Harrison Zolnierczyk '11 was released from the men's hockey team on Feb. 21, the same day the Providence Journal published an article about criminal charges the Canadian native faces in British Columbia. But University officials were aware of the charges before the article's publication.
Director of Media Relations Molly DeRamel told The Herald that University officials "were aware of the matter" before Zolnierczyk, whose arraignment on charges of child pornography and voyeurism was postponed in court yesterday, was released from the team. DeRamel would not elaborate further.
University representatives have since repeatedly declined to clarify the process behind Zolnierczyk's release, citing the Family Educational Rights and Privacy Act as preventing the disclosure of such information.
Other than media relations officials, University personnel contacted by The Herald did not respond or declined to comment. Director of Athletics Michael Goldberger wrote in an e-mail that he and others had been instructed not to speak on the issue.
One of Zolnierczyk's teammates wrote in an e-mail that the hockey team has "been given strict rules not to comment or even respond to e-mails, phone calls or questions at all" concerning the case. The coaching staff has not returned repeated requests for comment by The Herald.
Though the case has received coverage in the Canadian press since September, Zolnierczyk played 16 games for the ice hockey team this season, which began in late October and ended last week. Zolnierczyk last played on Feb. 16 against St. Lawrence University. It is not clear exactly when University officials became aware of the charges.
Yesterday, Zolnierczyk's arraignment was once again postponed in provincial court in Port Alberni, British Columbia. The adjournment until March 27 was jointly requested by the prosecution and defense. Zolnierczyk's arraignment has been postponed several times since it was first slated for Oct. 11.
Zolnierczyk faces two counts of voyeurism and three counts of child pornography, said Port Alberni Provincial Crown Counsel Gordon Baines, who is prosecuting the case. The charges were sworn in court in July 2007, said Cpl. Robert Foster, of the Royal Canadian Mounted Police.
A representative from Baines' office confirmed that the prosecution and defense had jointly requested a postponement of Zolnierczyk's arraignment until March 27, but could not confirm whether a plea would be entered on that date.
Zolnierczyk's lawyer, Richard Fowler, could not be reached for comment.
Baines said the adjournment was expected because the prosecution is still in the process of disclosing to the defense its case against Zolnierczyk.
The charges against Zolnierczyk for the production, distribution and accessing of child pornography carry a minimum sentence of 90 days in jail and a maximum sentence of 18 months prison time, Baines said. The voyeurism charges carry a minimum sentence of discharge without criminal record and a maximum sentence of six months jail time, he said.
"In Canada, our justice system is one based on common law, so there is a lot wider range of sentences possible for any offense," Baines said.
Zolnierczyk is being jointly charged with former Alberni Valley Bulldogs teammate Bradley Harding, who has pleaded guilty and is awaiting sentencing in May, Foster said.
Foster said that, because the case is before the court, he could not comment on the investigation of the alleged crimes except to confirm that they had occurred in the fall of 2006. But, he added, "This is a couple of guys who did something stupid. However, they're going to pay for it."
Canwest News Service reported on Feb. 15 that the case concerns a sex video of an underage girl that was produced by Zolnierczyk and Harding, who then posted the video on YouTube.
