Pubdate: Thu, 11 Nov 1999
Source: Brunswickan, The (CN NK)
Copyright: 1999 The Brunswickan
Contact:  Accepts LTEs from UNB students only!
Website: http://www.unb.ca/web/bruns/
Author: Gordon Loane, The Brunswickan
Note: The Brunswickan is Canada's Oldest Official Student Publication -
University of New Brunswick

"IT WASN'T MARIJUANA"

Student Says His Eviction From Residence Was Wrongful

Former UNB residence student, Derek Stapleton, plans to launch an appeal to
University Secretary Stephen Strople, after being evicted from MacKenzie
House earlier this week.

He was evicted after an incident involving alleged use of marijuana in his
residence room.

Stapleton maintains his innocence and told The Brunswickan this week that
neither he nor his eight friends who were partying in his room the night of
October 30th were smoking marijuana.

Stapleton said a friend of a friend was visiting his room and was smoking a
brand of American cigarette tobacco that when smoked, did smell somewhat
like marijuana.

Thinking that residence authorities might get the wrong impression,
Stapleton said he and his friends tried to clear the air in his residence
room by spraying air freshener.

A first application did not seem to work, so Stapleton and friends used the
air freshener a second time. Shortly after that, the trouble for Stapleton
began.

MacKenzie House third floor Proctor, Stephen Sharp, apparently smelled what
he thought might be marijuana and alerted UNB Security, explained Stapleton.

When Sharp and an unnamed security person showed up at Stapleton's room,
they apparently had to knock on the door at least three times before
gaining admittance.

"I told them to come in and they were allowed to look around my room and
look anywhere they wanted," Stapleton told the Brunswickan less than 24
hours after being kicked out of residence, Tuesday, at 5:00 pm.

"They went through the room, looked at the ash trays and that and did not
find anything," Stapleton claims.

A friend of Stapleton's, Jason Ross was in the residence room in question
that night when the proctor and a UNB security person went through the place.

"The campus security guy said I don't really know what it is but it could
be a marijuana cigarette," Ross said.

"The security guy said "I'm not saying it is or is not, I'm not quite
sure,'" is how Ross remembers the conversation.

Ross said now that the matter has progressed to residence administrators,
the campus security guy seems to have changed his story

"He now has told residence authorities that he felt it definitely was the
smell of marijuana," Ross maintained.

Since the October 30th incident, Stapleton has taken his own initiative and
set up a meeting with UNB's Associate Director Residential Life, John
Craighead.

Craighead launched an investigation of the matter and also talked to
several people including Stapleton and Ross as well as Chris Runyon, who
was smoking tobacco in Stapleton's room that night.

Craighead then decided to evict Stapleton but Stapleton had appealed to
UNB's Director of Residential Life and Conference Services, Michel
Ouellette, who is Craighead's boss. Despite the appeal to Ouellette and a
petition signed by 75 of the 100 residence students in MacKenzie House
supporting Stapleton's position, Ouellette turned Stapleton down and
ordered his removal from the residence.

"Ouellette told me he could not grant the appeal without substantial
evidence that I can actually prove that I had not part in it," Stapleton said.

Stapleton feels he has been kicked out of residence based on pure
circumstantial evidence. He said the matter has resulted in frustration and
lost sleep and has affected his academic performance.

"Without the sympathetic support of my professors, who have granted me
extensions on assignments, I would not be able to complete my fall term
with any measure of success," he said.

With the assistance of friends, Stapleton was able to locate an apartment
this week that is within close walking distance of the UNB campus.

Stapleton has been ostracized because of his eviction and can no longer
visit friends in MacKenzie House, attend university events or play three
team sports he was involved in.

The ban imposed means he can only appear on campus to go to classes, tend
to his academic work and eat meals at McConnell Hall if he buys into the
meal plan. Since he does not plan to buy into the meal plan, he claims to
be now banned from McConnell Hall as well.

Stapleton said all he wants at this point is to clear his name as a matter
of principle.

Meanwhile, four of Stapleton's friends who were in his residence room on
October 30th, and who support his claims of innocence, also visited the
Brunswickan offices this week.

"The reaction from many residence students in MacKenzie House to
Stapleton's predicament is "Wow! That could have happened to me," a friend
of Stapleton's said.

Several of the students said the incident has "scared" some MacKenzie
residents into believing they could be next on the eviction list.

"It has created an atmosphere of suspicion and mistrust less than three
weeks before the end of the fall term and the beginning of Christmas
exams," one student said.

"There is enough pressure on us at this time of year without this," said
another student and a friend supporting Stapleton.

Ouellette and Craighead were both unavailable for comment on the matter at
press time.
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