The graduate student arrested last month for taking pictures of a female student while she showered in a Morse College bathroom is awaiting a judge’s decision to determine if he can avoid a trial and enter the Accelerated Pretrial Rehabilitation program.

Rodney Chan GRD ’09, who was arrested on charges of voyeurism and criminal trespass in the second degree Jan. 29, made the request at his court hearing late last week, prosecutor Brian Sibley said. Completion of the program would enable Chan to have his case dismissed and the charges removed from his record.

“If he is successful, there is no plea entered,” Sibley said. “He does not enter guilty or not guilty. [The program] is designed to give people a change to keep their records clear.”

Chan has no previous criminal record, University Police Lt. Michael Patten said.

The female student involved in the incident said she attended Chan’s Thursday court hearing and said the judge did not make a final decision about whether Chan will be allowed to participate in the rehabilitation program. She said the judge set another court hearing to take place in May.

“The judge wants further psychological investigations,” she said.

A spokesperson for the bail commissioner’s office said the judge decides how much time the defendant has to complete the Accelerated Pretrial Rehabilitation program.

“It’s up to the court how long the duration of the program is,” she said. “The longest is two years.”

Under the terms of the program, the judge may order a defendant to engage in community service or pass a drug test, the spokesperson for the bail commissioner’s office said. Remaining in good standing is key to passing the program, she said.

“The defendant cannot be arrested again within the time period,” the spokesperson said.

She said defendants accepted into this program normally have been charged with non-violent crimes. Sibley said individuals are only admitted to the program once.

Joseph Zappala ’06, an assistant to Chan’s attorney Paul Farren, said Farren has not spoken to Chan and could not comment at this time.

The female student involved in the incident said she spoke to Chan about the situation prior to his court date. She said he expressed guilt about his actions.

“I had conversations with him before the hearing,” she said. “I’m personally much at peace with the whole situation. He is specially remorseful for his actions. He admitted that he did it. I don’t think he was clear on why he did it.”

The student said Chan used a digital camera, which police confiscated upon his arrest.

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