A situation that seemed to be smoothing out took an unexpected turn Tuesday night, as Brian Buck abruptly departed from his position as executive vice president of student government.
As of Tuesday, University representatives and student government officials would not disclose the specific reasons that lead to Buck's parting with the Associated Students of ASU.
ASASU President Mike Leingang informed the student senate at a meeting Tuesday night of the new vacancy in student government.
"I was informed there was a vacancy and it is my duty to fill that vacancy," Leingang said.
The announcement came eight weeks after a scandal broke to the national media surrounding a pornographic movie filmed on the ASU campus that Buck participated in during the fall 2001 semester.
Buck was not present at the Tuesday meeting and Business College Senator Robert Owen Farris served as interim vice president.
Despite the fact that the executive vice president is an elected position, Leingang said he plans to appoint a new executive vice president, and all ASU students are eligible to apply for the position. Buck won the position after receiving a 53-percent majority of the student vote in February.
The announcement shortly followed a letter sent to Buck from the University department of Student Life, informing him that he is in violation of two sections of the student code of conduct, according to Buck's attorney Dell James.
According to James, Student Life ruled that Buck had been in violation for "unauthorized use of university property, resources or facilities" and "misrepresenting oneself or an organization as an agent of the university." referring to Buck's position in ASASU as vice president.
Neither Buck nor his lawyer would comment on the specific punishment, though James said Buck was not expelled or suspended from attending ASU.
"I called the University and they have found him in violation of two of the four things he was charged with," James said.
Buck was brought before the branch of Student Life that delegates punishment, the Judicial Affairs committee, on Sept. 30, for his role in "Shane's World #29: Frat Row Scavenger Hunt 3," which involved four fraternities, including Buck's fraternity, Sigma Nu.
Buck was identified in the video performing various sex acts at the Sigma Nu fraternity house.
James said the ruling made by Student Life has no legal justification.
"They have no legal basis to make this decision," James said. "I think any of the punishments are opinion. This is the biggest bunch of garbage I've ever heard of. To rule because you don't like what he did, that doesn't work."
James added that Buck's role in the movie was inappropriate, but Student Life should only make a decision based on legality.
"Whether its moral or ethical is not the point," James said. "He did not break the rules."
A student can only appeal a punishment handed out by Student Life if they have been suspended or expelled.
Since Buck did not receive either of those reprimands, the only way he can appeal the ruling is through the court system.
"I may sue [ASU]," James said. "This is one of the most ridiculous things I've ever been a part of."
Reach the reporter at andrew.bernick@asu.edu.
