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Tuesday, August 20, 2002

By Bill Schackner, Post-Gazette Staff Writer

Six months after four Carnegie Mellon University students were accused of forcing their way into a makeshift home built by an art student who dressed in a lobster costume, the school has handed down sanctions that include a one-year suspension and payment of about $800 in restitution.

If they want to return to campus sooner, the students must agree to additional actions, including performing community service, enrolling in an art class, and moving out of campus housing.

The Post-Gazette obtained a copy of an e-mail sent late yesterday by the university to one of the students, Jeremy Nearhoof, 21, a senior from Altoona. Last night, his mother expressed outrage at the severity of the punishment for what she said was a stupid prank.

Cathy Nearhoof said she was furious with her son's actions at the time. She agreed he should be sanctioned but also said "the punishment should fit the crime."

"Where is the justice? Drunk drivers walk away with a few hours of community service day after day to do it again. My son trespassed on somebody's property, end of story," she said. "He didn't harm anybody. He wouldn't harm anybody."

School officials last night declined comment.

The sanctions stem from a disturbance in March outside a makeshift house built as part of an art project by William Kofmehl III that drew worldwide attention. Some scorned the project as absurd and others called it legitimate performance art.

Kofmehl built the three-story wood-frame house from scrap materials while dressed as a lobster. He planned to study human behavior and speech patterns during his project, which qualified for $1,000 from an undergraduate program that encourages artistic and research endeavors.

Kofmehl had moved into the half-finished domicile Feb. 1 vowing to speak to no one for three months.

The four students charged by campus police, all members of the Delta Upsilon fraternity, were among as many as a dozen students who may have been involved in trying to sneak before dawn on March 2 into Kofmehl's house, situated next to Doherty Hall. During the incident, a statue and roof truss were damaged and a stairwell in the house collapsed.

In addition to Nearhoof, 21, those arrested by campus police included Carmelo Piccione, 20; Edward Woroniecki, 19; and Christopher Pierce, 21. They received summary citations for disorderly conduct and criminal mischief and were sent before a magistrate.

The e-mail to Nearhoof was sent by William Elliott, vice president for enrollment at Carnegie Mellon. Woroniecki and Piccione could not be reached for comment, but Nearhoof and Pierce said last night that all four students faced near identical sanctions.

According to Elliott's letter to Nearhoof, he faced a one-year suspension.

He also is required to pay $387 in restitution by Sept. 15 to Kofmehl to cover damage to his property and project, and another $420 to Kofmehl for time lost on his project and loss of summer income.

Nearhoof said his involvement was limited. "Regardless of your degree of involvement," said Elliott, "the board feels that your willing participation makes you accountable for the damages."

Nearhoof also must submit a paper of at least 15 pages on "diversity and freedom of expression," Elliott wrote.

Nearhoof can shorten his suspension by one semester, said Elliott, if he agrees to:

Provide 240 hours of community service and enroll in an applied art class approved by the university equivalent to nine academic units.

A social suspension for fall 2002, meaning he can not come to campus for reasons other than those directly related to his attending class. He cannot accept campus employment, cannot eat on campus, attend sporting or social events and cannot accept campus employment.