AMES, Iowa--One of the four Iowa State University Sigma Alpha Epsilon fraternity members suspended last month for alleged sexual misconduct has turned himself in to the Ames Police Department.

Senior John Richard Tate turned himself over to the Ames Police Department March 16 after a warrant was issued for his arrest.

A news release from Ames police said the warrant charged Tate with sexual assault in the third degree, a class C felony punishable by a maximum of 10 years in prison and a $10,000 fine.

The incident in question occurred in December 1996 at the SAE fraternity house.

Dean of Students Kathleen MacKay said a university judicial case will be brought against Tate only if there is enough evidence provided by the investigation.

For an individual to be subjected to university judicial hearings he or she must be a student at ISU.

John McCarroll, director of University Relations, said from his understanding with the Registrars Office, Tate is no longer a student.

However, the phone book on the ISU home page still shows Tate as being a registered student.

In February Kessel told the Daily that the police department had heard rumors about the situation, many of which were based on the possible use of Rohypnol, sometimes called "roofies."

Last month, MacKay also said her office began hearing rumors of drug-related sexual misconduct near the end of last semester.

After warning ad in the Daily about Rohypnol prompted more conversation about sexual misconduct, she notified the SAE national organization Feb. 4.

Four members, including Tate, were handed individual suspensions after a three-day investigation by the SAE national organization.

At that time, SAE national spokesman Benjamin Lewis said the suspensions were the result of "very strong allegations."

In addition, the house was also put on temporary suspension by the Dean of Students Office.

Tate is the only member out of the four suspended members to be charged with sexual assault. It is unknown if more arrests will follow.--University Wire

HOUSTON--Students at Sam Houston State University returned to campus and safe dining services Monday after an outbreak of possible food poisoning left about 125 students ill and hospitalized before spring break.

The students went to Huntsville Memorial Hospital and to the student health center between March 10 and 13, complaining of symptoms such as vomiting, stomach cramps and diarrhea, symptoms often associated with food poisoning.

The hospital notified the Huntsville city health inspector of a possible outbreak March 11. All the students who were hospitalized were released by noon on March 15.

No conclusive evidence has been presented yet that Aramark, the food service provider for both SHSU and the University of Houston, is at fault.

The Department of Health and the Center for Disease Control are, along with Aramark, conducting an investigation.

No previous health inspections at SHSU have found serious problems with the food service, and the health department inspected all the dining facilities on campus and declared them safe March 22.

The food service director at SHSU did say that they have chosen to "increase ... employee training in safety and sanitation to further ensure the safety of the food from the time of delivery to the time of service.

Spokesman for SHSU Frank Krystyniak said that, if the investigations do show that Aramark is responsible for the illness, the university will not take action against the company "unless they were negligent or refuse to pay damages."--University Wire

AUSTIN, Texas--Attorneys said Monday a suit brought against the University of Texas School of Law in December by an Army veteran who was denied free tuition and fees could have a big impact on Texas public universities.

In 1959 a Texas state law that gave benefits to veterans was changed to exclude any veterans who were not living in Texas for one year before their enlistment.

The lawsuit filed in December by Joseph D. Jackson of Round Rock came to light when Texas Attorney General Dan Morales issued an opinion March 20 stating the law would probably be found unconstitutional in court.

Jackson enlisted in Arkansas but received his military training in Texas. He graduated from the UT School of Law last December.

Jackson claims his veteran status should have exempted him from tuition and fees at the law school.

The case raises questions about who the beneficiaries of a ruling against the 1959 law would be, said Ray Farabee, general counsel for the UT System.

The lawsuit has since transferred to a U.S. district court in Austin. A court date has not been set.

If the statute was deemed unconstitutional, veterans could receive free tuition at Texas public universities, he said.

"In collecting fees in the past, there ought to be a refund to the veterans," Pleuthner added.

Morales also has said his office will defend the law school in the case regardless of opinion issued last week.

Ward Tisdale, a spokesman for Morales, said the lawyers who wrote the opinion about the 1959 law were not aware of Jackson's pending lawsuit.

Michael Sharlot, dean of the UT School of Law, refused to comment on the case.--University Wire

GAINESVILLE, Fla.--While University of Florida student body elections candidates have been concentrating on campaign strategies, attending debates and winning votes, Action Party presidential hopeful John McGovern is dealing with another pressure.

He is being sued for defamation by UF graduate student Charles Grapski, who said McGovern and some of his political counterparts attempted to sabotage his Student Government presidential campaign three years ago by making him look like a child molester.

Tuesday marked the pretrial hearing of Grapski's case against Student Senate President McGovern and Florida Blue Key, UF's oldest leadership honorary and an influential force in campus politics.

The hearing is another step toward the April 6 trial.

McGovern said he will not comment on the case other than to state that "I continue to maintain my innocence in this matter, and I look forward to my day in court."

Once the trial begins, it will be Little's task to convince a jury that Grapski's allegations are true.

According to Grapski, McGovern and other Blue Key members tried to smear the 32-year-old's 1995 presidential campaign by falsifying his criminal record and posting it on fliers about campus.

The flier listed false charges of sexual battery on a minor, lewd and lascivious conduct and public exposure along with Grapski's true record, which included charges of drunk driving, aggravated assaults on a law enforcement officer and strong-arm battery.

In court documents McGovern has denied posting the fliers, adding that Grapski's own character and actions caused him to lose the 1995 elections.

Candidates running this week against McGovern said they do not think the lawsuit will have any effect on the election outcome, and it had no impact on how they ran their campaigns.--University Wire