Letters to the Editor

Story discrepancies

We are offended by the fact that Rui was viewed as a suspect, detained and then charged by the University Police. We are even more deeply disturbed by the ongoing inadequacy of the University administration's response.

All agree that Rui was transporting bikes intended for a Spruce House bike club and that taking these bikes into the Quadrangle, which is also his residence, was a wholly legitimate thing to do.

Beyond that, there are significant discrepancies between the officer's narration (as provided to us, to The Daily Pennsylvanian and to others by Vice President of Public Safety Maureen Rush) of what happened on Oct. 11 and Rui's memory of the same events. We are less confident than University spokespersons have been that newspapers and public pronouncements are the best way to clarify those discrepancies.

Rather, we have proceeded by directing the Police Department's attention to the CCTV videotape that documents the incident -- a video we have viewed, courtesy of Rush. This video demonstrates that Rui neither moved toward the officer (as was stated in the original charge), nor gesticulated wildly, nor behaved aggressively in any way.

By meeting this past Monday with Chief of Police Tom Rambo, University Chief of Staff Pedro Ramos and Rush, we hope we have helped deepen that part of the investigation that still needs to happen. Previous to yesterday, Penn Police and other senior administrators had repeatedly expressed to us their certainty that they had reviewed all relevant materials and were justified in concluding that there had been no wrongdoing by the police officer involved -- despite the fact that no one had interviewed Rui.

Why have we found the University response so troubling? Thus far, what has predominated is an attitude of "circle-the-wagons," admit no mistake, make no apology. Indeed, Rush called our home the day after the incident, while Rui was still charged, and recommended that he plead guilty and perform community service, although it was as plainly clear then as it is now that he had done nothing wrong. It is distressing that University leaders might let their decisions be guided by defensiveness rather than by the kind of moral compass that we hope orients the judgment of our top administrators.

We are outraged, furthermore, that Vice President for University Communications Lori Doyle would state to the DP that she was "90 percent sure" that Rui resisted arrest, when not one person in the Division of Public Safety, from the arresting officer to Rambo to Rush, ever insinuated such a thing. Rush has clarified that Doyle was in error. Yet her statement immediately encouraged some members of the community to view Rui as having behaved aggressively, as can be seen from the online postings generated by the DP story.

In the rush to reassure the community that racial profiling was not involved, University leaders risk alienating people of color. Can people of color feel confident that they will not be viewed as suspects while on campus, whether or not they are carrying items of value? We were distressed to find no published policy against racial profiling by the University Police, yet we have now learned that the Police Department does have a comprehensive policy against profiling and against race-based stops.

Let's make that policy known to all community members. Perhaps we can think in terms of a campus covenant against racial profiling that might even distinguish Penn nationally.

Ann Farnsworth-Alvear Faculty master, Spruce College House

Rui DaSilva Associate faculty master, Spruce College House

Preventive behavior

A week ago, during fall break, there was an unfortunate incident involving public safety that has now been widely discussed and reported. These discussions and reports, in part based on inaccurate second- and third-hand information, have led to growing community concern over questions involving race, community safety and the intersection of these issues.

It is important for the community to know that Public Safety is committed to the protection of all members of our community and will strive to ensure that this protection is undertaken free from any racial prejudice or bias.

On Oct. 11, at about 11:30 a.m., Rui DaSilva, associate master of Spruce College House, and a companion were observed by a uniformed Penn police officer around the 3600 block of Spruce Street. DaSilva was carrying two bicycles, the other person was pushing a third. The police officer, aware of the recent spate of bicycle thefts on campus, tried to get the attention of the men so that she could find out why they were carrying three bikes.

For whatever reason, because they did not hear her, or understand the request, or otherwise, they did not respond or identify themselves, but continued to walk toward the entrance to the Quadrangle. The officer pulled her car into the entrance walkway, got out of her car, and again asked to speak to the men about the bicycles. The men did not respond. The officer then instructed the men to stop, to put down the bicycles, and to stand together against the Quad wall, as required by police protocols.

One of the men did comply; DaSilva did not. The officer repeatedly directed DaSilva to put down the bicycles. DaSilva has now told us that he tried at this point to explain who he was, but the officer, trying to watch both men, was unable to understand him, and was at that point concerned that the bicycle could be used as a weapon.

For that reason, when DaSilva did not comply, the officer warned him that pepper spray would be used. He still did not put down the bicycles, holding one on his shoulder and the other on the ground. The pepper spray was then used, after which DaSilva put down the bicycles and was handcuffed. He received a summary citation for disorderly conduct. The charge has since been withdrawn.

There is no doubt that this is a regrettable, and indeed quite troubling event. There are two competing and yet both legitimate interests at play. On the one hand, DaSilva and his companion, unknown to the police officer, were engaged in perfectly appropriate business on behalf of Spruce College House. Since they believed that they had done nothing wrong, they understandably could have been puzzled by the police inquiry.

On the other hand, the Penn Police have been coping with a significant number of bicycle thefts on campus, including at least one where the suspect was armed, along with other crimes, and have been charged by our community with keeping the campus safe and secure for everyone. The police officer appropriately tried to ask for an explanation of the activity she viewed as raising a reasonable suspicion of unlawful conduct. It was behavior, not race, which resulted in the stop. When the officer did not get an explanation, she proceeded in accordance with proper police directives.

DaSilva and his wife, Professor Ann Farnsworth-Alvear, have viewed the CCTV tape with Public Safety, and we believe that they are interested in continuing to engage with Public Safety and the University community to address the underlying issues presented.

Like many of our transactions in American society, our efforts at security are deeply inflected by racial tension. Over the years, the University has attempted to address that tension forthrightly. Public Safety, in particular, has taken steps to monitor and train its police officers on a range of racial issues, including specifically the avoidance of racial profiling. Indeed, Public Safety, as part of the University community, has worked hard, and continues to work hard, to deal openly and sensitively with these difficult issues.

The balance between individual rights and collective safety is and will remain fraught with the danger of misunderstanding on every side. Let us move forward from this disquieting event and redouble our efforts in an environment of mutual respect and good will. In this spirit, Public Safety commits to continue to work with the minority community, and the Penn community as a whole, to ensure the protection of everyone's right to feel safe on our campus.

Maureen Rush Vice President for Public Safety

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