©lte Saily ©ar Mnl
INSIDE
IHlSDffl
FEBRUARY 20,1997
UNC Hospitals records found at Caffetrio
BY ERIN VERNON
STAFF WRrTER
A confidential UNC Hospitals docu
ment turned up in a very unlikely place
this week: Caffetrio.
The detailed document contains 18
patients’ names and ages, the time and
room number for their surgeries and a
description of their scheduled surgeries.
The document lists such procedures as
an implant penile prosthesis for one
patient and an amputation for another.
A man who would not identify him
self brought the record to The Daily Tar
Heel office.
UNC holds off Demon Deacons
with early flurry, dominant 6 D’
BYROBBIPICKERAL
SENIOR WRITER
With 1:22 remaining Wednesday
night, 21,572 people at the Smith
Center started chanting.
Overrated (clap, clap, clap-clap-clap),
Overrated (clap, clap, clap-clap-clap).
T i m
Men's basketball
Wake Forest 60
UNC 74
Duncan,
Wake
Forest’s All-
America
center, stood under his own basket, dis
heartened, disgusted and subdued.
North Carolina forward Antawn
Jamison stood happily beside him,
smiling to the rafters and nodding to
the beat.
A minute and a half later, Jamison
and Cos. were
Carter's career
night paces UNC
See page 9
surrounded by
those fans as
No. 12 North
Carolina (18-
6, 8-5 in the ACC) dismantled fourth
ranked Wake (204,94) 74-60.
“It’s a good feeling once you hear
your crowd chant that,” Jamison said.
"... It’s not that they’re overrated.
(But the chanting) really shows we can
compete with a team like that.”
The Tar Heels did more than com
pete Wednesday night, they showed
Court to hear student’s sexual harassment case
FROM STAFF AND WIRE REPORTS
A man who says two teachers pres
sured him into a homosexual relation
ship as a 16-year old was too emotional
ly disturbed to file a lawsuit within the
three-year statute of limitations, the
N.C. Court of Appeals said Wednesday.
The ruling revives a lawsuit filed by
Christopher Soderlund, a ballet student
who attended the N.C. School of the
(3.-., ; V ... , - IL ■
DTH/CARA BRICKMAN
Sophomore Roxanne Hall distributes condoms and information as a part of Condom
Awareness Week. The booth is sponsored by Student Health Service.
What you
don’t know...
Anew bill could make
colleges report all
campus crimes. Page 2
• Q#
“That is definitely not good,” said
Linda Cowan of Cary, a patient whose
name is on the schedule. “I’m surprised
that someone would be that irresponsi
ble.”
Robin Gaitens, media relations liai
son for UNC Hospitals Marketing and
Public Relations, confirmed the serious
nature of this event. “The document
should not have been removed from
Hospitals premises,” she said.
She said only hospital-related person
nel would have had access to the report.
“It is an internal, confidential document
that is distributed to hospital and med
ical school staff who are involved in and
poise, maturity and an added dash of
intestinal fortitude in a match-up of
teams seemingly headed in different
directions.
UNC, which started the league sea
son 0-3, notched its sixth straight victo
ry, which guaranteed its 33rd straight
ACC season at .500 or better.
Wake, on the other hand, lost its sec
ond straight conference game and its
first on the road.
“Am I concerned about my team?”
Demon Deacon coach Dave Odom
asked. “Absolutely.”
Wake got off to an abysmal start
early, shooting a measly 25 percent in
the first period.
Tar Heel guard Vince Carter
outscored the Deacs 21-18 in that half,
upping his previous career scoring high
(20) by one, his career high in field
goals (eight) by one and matching a
career high with three 3-pointers. He
finished the game with 26.
“I just stepped up... I got some good
screens from my teammates tonight,”
Carter said.
“I just took advantage of what was
given to me.”
Center Serge Zwikker scored eight of
his final 10 points in that stanza and
combined with Jamison and Makhtar
Ndiaye to limit Tim Duncan to seven
first-period points.
Arts in 1983 and 1984.
A lower court dismissed Soderlund’s
suit against dance instructors Richard
Kuch and Richard Gain because it was
filed in 1995,11 years after Soderlund,
now 27, says he was pressured and
seduced into a relationship with Gain.
Soderlund said he was not invited
back to the school for the 1984-85 school
year after breaking off the relationship
STIMULATING CONVERSATION
Life is strange. Every so often a good man wins.
Frank Dane
DWI dismissal
A former Ephesus
Elementary bus driver
was acquitted of drunk
driving charges. Page 2
responsible for patient care. The
Hospitals and the School of Medicine
feel strongly that confidential informa
tion should be vigorously protected.”
Patient information beyond a stan
dard condition report of “good,” “fair,”
“serious” or “critical” is not released to
the public, she said.
UNC Hospitals and the School of
Medicine abide by the Confidentiality of
Patient Information Policy and the
Information Security Policy, she said.
The Confidentiality of Patient
Information Policy states that UNC
Hospitals accepts responsibility to pro
tect medical records and confidential
“I don’t know what kind of concus
sion he had,” Odom said, referring to
the headache that kept Zwikker out of
the second half at Georgia Tech on
Saturday.
“But I’d like to give one to a couple
of my guys.”
The Deacs didn’t let down, however.
Down 38-18 coming out of the locker
room, Wake rallied with a 26-6 run on
a bevy of shots from Duncan, Jerry
Braswell and Tony Rutland to cut the
lead to seven with 8:06 remaining.
“They made it interesting,” UNC
coach Dean Smith said. “You shouldn’t
say that you knew they were going to,
but...”
They are, after all, the No. 4 team in
the nation.
Not that UNC cared. After an offi
cial timeout, UNC regrouped its attack.
Freshman Ed Cota converted a layup
from Shammond Williams, Cota fed
Jamison inside, and Williams canned a
trey in Rutland’s face to put the lead
back to double digits.
“I think we were able to play our
style of basketball,” Williams said. “We
were able to control the tempo.”
UNC never let up. Wake never
recovered.
“We knew we had to turn this team
around,” Carter said. “This is the right
way to do it.”
with Gain.
And he says both Kuch and Gain
harassed and humiliated him at the
school.
Soderlund, who was 16-years old
when the relationship with Gain began,
said in his appeal he suffered several
emotional breakdowns after his rejec
tion by the school, which made him
incompetent to pursue a lawsuit against
patient information from the public.
According to the policy, confidential
information can be accessed only by
written consent of the patient or a legal
ly qualified representative, court order,
subpoena or statute.
The Information Security Policy
states that all written, spoken and elec
tronically recorded or printed informa
tion “will be protected from accidental
or intentional modification, destruction
or disclosure.” Also, the policy protects
information defined as “generated in the
context of patient care.”
Gaitens said UNC Hospitals had
never experienced a violation of those
iV- ~ v
awfe.-- _
Im. -
DTH/AMY CAPPIELLO
UNC forward Antawn Jamison, who had 12 points and 10 boards Wednesday
night, dunks in the closing moments of the Tar Heels' win over Wake.
the two instructors.
During one of those breakdowns in
1992, he told his mother about the rela
tionship.
The appeals court agreed that
Soderlund’s mental state, including a
diagnosis of post-traumatic stress syn
drome, made it impossible for him to
file his lawsuit within the three years.
Soderlund’s lawsuit sparked an
inquiry by the Board of Governors. An
independent commission concluded
that some teachers at the school acted
improperly, but that sexual misconduct
was not rampant on the campus.
BOG member Kathleen O’Kelley,
chairwoman of the Committee on
University Governance, said she
worked hard to make the universities
safer.
“I don’t know what else the board
could do,” she said in a telephone inter
view.
After an investigation, BOG mem
bers ruled that allegations of rampant
sexual misconduct at the School of the
Arts were unfounded.
The BOG set up a hotline to for cur
rent and former students to report cases
of sexual improprieties. Although 60
former students reported knowledge of
incidents, none were students who
attended the school at that time.
“It’s very important to us that our
students study and learn in a very safe
environment. We do all that we can to
ensure a good place for students,"
O’Kelley said.
Kuch and Gain resigned in August
1995, just before a hearing on their dis
missals was to begin. They denied the
accusations.
School of the Arts Chancellor
Alexander Ewing declined to comment
on the case Wednesday evening.
Today's
Weather
" Partly sunny;
mid 60s.
Friday Showers: high 60s.
Day of reckoning
The UNC women's
swimming and diving
team is set for the ACC
Championships. Page 9
policies before. “I would certainly say
this is not a regular occurrence.
“Patients who come to UNC for
health care should expect that informa
tion about their medical treatment and
procedures remain confidential,”
Gaitens said.
“The Hospitals and medical school
will investigate the incident and take
appropriate preventative and discipli
nary action in accordance with hospital
or university procedures,” she said.
Jeffrey Fair, a transplant surgeon who
was not listed on the schedule, said,
“I’m sure (the document) got there by a
benign, nonintentional mistake.”
Graduate students complain
about inequitable treatment
BY BRIAN MURPHY
STAFF WRITER
With student fee allocation hearings
starting Friday, some graduate students
are worried that their groups will not
receive equitable treatment from
Student Congress.
Graduate and Professional Student
Federation President Katherine Kraft
said the problem was historical.
“Congress has a reputation for not
being graduate
friendly,” Kraft
said. “Practices
used in the past
need to be recon
sidered.”
Graduate stu
dent Rep. Michael
Holland, Dist. 6,
agreed with
Kraft’s assess
ment. “I don’t
believe (graduate
students) are get
ting a fair shake,”
he said.
Holland said
the problem
stemmed from
Finance committee
Chairman
Rep JASON JOLLEY
said Student Congress
treated graduate and
undergraduate
students equally.
several factors, including political inter
ests and graduate student organizations’
lack of broad appeal.
“When undergraduate representa
tives vote, one of the questions they ask
is ‘Does it have broad appeal?’” Holland
said. “But graduate and professional
groups are more focused.”
“(Student Congress) continually
makes the mistake of holding political
tests,” he said. “Any group which does
103 yean of editorial freedom
Serving the Itudemiindxhe University
community since 1893
♦ News/Feannm/Att/Sports: 962-0245
Business. AdvertiDQE 962-1163
Volute 104, Issue 156
Chapel HOI. North Carolina
O 1997 Btß Publishing Corp.
AH rights reserved.
Congress
candidates
to file suit
■ The Elections Board
announced re-elections for
eight graduate districts.
BYNAHALTOOSI
STAFF WRITER
At least two Student Congress candi
dates are upset enough about recent
Elections Board decisions that they have
decided to file suit with the Student
Supreme Court.
The board announced Tuesday that
Student Congress graduate districts 2
through 9 must re-elect representatives
because comput
ers used at poll
sites might have
misidentified
voter’s districts.
Candidates
Bryan Kennedy
and Dara Whalen
said the board
should not call for
a re-election in
their districts
because the out
come of their
races would not
have been affect
ed.
“The burden of
proof will fall on
the Elections
District 4 candidate
BRYAN KENNEDY
said there was no
need to have a
re-election in his
district because he
ran unopposed.
Board to show that there was an irreg
ularity in the districts,” said Kennedy,
an incumbent in District 4.
“The reason I’m going to file a suit is
because any alleged violations in my
district would not have changed the the
results in my district,” Kennedy said. “I
ran unopposed, with my name on the
ballot, and there were no write-ins.”
Kennedy said when he voted, the
computer had displayed the correct dis
trict number. He said since there were
no write-in candidates, one vote would
have sealed his victory. “I could have
gone, voted for myself, and won.”
Whalen, the incumbent in District 8,
said she would either join Kennedy’s
See SUIT, Page 4
“Congress has a reputation
for not being graduate
friendly. Practices used
in the past need to be
reconsidered. ”
KATHERINE ntfl
GPSF President
anything conservative or liberal is treat
ed differently.”
Holland said the undergraduate rep
resentatives voted for more conservative
groups, but groups perceived as liberal
had a strike against them. He said the
graduate groups were most often per
ceived as liberal.
But Rep. Jason Jolley, chairman of
the Student Congress Finance
Committee, said inequality did not exist.
“This started over Town and Gown.
It’s just one issue that has been blown
out of proportion,” he said. “Grad and
undergrad students receive equal treat
ment.”
Town and Gown, a graduate student
organization that is responsible for the
publication and distribution of a
bimonthly newspaper, was at the heart
of a Student Congress funding debate
last semester.
The controversy arose when some
undergraduate Student Congress mem
bers questioned the publication’s place
in the University community.
Graduate Student Congress repre
sentatives walked out of the meeting,
See GPSF, Page 4