U. Court to try Sammy the Owl


Gallagher: `I feel that I will be able to prove my innocence'

by George Hatoun

Sid Richardson College junior Stephe Gallagher will go before the University Court next week on charges related to his performance as Sammy the Owl at the Nov. 9 Rice-Texas A&M University football game.

U. Court officials would not comment citing confidentiality concerns, but Gallagher told the Thresher that he is facing three charges:

* Underage drinking;

* Public intoxication; and

* Disturbing the peace.

"I feel that I will be able to prove my innocence," Gallagher said.

At a preliminary hearing, Gallagher plead "not guilty" to the charges. If he is found guilty, U. Court told him that he could be sentenced to:

* 10 hours of community service;

* 10 hours of counseling; and

* Not wear the Sammy costume again while at Rice.

Gallagher said that he does not believe it is within U. Court's jurisdiction to remove him as Sammy. The trial will be held on either Monday or Tuesday.

Dean of Student Sarah Burnett refused to discuss the specifics of the case because of the Family Educational Rights and Privacy Act of 1974, which prohibits the university from releasing personally identifiable information about a student's record.

But Burnett did comment on the range of options that U. Court has in sentencing. "Any person appearing before the University Court could face any of a variety of penalties.

"A person holding an elective or appointive position in any student organization would automatically be barred from holding the position if he or she is put on disciplinary probation," she said.

In this particular case, the issue of what organization Sammy belongs to is somewhat muddled, but U. Court also has the power to recommend that a student lose a specific right or privilege, including the right to wear the Sammy costume, Burnett said.

Wiess College Master John Hutchinson confirmed that Gallagher had been found guilty by the Wiess Court; Gallagher was fined for damage to private property that happened prior to the Texas A&M game, but no charges related to intoxication were involved. Both Hutchinson and Gallagher said that the Wiess incident is unrelated to the U. Court case.

However, Burnett said that relevant information and testimony from a college court case could be used in a U. Court trial.

She also said that many of the problems related to Sammy spring from the fact that no organization clearly has control over the mascot.

"According to [Student Association President] Maryana [Iskander], there is nothing in the Student Association Constitution about a Sammy the Owl position," she said.

"The position is not defined anywhere as far as I am aware."

"It's not an office that the SA oversees; they just run the election," Burnett said.

She said that at one time Sammy was put under the auspices of the Marching Owl Band, under the direction of Ken Dye, after an incident at another Rice-Texas A&M game several years ago. However, MOB member Eric Weimer said that Sammy was not under Dye's direction.

Athletic Ticket Manager Steve Moniaci said that Sammy was not under his control, either. "We control the athletic events, but we don't elect or have control over who is in the suit."

Sid Richardson College junior James Tolle, who also wears the Sammy costume, said that "Sammy needs to be accountable to someone."

He likes the current de facto situation where the Athletic Department can restrict the use of the Sammy costume if there's a problem. Tolle also thinks that a code of conduct for the mascot should be set out.

Tolle said that Sammy could still be accountable to the Athletics Department even if that department does not get to choose who will wear the suit.

The Athletic Department currently proposes to take over selection of the mascot through a tryout process. Tolle said that Sammy should remain a student-elected position.

He thinks that there is a way for Sammy to be accountable and popularly chosen: "We're confusing the issue of student election and accountability."

Gallagher thinks that Sammy should be supervised by an organization concerned with spirit, but that the organization which best qualifies does not currently exist.

"Sammy should be the responsibility of an association that is truly interested in Rice spirit -- be it the Student Association or the Athletics Department -- someone who's truly interested and understands what Rice school spirit is all about.

"I think the perfect organization for the job would be the Rally Club, if there was a Rally Club," he said.


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