Pubdate: Thu, 23 Aug 2001
Source: Morning Call (PA)
Copyright: 2001 The Morning Call Inc.
Contact:  http://www.mcall.com/
Details: http://www.mapinc.org/media/275
Author: Tyra Braden

OUSTED LEHIGH STUDENT FILES SUIT

North Carolina man wants to be reinstated. He was a senior when he was 
arrested on drug charges.

A Lehigh University student ousted in March after his arrest on drug 
charges has sued the school, saying he should be allowed to remain at the 
university.

John E. Pavlik of Chapel Hill, N.C., filed his complaint Wednesday in 
Northampton County Court. He is represented by attorney Philip D. Lauer of 
Easton.

Pavlik was a 22-year-old senior living at 323-C W. Packer Ave. on March 20, 
when he was arrested. Pavlik is suspended for seven semesters and is 
awaiting notification about whether he will be expelled.

Two other men, including another Lehigh student, were arrested March 21. 
Police said they seized $137,400 in drugs and money after an undercover 
investigation into campus drug dealing. Police said that the day after his 
arrest, Pavlik served as a confidential informant, and his cooperation led 
to other arrests.

Pavlik was charged with possession, possession with intent to deliver and 
delivery of cocaine, marijuana and Ecstasy. Peter Hungerford, 18, of the 
McClintic-Marshall House dormitory, 39 University Drive, a Lehigh freshman 
from Syracuse, N.Y., was charged with attempt to possess with intent to 
deliver marijuana, attempt to deliver marijuana, conspiracy to deliver 
marijuana, possession of marijuana and possession of drug paraphernalia. It 
is unclear whether he was suspended.

Scott M. Kapun of 5216 Geissinger Road, Upper Milford Township, who police 
said is a warehouse worker, was charged with possession, possession with 
intent to deliver and delivery of Ecstasy and LSD.

In his complaint, Pavlik says that other Lehigh students, whom he does not 
name, were involved in the drug trade and did not undergo "significant 
disciplinary action." Further, the suit says, Pavlik's "source of supply 
has been permitted to graduate from, and was awarded a degree by" Lehigh.

Lehigh spokesman Bill Johnson said the school would not comment.

According to the complaint, Pavlik had a hearing May 7 before Jennifer F. 
Volchko, associate dean of students. On May 8, she wrote a letter, which is 
attached to the complaint, saying that Pavlik had violated the school's 
Code of Conduct. "You conspired with another Leigh University student to 
distribute illegal drugs on Lehigh property," Volchko wrote.

The complaint says Pavlik has not admitted wrongdoing, but Volchko's letter 
says: "You pleaded guilty to both charges. I have found you guilty of both 
charges."

He is awaiting trial on the criminal charges.

Volchko recommended expulsion and imposed the seven-semester suspension. 
Pavlik was told that he will be notified this month or next about the 
school's decision on the possible expulsion.

In a letter of appeal to Volchko's decision, Pavlik wrote: "The fact is 
there are many students doing what I was doing and much more. Lehigh has a 
major drug problem, on which my departure has had little impact. I have 
admitted my guilt. Please don't make me a scapegoat."

Lehigh denied his appeal.
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