Students Expelled for Alleged Racial Attack
Some say punishment does not go far enough
By Heather Harlan

Following an alleged racial attack on four Asian American students on Feb. 27, State University of New York Binghamton officials expelled one of the accused assailants. Two other students who may have also been involved, however, will be allowed to return to campus.

The university announced the disciplinary actions on May 1 after conducting judicial hearings. Freshman Nicholas Richetti was expelled. Chad Scott, also a freshman, was suspended until fall 2002 and will be barred from university housing and other areas of campus. Charges against junior Christopher Taylor, on the other hand, were dropped. All three students still face criminal charges of second-degree gang assault.

Four Korean American male students say that the three young men, who are all white and members of the school’s wrestling team, attacked them outside of a dormitory. The victims, all freshman, said the attackers yelled, “You damn chinks!” and “This is what you get for being chinks,” while striking them.

John E. Lee suffered from a skull fracture, hemorrhaging and a cerebral concussion, while the three others had only minor injuries. Lee, 19, was taken to a local hospital and treated for two days before he released himself, fearing he would fall behind in his classes.

Students at the university said they are disappointed that only one of the three accused attackers was suspended. “We’re not satisfied,” said Peter Vando, president of the school’s Asian Student Union. “Scott should have been expelled, too, and to have Taylor just walk free without any disciplinary action is a slap to our faces.”

In protest of the administration’s response to the crime, nearly 300 students from five different colleges participated in the April 29 rally, said Vando. Another rally on March 15 brought out more than 500 Binghamton students, faculty and staff.

Vando said his group recently presented the university with a list of demands that included the expulsion of Scott. They are also asking that positions for two Asian American counselors be created. Although several meetings have been held with university officials, Vando said, the demands have not been fully discussed.

“All they wanted to discuss was how we should represent ourselves to the press—whether we should be giving statements and reporting what was said during the meetings,” Vando said. “We asked if we could have an open meeting. When they refused, we walked out.”

University officials would not comment on the results of the disciplinary board’s findings.

The hearings were conducted before a panel of university administrators. The students each had their own lawyers present. An attorney representing the university and an attorney from the Asian American Legal Defense and Education Fund (AALDEF) were also present as observers.

Afterward, Sin Yen Ling, an AALDEF attorney representing the victims, criticized the way in which the hearings were conducted and the results, charging, “the administration subjected the Asian American students to unfair and abusive questioning, even though they were the ones who suffered injuries and racist slurs.” For example, she said, on three occasions the Asian American students had to confront the attackers, and no emotional support or psychological counseling was offered afterward.

She added: “Given the amount of testimony provided not only by students but also by witnesses, if the final result is that only one student is expelled, what does that say about the administration’s duty to provide a safe and secure environment for it’s students?”

But Katie Ellis, a spokesperson for the university, did say that under federal law, the university is only allowed to release the names of the students charged, the violation committed, and any sanction imposed by the institution on the student.

“Each student had charges to face and each had their own hearing,” Ellis said.

Richetti was found responsible for two violations of Abuse 1, which under the Rules of Student Conduct is defined as “causing physical injury to another person … striking, shoving, kicking, or otherwise subjecting another person to physical contact or attempting or threatening to do the same.” He was also found guilty of racial harassment. In addition to being expelled from the university, he was also ordered to make restitution to the victims for all medical bills not covered by insurance. Similarly, Scott was found guilty for the same charges, and also ordered to pay the victims for any medical bills not covered by insurance. Both students have the right to appeal the decisions. Meanwhile, Taylor, who was cleared of those counts, has returned to campus, said Ellis. A grand jury proceeding is scheduled for May 9 and 10 for criminal charges.

Luiz Lee, John Lee’s brother, said he is angry with the school. “The method in which they conducted the judicial hearings was unacceptable,” he said. “Their judgement is even worse. It’s a slap in the face to me, my family, to my brother, and my brother’s friends.”