09/18/2000

STATE COLLEGE (AP) -- A computer engineering major at Pennsylvania State

University who helped hang a protest banner outside a National Governors

Association reception on campus faced defiant trespass charges that were

later dropped.

But Justin Leto was placed on deferred suspension by the university's

Judicial Affairs Office.

He is among several students voicing concern that the state's largest

university doles out swift punishment to some -- whether or not they are

convicted of anything in court -- while the Nittany Lions' starting

quarterback Rashard Casey faces assault charges in New Jersey and no

discipline on campus.

"We think they're going to bend over backward to find Rashard Casey innocent.

But they'll do whatever it takes to find other people guilty," Leto said.

Other critics of the university's student justice system say it rushes cases

through a process that does not ensure Fifth Amendment rights or that they

be represented by attorneys.

"The law's clear. The university can act to discipline students, and their

Fifth Amendment rights don't have to be applied when the students are going

through that disciplinary process," said Andrew Shubin, a State College

lawyer representing three students cleared of charges in connection with

hanging the banner more than two months ago.

"But that doesn't mean it's wise or fair," Shubin said.

Casey was charged May 14 with assault in an attack on an off-duty police

officer outside a bar in Hoboken, N.J. Police say Casey and another man

kicked the victim until he was unconscious. Casey denies the charges.

University spokesman William Mahon said Penn State's disciplinary system is

fair, and has received "overwhelming" approval from students who have faced

it.

"The system's a good system, in place for many years," Mahon said.

Complaints about how the university has handled Casey's case emerged when

students arrested early July 16 for what authorities called "riotous

behavior" found themselves quickly facing suspensions before their cases went

to court.

That night 28 people -- including 18 Penn State students -- were arrested

after a mini-riot near the campus at the conclusion of the annual Central

Pennsylvania Festival of the Arts.

Two years ago some 1,500 students gathered as rioters during the same festival,

and set bonfires, tore down light posts, battered storefronts and injured more

than a dozen police officers.

July's melee was smaller, with the most serious charge aggravated assault for

throwing a rock at a police officer. Most were accused of failure to disperse

and resisting arrest.

Of 11 students disciplined by Penn State for their roles in the mini-riot, five

were suspended for a year or given probation. The other six are appealing their

punishments, including suspensions.

One of those, Martin Austermuhle, is a senior majoring in international politics

who is attending Penn State on a student visa. He said he was charged with

failure to disperse, though he wasn't a rioter. His case has yet to go to court.

Penn State suspended him for a year. He could lose his visa and be sent home to

Costa Rica.

"I'm willing to take a penalty, but this indirect deportation is too much," he

told the Pittsburgh Post-Gazette.

Mahon said the university met with police and viewed videotapes. "I'm not

surprised that some people facing discipline would have complaints," he said.

Others support the university's swift action, particularly in light of the riot

two years ago.

"The riot is troubling because it happened two times now, and we don't want it

becoming part of the culture," said Peter Marshall, manager of State College

Borough.