Both young men had blood alcohol content levels above 0.18. Both were dangerously intoxicated, got behind the wheel of a car and caused property damage.

Two ongoing driving while intoxicated cases involving Syracuse University students have attracted local media attention: one for destroying part of the Mount Olympus stairs, the other involving men’s lacrosse player Kevin Drew. The two separate cases, for all their similarities, highlight the different treatment varsity athletes receive compared to non-athletes when it comes to university punishment. Experts in the university’s judicial processes, however, deny that SU’s judicial system inherently favors athletes.

In December, a tense University Senate meeting gave faculty and staff a platform to raise questions about the Bernie Fine scandal. Among them was the concern that athletes receive preferential treatment within the university’s academic and judicial spheres. In response, Chancellor Nancy Cantor turned to a cohort of suited administrators, denying such special treatment exists.

‘That’s just not true,’ she said at the meeting

But the DWI cases show two very different punishments: The athlete is back at school and back on the team, while the non-varsity athlete was suspended for a full semester.

The two men facing DWI charges are Ryan Forman, a sophomore from Brooklyn who crashed into the stairs at the top of Mount Olympus, and Drew, a senior midfielder for SU’s men’s lacrosse team. Although Drew faces more charges, including a criminal charge of resisting arrest, he is back at SU after withdrawing at the end of October for the rest of the fall semester.

The men have court appearances scheduled within a week of each other. Drew appeared in court Wednesday. Forman will appear in court Thursday. Both cases remain open, according to court documents.

Police charged Forman with three misdemeanors and a traffic infraction: driving while intoxicated, driving with a BAC of 0.08 or higher, aggravated DWI with a BAC of 0.18 or higher and failure to use the designated lane, according to court documents.

Forman told police he was drinking cranberry vodkas around the scene of the accident before he headed to his dorm room in Day Hall. An SU employee alerted the Department of Public Safety to a crash at the top of the Mount Olympus stairs.

Although Drew said in court Wednesday that he completed a 28-day inpatient treatment program and has made significant progress in addressing his alcohol problem since the incident, he faces a slew of charges.

Drew was charged with one criminal misdemeanor, three other misdemeanors and five traffic infractions: resisting arrest, driving while intoxicated, aggravated DWI with a BAC of .18 or higher, driving with a BAC of .08 or higher, unlicensed driving, speeding, leaving the scene of property damage, failure to stop at a stop sign and failure to comply with a lawful order, according to court documents.

The car Drew drove belonged to men’s lacrosse head coach John Desko, and Drew was roommates with the coach’s son, Tim Desko. Drew told police he took the car to follow an ex-girlfriend who had just left his apartment, according to court documents.

Drew was never suspended from SU, but he withdrew the day after his arrest. Although his semester ended prematurely, he was able to reapply and return in time for the lacrosse season.

SU’s media day provided Drew the opportunity to publicly apologize. Coach Desko referred to Drew’s withdrawal and suspension from the team as harsh punishments and alluded to other university punishment.

‘Kevin’s done quite a bit,’ Desko said, according to an article published in The Daily Orange on Jan. 12. ‘He wasn’t in school last semester, lost everything academically, financially. He’s not a full scholarship guy. He’s done quite a bit, and he’s going to continue to deal with the consequences. He’s got things he has to do here for the team and for the university.’

Unlike Drew, Forman faced typical university punishment for DWI cases. He is suspended for the full spring semester and is taking classes at Onondaga Community College in the meantime. He said he plans to return to campus in the fall.

SU typically suspends students for one semester if they are charged with a DWI. Gerald Martin, the director of SU’s Office of Judicial Affairs, and Associate Director Pam Peter were away from campus this past week. But Martin pointed to sections 3.6, 10.3 and 10.4, as well as part No. 9 of SU’s Judicial Handbook for guidelines on DWI cases, in an email.

‘Driving any motor vehicle while intoxicated or while under the influence of unlawful drugs,’ according to the handbook, would result in ‘indefinite suspension for a minimum of one academic term, community involvement referral or community service project(s) and/or educational projects.’

But Drew Buske, deputy director and deputy chief of DPS, said there’s no easy rule for how DWI cases are punished. Much of the university’s punishment depends on the various factors involved with each unique case, like the BAC, the level of cooperativeness with the police and whether it’s a first-time offense, Buske said.

‘There’s no magical formula,’ he said. He also said he doesn’t believe the system unfairly favors athletes.

Speaking on behalf of Student Legal Services, Gary Sommer agreed that in the many DWI cases he has seen, the punishments vary depending on the facts of the case. Sommer also represents Drew, but spoke only as an expert. He also said he doesn’t think SU’s judicial system gives athletes unfair privilege.

‘The system doesn’t favor athletes,’ Sommer said, ‘by any means.’

rastrum@syr.edu 

Published on February 5, 2012 at 12:00 pm