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SCOTT B. SCHULMAN v. FRANKLIN AND MARSHALL COLLEGE (02/22/88)

filed: February 22, 1988.

SCOTT B. SCHULMAN, APPELLANT,
v.
FRANKLIN AND MARSHALL COLLEGE



Appeal from the Order entered in the Court of Common Pleas of Lancaster County, Civil Division, No. 1223-1986

COUNSEL

James H. Thomas, Lancaster, for appellant.

David R. Keller, Philadelphia, for appellee.

Cirillo, President Judge, and Cavanaugh, Brosky, Del Sole, Montemuro, Tamilia, Kelly, Popovich and Johnson, JJ. Kelly and Popovich, JJ., concur in the result.

Author: Tamilia

[ 371 Pa. Super. Page 346]

This appeal calls to mind two relevant quotations by noted authors. The first, "Life is My College, May I Graduate Well, and Earn Some Honors", was penned by Louisa May Alcott. The second, "A University Should be a Place of Light, of Liberty and of Learning", is by Disraeli. Appellant Scott Schulman apparently heard of neither.

Plaintiff/appellant Scott Schulman filed a complaint in equity requesting preliminary injunctive relief from a one-year suspension from attendance at Franklin and Marshall College. At the time of the suspension, appellant was a

[ 371 Pa. Super. Page 347]

    sophomore and the suspension was for a portion of the spring 1986 and the entire fall 1986 semesters with the suspension to be noted in his transcript as required by the sanctions outlined in the College Student Code.

Pursuant to the Student Code, appellant was found guilty by the Committee on Student Conduct for violating various sections of the Code in that he was guilty of misconduct involving fellow female students. These instances of misconduct included harassing female students and making lewd and lascivious comments about their dress, body and behavior; locking two female residents out of their rooms while he was in the room going through the lingerie drawers of both women and exchanging the contents of both drawers; placing a condom on the door of a female student; loitering near the women's bathroom, sometimes "falling into" the women's shower room while women were trying to bathe and following women into the bathroom; setting fire to a pair of men's underwear that was attached to the doors of two female students; pushing a female student against her will onto a bed and attempting to pull up her nightgown in front of his roommate; grabbing a female student by the breasts several times against her will; and verbally harassing two female students on numerous occasions. Following the hearings on these charges and the finding of guilt, appellant took an appeal to the Dean of Students who affirmed the decision of the Committee. Thereafter, the appellant was permitted to remain in school pending appeal with the stipulation that he was to stay out of the student dining room and was to avoid any contact with the female students.

Appellant violated the conditions of this stay of implementation of the suspension and, thereupon, the suspension was put into effect. The appellant then filed an appeal with the College President which was denied by letter dated April 16, 1986. Following that action, appellant filed a complaint for a preliminary injunction in equity and a motion for a special preliminary injunction in the Court of Common Pleas of Lancaster County on April 17, 1986. Pursuant to these petitions, a hearing was held before the Honorable Ronald

[ 371 Pa. Super. Page 348]

L. Buckwalter, in which testimony was taken from the Dean of Students, Career Counselor, Associate Dean of Students, Chaplain of the college, appellant's mother and the appellant. Following the hearing, the trial court denied the preliminary injunction, which required the appellant to go ...


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