process."

Quercia was arrested and charged with narcotics  possession in May 
2005 after a Public Safety officer  found "a green leafy substance" 
and various drug  paraphernalia in his room, according to court 
documents. The officer alerted the New York Police  Department, which 
then identified the substance as  marijuana.

According to the ruling, the university sent Quercia a  letter within 
a day of the arrest informing him of his  immediate suspension and 
instructing him to initiate a  hearing with the Judicial Board. But 
Kleinman,  Quercia's attorney, said he did not want his client to 
face the university hearing before facing the charges  in court, 
because doing so would force him to waive his  Fifth Amendment right 
not to testify against himself.

Quercia appeared before a New York Criminal Court judge  in January 
and pleaded guilty to disorderly conduct --  a violation, but not a 
criminal offense, Kleinman said.  He was charged a $95 fine and 
sentenced to 10 days of  community service.

Quercia finally appeared before the Judicial Board in  May for 
violation of the university substance abuse  guidelines, Kleinman 
said. The university panel  concluded the substance was marijuana and 
ultimately  handed down its decision for the 500 hours of 
service  and immediate suspension from the university.

Kleinman emphasized that his client never actually  admitted to 
having possession of the drug, calling  NYU's conclusion "an 
assumption that it was marijuana.  There was never any forensic 
evidence or testing done  on it."

Beckman pointed out that there are limits to judicial  review on 
universities' academic and disciplinary  decisions.

"While there are instances in which a judge can modify  a 
university's disciplinary decision, NYU does not  think this case is 
one of those instances," Beckman  said. "We are definitely appealing 
this decision."
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