Suspension upheld of Rowan students over sex video

Rowan University officials on Wednesday affirmed the suspension of two male students involved in the recording and publishing of a sex video, but would not specify the length of the sanction.

Both students were members of the university's Tau Kappa Epsilon (TKE) fraternity chapter but left the organization amid the controversy that unfolded late last month.

The video was recorded by one of the students as the other had sex with a female student in a garage at the fraternity's house near Rowan's Glassboro campus. The woman, according to a Rowan police report, said that the act was consensual but that she was unaware it was being captured on a cellphone.

The male student in the video later uploaded the footage to a pornographic website with a title that began with "Rush TKE." It also was shared through the Yik Yak app.

Authorities did not pursue criminal charges because the female student declined to file a criminal complaint. But the school did press administrative action against the two, placing them on interim suspension as disciplinary proceedings were held.

They were brought before a five-member board Sept. 26 on charges they violated the school's Student Sexual Misconduct and Harassment Policy under the Student Code of Conduct. The board found them in violation and suspended them.

That penalty was not finalized until Wednesday, when an appeals panel upheld the violation after the students challenged the earlier decision. The university declared the case closed.

"The sanctions they received were appropriate for what they did," Rowan spokesman Joe Cardona said.

Rowan cited its interpretation of the federal Family Educational Rights and Privacy Act for not releasing the students' names or the length of their suspensions.

Cardona said the decision was made by a number of university administrators after consulting legal counsel.

No action was taken against the fraternity by the university.

Nancy Sterling, a spokeswoman for the Indiana-based international TKE organization, said Wednesday evening that the Rowan chapter remained under temporary suspension and called its investigation ongoing. She declined to comment on the students' suspension.

Rowan learned of the video after two students separately reported it, but the video had been removed from the Internet by the time the school learned of it. The incident was initially investigated as if it were a sexual assault.

The act followed "strip beer pong," according to a Rowan police report. The videographer told police that he knew the woman was unaware that he was recording, but said it was "in an area where many people had access."

The female student, according to the report, said "she was mad at first, but she did not wish to sign complaints and ruin anyone's lives."