Racy photo lands student in trouble

The water buffalo is back. Let's hope that this idiotic prosecution gets tossed before it too embarasses Penn into sanity. OSC must be a dumping ground for losers if they can actually write stuff like this with a straight face: the pictures were posted "without that student's authorization and in a manner highly invasive of the student's privacy." If you're having sex in public, you can't expect privacy. Close the damn curtains! They were probably trying to "put on a show." As a result of not closing the curtains, some nitwit found she had created "an intimidating living environment." Duh. That's her fault. If anything, OSC owes the photographer an apology for this crazy prosecution. Let's hope this isn't a water buffalo affair part 2. More on the water buffalo affair at Penn: http://www.shadowuniv.com/excerpts-wb1.html P.S. Kudos to the DP for posting the pictures on their website! It's great to have a truly independent newspaper on campus. alumnus 2001 Manhattan

I've been in a lot of rooms in Hamilton, and have yet to see one without blinds. This is completely ridiculous. If the student in the picture is embarrassed, good, she should be. I hope the photographer does not take the deal offered. His counter-offer should be removing the photos from his website, period, end of story. The people in the photos should be writing letters of apology to the students in the opposing hi-rise who had to view their questionable behavior. Penn Mom, state government Florida

This guy did nothing wrong. Once something is in the public domain, it's public information. I wonder if the people prosecuting this kid have ever read the National Enquirer??? Celeberities get embarassing pictures taken of them all the time, but they can't do anything about it because they were in public. This kid needs to be a man and fight this case. Don't let Penn push you around. Contact the ACLU, and try to get on TV. I'm sure Bill O'Reilly would love to talk about this case. Good Luck! Cory Bray, Student Penn

Ok, so the student did something jerky. I agree that he should have to write a letter of apology, given that the picture had some features that made it possible to tell who was in it. But disciplinary probation??? A mark on his legal record??? The purpose of probation is to watch someone and catch them in the event of further offenses, but I hardly think that what this student has done indicates that he is some kind of menace, or suggests that he will do anything else worthy of discipline during his time at Penn. I cannot believe that student conduct is considering punishing this student in a way that will have lasting effects in his life and ability to get a job. Contrast this with plagiarism, an offense regarding which Penn claims to have a "no tolerance" policy. Undergraduates plagiarize all the time at Penn. I taught a class this summer and found that 1/3 of our students directly copy-pasted things from the articles they were supposed to be summarizing. Via student conduct, every single one of them got away with it with no lasting consequences, even a student who copy-pasted his ENTIRE PAPER. Their punishment? They informally said that they were sorry to student conduct, and those that plagiarized the most had to rewrite their papers. They didn't fail the class, or even the paper assignment, let alone get placed on academic probation or get a permanent scar on their legal record. Why is this student being marked as likely to commit further offenses (EVEN BEYOND COLLEGE) after doing something that surely isn't a chronic practice when plagiarizers -- who, chances are, have plagiarized before and will plagiarize again -- get off with a slap on the wrist? Seriously... it caused the pictured students serious distress to have their picture posted on the web? You know what causes ME serious distress? Seeing kids have sex in public. By making that choice, they were accepting the possibility that they could be seen by anyone who happened to walk by. It is ludicrous to mar someone's legal background check because they took a picture of some people in public, even if it was a mean sort of picture to take. Saying that what this student did was wrong beyond a "that's a rude thing to do" level is like saying that someone should be able to give a public speech and then prosecute other people for quoting him on it. There are photographers who make their whole living taking pictures of celebrities doing things in public places that celebrities would rather other people don't see. Is that lame? Yes. Is it illegal? Hell, no. Acacia Parks, Grad Student Dept of Psych @ Penn acparks@psych.upenn.edu

What a joke! Close the freakin blinds. Tomorrow I plan to walk to class naked with a yellow stripe and I'll sue anyone who takes a pic. Yes, pretty poor taste - especially to share identifying info - but not a punishable offense. Anything Terrell Owens says should be embarrassing to him, as should everything Dennis Rodman wears, but if they choose to do it in public, that's their problem. J Siev, Grad student Penn

As legitimate as it sounds that the student photographer was a law-abiding student, why hasn't anyone not though about the rights of the student who is pictured? YES, they were indecent and in the view of the public.....sort of. If you live in the high rise directly across from them AND use binoculars to stare into other people's rooms! What kind of hobby is that for an "upstanding, Penn student" on a friday night! In addition, rather than to view the sexual act and comment upon it, this student caused intentional distress by distributing photographs on websites, emails, and AOL! Also, this student printed out the photographs and posted them on campus!! I do agree that if the students in the window were opposed to others viewing them, they would have closed the blinds. However, it still does not justify the intent to inflict pain upon another student by distributing her name, ROOM #, and photographs through more than 3 venues around campus and to the public. I am disgusted that I am a part of this community in which I must walk around being afraid that any other student will make a public mockery of anyone's given mistakes. I'm sure the girl in the high rise has learned her lesson. After all, not only did a sexually perverted student exploit her to her fellow colleagues with whom she must work around and with; he is being supported by those who have chose to write an article and publish the picture once more in the newspaper. As if enough damage has not already been done, why is it that us a student body must promote further publication of this matter..??? I think a letter of apology from the "photographer" (who by the way is in engineering, not photography!) is quite appropriate. In accordance to that, the student who chose to engage in the act has been punished by far more than neccessary through public exploitation. "Bad taste" is to say the least. Wait a Minute...

Uh, so if this kid is guilty for posting these pictures online, isn't the DP now guilty of doing the same thing? If this kid is charged with "harassment" the DP now must also be charged with "harassment". I don't think that anyone involved should be charged with anything, I just found this article and photo to be a bit ironic. van wilder, student keeping it real

I don't know who has worse taste, the asshole who took the picture or the DP for putting it on the front page... Regardless of your opinions on if the photographer was in the wrong or not, I am disgusted that the DP decided to capitalize on this "racy photo"...I'm sure that made this student feel really great this morning... And, as far as the "she had it coming to her" argument goes, just because the student made a questionable decision doesn't make it right for others to publicize photos of her and harass her...I'd bet that most of the students here have made bad choices that don't get plastered all over the internet and the school newspaper It's events like this that make college campuses breeding grounds for the aggressive harassment, sexual and otherwise, of women...I hope that all the voyeurs out there enjoyed yourselves...maybe something like this will happen to your girlfiends, sisters, etc. one day disappointed in the dp

Regarding what "Wait a minute" said...anyone living in High Rise South facing north who happened to look out their window the day it happened would have seen it. It took place DURING THE DAY, not on a "friday night" as your are assuming, and you can see into the rooms just fine without using binoculars. ALSO, you have absolutely no proof or evidence that the student in question also posted the pictures and the identity of the "victim" around campus. so stop making stuff up, it doesn't even say anything in the article about pictures posted all around campus! AND there were likely multiple photographers, as stated at the end of the article! So before you start assuming things about this student- that he's nothing but a peeping tom looking purposely for things like this to happen- maybe you should get your facts straight. Many people saw what happened. it occurred in BROAD DAYLIGHT, and their room is in DIRECT view of almost an entire college house! These people brought it upon themselves, end of story. No Way

Did anyone actually see the pictures? If you had, you'd notice that they aren't on the ground floor. They're hundreds of feet in the air. It would almost be impossible to "walk by" and see them. Even if you lived in the other dorm two football fields away, the only thing you could make out is two figures, and then you'd have to take out your camera and zoom it all the way, and then take it back to Photoshop and zoom it more, just to make out the picture you see on the front page. So if any of you are ignorant enough to think that this was a "casual" photograph taken by some guy that was just admiring the scenery, you're wrong. Another thing, yes it was in broad daylight, but if you think that's a bad thing, you'd don't know a lot about windows. It would actually be harder for anyone to see in any windows in the daytime, and extremely easy to see in them at night. If these two were in the middle of a field making out that's one thing, but that high and that far, even if the blinds weren't down, someone was trying their darndist to take that photo. So before you ridicule and say "oh well it's her fault if anyone can see", get the facts. To the paper, I would expect more from a school paper at one of the finest institutions in America. I would expect more. Above all things, I bet these people weren't trying to get seen. If they had, it would have been in a public place. That being said, these people must be very hurt by this, so have some compassion here. These are real people, real students, so think about it before you make quick judgment. pennpost, posting this msg house

Awww, "pennpost" is right: they weren't trying to be seen. They were just... in a hurry. In such a hurry, actually, that the dude's pants were still around his ankles. Sophie Uy, Student a room with curtains. actually no... a room with one curtain.

So let's look at what happened here: Two students were having sex. That's their business. But they make it our business when they do so in the middle of the day with the blinds up and against the window. OK, so they made a mistake, to give them the benefit of the doubt. That being said, we live in a society where you have to answer to the consequences of your actions. This is not grade school. We can't run to the teacher and have someone else reprimanded. Yes, maybe the student shouldn't have taken the pictures and posted them. But he did. Even if he was trying hard to zoom in, the people in the picture are indistinguishable. Whatever harm he caused her is bad; but she will not suffer legal repurcussions due to the photos. Is it fair to make him suffer legally for her actions and her emotional distress? No. He should write an apology, and mean it. But not stay under probation for as long as it takes him to graduate. That's unnecessary, and could end up ruining his entire life. It can also be said that the students having sex did so in plain sight, in public. They can be seen from the other high rise. Without binoculars. Sex in public is against the law. If you're going to punish the photographer, punish the exhibitionists as well. student

The DP didn't mention that these people had sex in the afternoon on 3 consecutive days for all to see..friday & saturday at 4pm and sunday at 6pm. How do I know? I live in HRS and anyone, without binoculars, could clearly see what was going on. Student in HRS

You've made your bed, now lie in it! -or up against the window. 1. The DP cannot be punished by the university, that's the whole point of being an independent newspaper. These people were in a public place, where anybody can take pictures- without consent. If the DP weren't allowed to publish this, they wouldn't be allowed to publish pics at football games or of locust walk either. 2. I do feel sorry for this girl. Genetics obviously conspired to make her one of the dumbest people on the planet- this is truly sad. 3. Props to the photographer! You did exactly what you should do in this situation, except I may have gone to the paper first rather than posting online. Either way, BRAVO! kyle, amazed penn

thank you pennpost for your reasonable comment at least some of the people that go to this school aren't cold-hearted douchebags. give the girl a break the photographer sounds like he is getting a slap on the wrist. i'm sure he has the time to write a letter of apology, since he had ample time to watch other people having sex, take photographs of them, and post them all over the internet this is such a ridiculous story, good job DP, you'll all make excellent contributors to the tabloids in a few years tired of these posts

It seems to me that it matters that the initial post was password protected. If the student who posted then gave the password to trusted people, someone violated that trust by putting the pictures elsewhere. Even if there were no password protection, this would have been a tasteless act but not one calling for any discipline. But, if the student really made an effort to make it non-public, then it is even less tasteless. Jonathan Baron, Professor Psychology baron@psych.upenn.edu

I thought the DP article must be a joke. Repeating the photo with large distribution while reporting on the alleged impropriety of similar conduct? I hope those involved in prosecuting this matter have the good sense to drop the matter and recognize the 1st Amendment. An Alum, Lawyer New York

to Roman: For the first time in DP commenting history, I ACTUALLY AGREE WITH YOUR OPINION. Commence the apocalypse. Perhaps I'll take a visit to Hell and see if it is frozen over. :-P OMFG, LOLLERCOPTERS

If this kid gets suspended/expelled, I think my alumni checks will also get suspended, for how long I don't know, but this is bullshit. People having sex in plain view in an urban window are fair game. No privacy was invaded. If the guy had an infrared lens or broke into their apartment, yes, their privacy was violated. Having sex in broad daylight pretty much voids your expectation of policy. Also, to everyone saying that the girl is a victim: thats bullshit, she's no more a victim than the guy is. Furthermore, neither of them are fucking victims. Max Cantor (alum), Alumnus Tokyo, Japan

I hope the University chooses to abandon any disciplinary actions on this student immediately. If they don't, shame on them. I do feel bad for the girl. We've all made mistakes and would rather they not be plastered on the internet. However, the photographer is not to blame for her poor decision not to close the blinds. Her (and they guy's) decision not to do so clearly shows that AT THE TIME they did NOT particularly care about their privacy. It's not like they were in a bed and *accidentally* forgot to close the blinds (which would be more understandable), she was pressed up against the window. She can't turn around now and pretend that she had intended the moment to be private. She obviously regrets her decision and is living with the consequences more so than most of us have to for our less public mistakes. However, a sexual harassment charge on the photographer solves nothing and damages the "free speech" idealism of this University. Jon, Student Philly

this is such a ridiculous story, good job DP, you'll all make excellent contributors to the tabloids in a few years So you're assuming that anything newsworthy that is considered ridiculous should only be posted it tabloids? By your thinking, FEMA's response to Hurricane Katrina (which was beyond ridiculous) should not be on CNN, MSNBC, etc, but rather on the National Enquirer,The Star and the Weekly World News! Alum 2003, Amazed Alum New York, NY

A) This is not sexual harassment B) The two might be exhibitionists and I think the photographer has voyeuristic tendencies (not that that's a bad thing) C) GREAT camera work Issues I have: You only snapped 2 photos? Get a better zoom lens. Why wasn't a video taken? Penn96, Finance NYC

Hey Max, how's Tokyo? This embodies so much of what is wrong with the University and its student body. My question is, has anyone brought the two student's up on public indecency or lude and liscivious behavior charges? A window is not a bed and having sex against a window does not happen "accidentally" or without awareness of the situation and a degree of intentionality behind the public exposure. Last I checked, sex in public doesn't fly. The photographer documented the offense so I demand justice. Clearly this situation is absurd. These two students created a public spectacle and now, for whatever reason, regret it. Their mistake, the DP should print the names. The litigious nature of our society promotes idiotic behavior like theirs and these two should at least be taught a lesson in the court of public opinion. The only way this could be construed as sexual harassment is if the event did not occur and the photographs were intentionally digitally (or otherwise) fabricated. Southworth New York

How come nothing like this went down when I lived in highrise north?! Fucken bullshit! All I got to see was some dudes streaking during Econ Scream. Whata waste. I guess there's always grad school. Keep taking pics bro, more power to ya. F the OSC, F the DP. Penn Alum '04, business SF

At Rutgers, there are newspapers with off-color photos - including the Medium. It's a college thing. So I'm NOT surprised that some college kids did "it" with the windows open, and I'm also NOT surprised that someone decided taking their picture would be a good idea, ok? Maybe all of 'em were drunk at the time, which is another famous college sport. Nudnik, Student Rutgers U. rickyrab@eden.rutgers.edu